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Last updated on June 12, 2016.

1.   TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy policy and Terms of Use for access or usage of www.timetocart.com website.

The domain name www.timetocart.com is owned by JIBS Enterprises Private Ltd, a company incorporated under the Companies Act, 1956. The www.timetocart.com is an internet based portal owned and operated by JIBS Enterprises Private Ltd, a company incorporated under the laws of India, with its registered office at Kollam, India. Use of the Timetocart website is offered to you on condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, User agreement and Privacy policy along with any amendments made by Timetocart at its sole discretion and posted on the website, including by way of imposing an additional charge for access to or use of a service.

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 user on the website by providing registration data while registering on the website using computer systems. These terms (‘Terms of Use’) of the website between Timetocart and the user ("you" or "your" or "yourself" or "user") of the website describe the terms on which Timetocart offers you access to the website and the services through the website. The term "we", "us", "our" shall mean Timetocart website. Timetocart allows the user to surf the website or making purchases without registering on the website.

When you use any of the services provided by us through the website, including reviews but not limited to, 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. Timetocart shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the website. Your use of the website and the services is subject to the most current version of the Terms of Use made available on the website at the time of such use.

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 use the website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE.  YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.BY IMPLIEDLY OR EXPRESSLY ACCEPTING THESE TERMS OF USE, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY TIMETOCART POLICIES, INCLUDING BUT NOT LIMITED TO PRIVACY POLICY.

IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE OF THE WEBSITE, TERMS OF OFFER FOR SALE ISSUED BY THE SELLER OR ADDITIONAL TERMS OF SERVICE WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY ("ADDITIONAL TERMS") AT THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS OF OFFER FOR SALE AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE.

2.   GOVERNING LAW

These Terms of Use and all transactions entered into on or through the website and the relationship between you and Timetocart shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation to the website, the Terms of Use or any transactions entered into on or through the website or the relationship between you and Timetocart shall be subject to the exclusive jurisdiction of the courts at Kollam, Kerala, India and you hereby accept the jurisdiction of such courts.

If you transact on the website, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website, you shall be contracting with Timetocart Ltd and these Terms of Use and conditions including the Privacy policies constitute your binding obligations.

You can determine when Timetocart last modified the Terms of Use by referring to the "Last updated" legend. Timetocart may require you to provide your consent to the updated Terms of Use in a specified manner before prior to any further use of the website and the services provided on the website. If no such separate consent is sought, your continued use of the website, following changes to the Terms of Use, will constitute your acceptance of those changes.

You cannot assign or otherwise transfer the Terms of Use or any rights granted hereunder to any third party. Timetocart's rights under the Terms of Use are freely transferable by Timetocart to any third parties without the requirement of seeking your consent.

If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the rest of the Terms of Use shall continue in full force and effect.

All notices of Timetocart will be served by email or by general notification on the website. Any notice provided to Timetocart pursuant to the Terms of Use should be sent to Timetocart customer support.

3.   ELIGIBILITY AND REGISTRATION REQUIREMENTS

Use of the service is limited to parties that can lawfully enter into and form contracts under the Laws of India (for example, minors are not permitted to use the service). Only visitors to the site who register and enter into this User agreement ("buyer", "seller", "you", "your" as the context requires) may participate in buying or selling on the site using the service.

If you are selling items as a seller in the course of your business, you are required by law to make that fact clear to potential buyers in your listing. You must provide us true and accurate information when registering and must maintain and update that information as applicable. You must not impersonate any person or use a name you are not legally authorised to use. You authorise us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered (including credit reports about your spouse), and to obtain an initial credit authorisation from your credit card issuer at time of registration. You must be issued with a major credit/debit card that is accepted on the site and you must register that card with us, and your application for registration must otherwise be acceptable to Timetocart in its own absolute discretion.

To register you must provide your real name, address, phone number, e-mail address and a valid credit or debit card acceptable by Timetocart. You warrant to Timetocart that the information you provide during the registration process (and any notification of change of such information) is true and correct.

You are obliged to notify Timetocart of any changes to your registration information immediately. Timetocart reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion. If you provide false or incorrect registration information or do not notify Timetocart of changes to your registration information immediately, Timetocart reserves the right to terminate your account immediately and without notice to you.

You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this site. If your password is compromised you must change your password.

Unless otherwise indicated, Timetocart itself and its affiliates may participate in sales. When Timetocart or its affiliates offer items for sale, it is no different to any other seller engaged in a transaction and they will abide by the same obligations imposed under this agreement as any other seller on this site.

Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. The Services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the Timetocart system by Timetocart for any reason whatsoever. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the website. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Timetocart website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the website.

Timetocart reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to our notice or if it is discovered that you are under the age of 18 years. Timetocart reserves the right to refuse access to use the services offered at the website to new users or to terminate access granted to existing users at any time without according any reasons for doing so. You shall not have more than one active account on the website. You are prohibited from selling, trading, or otherwise transferring your account to another party.

Please note that there could be risks in dealing with underage persons or people acting under false pretence. We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use Timetocart with the involvement of a parent or guardian.

4.   ACCOUNT AND REGISTRATION

If you use the website, you shall be responsible for maintaining the confidentiality of your username and password and you shall be responsible for all activities that occur under your username and password. You agree to ensure that you exit from your account at the end of each session immediately and notify Timetocart of any unauthorized use of your account information or any other breach of security.

If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Timetocart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the website and refuse to provide you with access to the website or future use of the website.

Timetocart makes the services available to you through the website only if you have provided Timetocart certain required user information and created an account through Timetocart user name and password. The services may also be subject to procedures for use of the website, User agreement, uploaded guidelines, rules, additional terms of service or other disclaimer and notices or any additional terms.

The website requires you to register as a user by creating an account in order to avail of the services provided by the website. You will be responsible for maintaining the confidentiality of the account Information, and are fully responsible for all activities that occur under your account. Timetocart cannot and will not be liable for any loss or damage arising from your failure to comply. You may be held liable for losses incurred by Timetocart or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

You shall ensure that the account information provided by you in the website's registration form is complete, accurate and up-to-date. Use of another user's account information for availing the services is expressly prohibited.

You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the website. You are also under an obligation to use this website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the website.

You shall use this website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

Membership on the website is free for users. Timetocart does not charge any fee for browsing and buying on the website. Timetocart reserves the right to change its fee policy from time to time. In particular, Timetocart may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event Timetocart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Timetocart Ltd. Timetocart agrees to deliver the merchandise ordered by you only at such locations as per the order confirmation form. The website also allows restricted access to the services for unregistered users.

5.   PLATFORM FOR TRANSACTION AND COMMUNICATION

The website is a platform that users utilize to meet and interact with one another for their transactions. We cannot be a party to or control in any manner any transaction between our website users.

Henceforward:

  • 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. Timetocart 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.
  • Timetocart does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the website. Timetocart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the website. Timetocart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • Timetocart is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Timetocart cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the website. Timetocart shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
  • Timetocart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the website and use your best judgment.
  • Timetocart does not at any point of time during any transaction between buyer and seller on the website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  • At no time shall Timetocart hold any right, title or interest over the products nor shall Timetocart have any obligations or liabilities in respect of such contract entered into between buyers and sellers. Timetocart 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.
  • The website is only a platform that can be utilized by users to reach a larger base to buy and sell products or services. Timetocart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer.
  • At no time shall Timetocart hold any right, title or interest over the products nor shall Timetocart have any obligations or liabilities in respect of such contract.
  • Timetocart 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.
  • You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.
  • You release and indemnify Timetocart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Timetocart cannot take responsibility or control the information provided by other users which is made available on the website. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the website.

6.   USE OF THE WEBSITE

You agree, undertake and confirm that your use of website shall be strictly governed by the following binding principles. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which you does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • is misleading in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • 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 weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the website. Throughout this Terms and conditions, Timetocart’s prior written consent means a communication coming from Timetocart’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
  • solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
  • interferes with another user's use and enjoyment of the website or any other individual's enjoyment of similar services;
  • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and conditions.
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • shall not be false, inaccurate or misleading;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
  • you shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means. We reserve our right to bar any such activity.
  • you agree not to access (or attempt to access) the website and the materials or services by any means other than through the interface that is provided by Timetocart.
  • you shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. you may not reverse look-up, trace or seek to trace any information on any other user of or visitor to website, or any other user, including any account on the website not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
  • you shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the Timetocart.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of Timetocart or sellers on platform or otherwise tarnish or dilute any Timetocart's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or Timetocart's systems or networks, or any systems or networks connected to Timetocart.
  • you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
  • you may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • you may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Timetocart and / or others.
  • 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.
  • Solely to enable Us to use the information you supply Us with, so that we are not violating any rights you might have in your Information, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy policy applicable to use of the website.
  • From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • you shall not engage in advertising to, or solicitation of, other Users of the website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the website or related to us.
  • you may not transmit any chain letters or unsolicited commercial or junk email to other users via the website. It shall be a violation of these Terms of Use to use any information obtained from the website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.
  • In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion.
  • We reserve the right, but has no obligation, to monitor the materials posted on the website. Timetocart shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Timetocart views.
  • In no event shall Timetocart 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 website. 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.
  • Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
  • It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
  • Timetocart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

7.   SERVICES

The website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by Timetocart's various affiliate/ registered merchants/ sellers/service providers at a discounted price. The services are offered to the users through various modes which shall include issue of coupons that can be redeemed for various services. The purchase of products and services on the website shall be governed by the User agreement.

You confirm that Timetocart shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the website. Timetocart does not offer any refunds against any services already purchased from the website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to Timetocart. You should take all responsibility for your own actions in utilizing the services purchased by you and Timetocart shall not be liable for any such action.

You should take all responsibility for your own actions in utilizing the services purchased by you and Timetocart shall not be liable for any such action. You represents that you are of legal age to form a binding contract with Timetocart and are not a person barred from receiving services under the laws as applicable in India.

You confirm that Timetocart shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the website. Timetocart does not offer any refunds against any services already purchased from the website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to Timetocart.

8.   CONTRACT

Your order is an offer to Timetocart to buy the product(s) in your order. When you place an order to purchase a product from Timetocart, we will send you an e-mail confirming receipt of your order and containing the details of your order. The email is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you.

If your order is dispatched in more than one package, you may receive a separate e-mail for each package, and each e-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that e-mail. Without affecting your right of cancellation, you can cancel your order for a product at no cost any time before we send the dispatch e-mail relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Timetocart will confirm each order to the seller and the buyer. Sellers must dispatch items sold within two business days once the order confirmation is made available to them. If and when Timetocart makes functionality available to the seller which allows seller to display a product availability message on the site, the seller must dispatch items sold in accordance with the product's availability stated on the site at the time of the order.

Sellers must provide a full refund to any buyer who remits payment, if the item cannot be shipped. Sellers must provide the refund promptly via their Timetocart seller account, but in no case later than thirty days following the date the order was confirmed or 3 calendar days after the maximum estimated delivery date stated on the site at the time of the order (as the case may be).

If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the completion of a sale to complete the transaction in writing and/or in the relevant form (as the case may be).

Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:

  • All postage, customs, import, export and excise duty, VAT and any other taxes associated with the sale (if applicable) will be paid by the buyer and it is the seller's responsibility to determine, collect and remit the applicable VAT, customs, import, export and excise duties and any other taxes associated with the sale. Unless otherwise agreed by us in advance in writing, the price of any items sold using the service must be displayed inclusive of any customs, import, export and excise duty, VAT and any other taxes associated with the sale, which may be applicable and sellers will not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site;
  • Buyers are required to pay sellers in the currency in which the sale is listed;
  • The sale will be subject to any warranties implied under applicable law;
  • The contract between the buyer and seller will be governed by the laws of India and the parties irrevocably submit to the exclusive jurisdiction of the courts in Kollam, Kerala, India.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

9.   USER OBLIGATIONS

Subject to compliance with the Terms of Use, Timetocart grants you a non-exclusive, limited privilege to access and use this website and the services provided therein.

You acknowledge and agree that by accessing or using the website or services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. Timetocart disclaims all liabilities arising in relation to such offensive content on the website. You may report such offensive content by contacting us.

If website allows you to post and upload any material on the website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
  • Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or another's computer;
  • Engage in any activity that interferes with or disrupts access to the website or the Services (or the servers and networks which are connected to the website);
  • Attempt to gain unauthorized access to any portion or feature of the website, any other systems or networks connected to the website, to any Timetocart server, or to any of the services offered on or through the website, by hacking, password mining or any other illegitimate means;
  • Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. you may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the website, or any other user of Timetocart, including any Timetocart account not owned by you, to its source, or exploit the website or service or information made available or offered by or through the website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the website;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers or networks connected to or accessible through the websites or any affiliated or linked sites;
  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  • Use any device or software to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website;
  • Use the website or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Timetocart or other third parties;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms of Use including but not limited to any applicable Additional Terms of the website contained herein or elsewhere; and
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the website.

Further to this

  • You agree that you are solely responsible to Timetocart and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Timetocart or its affiliates or its sellers may suffer) for any such breach.
  • You agree and acknowledge that Timetocart is not the seller of the products and the services and Timetocart shall in no manner be deemed to be the seller of the products or services on this website. Timetocart is only facilitating purchase of the products or services by you from the seller by providing the services to you.
  • You agree that Timetocart may, at any time, modify or discontinue all or part of the website, charge, modify or waive fees required to use the website or offer opportunities to some or all website users.

10.        PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that you and your Personal information is one of our most important assets. Timetocart uses your personal data in the manner set out in the Privacy policy and as further described in this User agreement so far as it is applicable to personal data collected or used in connection with the site and the service.

We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy policy is available at www.timetocart.com. If you object to your information being transferred or used in this way please do not use website.

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the Privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.timetocart.com or with third party merchant's or third party merchant's website.

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy policy of Timetocart in respect of the website. You further consent that the terms and contents of such Privacy policy are acceptable to you. If we decide to change our Privacy policy, we will post those changes on the Privacy policy page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check the Privacy policy frequently for changes. Please note that the information you provide to us in using the service and the site will be transferred outside India for the purposes of processing by Timetocart and its affiliates and in order to maintain user accounts for you at other Timetocart sites. By using the service and the site, you consent to this transfer.

Unless otherwise authorised or consented, you agree not to use any information regarding other users that is accessible from the site, except to enter into and complete transactions conducted via the site. You agree not to use any such information for purposes of solicitation, advertising, unsolicited email or spamming, harassment, invasion of privacy or otherwise objectionable conduct.

11.        CONTENTS POSTED ON SITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Timetocart has no control over such third party user generated content as Timetocart is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Timetocart's express prior written consent.

You may use information on the products and services purposely made available on the website for downloading, provided that you

  • do not remove any proprietary notice language in all copies of such documents,
  • use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  • make no modifications to any such information, and
  • do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the website. Such content will become our property and you grant us the worldwide, perpetual and transferable rights in such content.

We shall be entitled to, consistent with our Privacy policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide. You agree that any content you post may be used by us, consistent with our Privacy policy and rules of conduct on site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

12.        PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

Timetocart strives to provide you with the best prices possible on products and services you buy or avail of from the website. The pricing details for purchase of products and services from the website are detailed under the User agreement. Timetocart does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

Timetocart strives to provide you with the best prices possible on products and services you buy or avail of from the website. However, Timetocart does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.

While Timetocart strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Timetocart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Timetocart will have the right to modify the price of the product or service and contact you for further instructions via e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If Timetocart cancels the order after the payment has been processed, the said amount will be remitted to your account from which the payment was made.

13.        DESCRIPTION

Timetocart we do not warrant that product description or other content of this website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Timetocart, through the website also makes available of variety of branded products and merchandise at an agreed price to you. Purchase of such products will be subject to the User agreement and such other additional terms, if any, as specified by the seller. Timetocart offers shipping for all the products on the website as per the policy, which may be changed by Timetocart without any notice to you. Octroi charges, wherever applicable, is borne and paid by the Timetocart and not to be borne by user.

All the products are governed by the terms of warranties provided by the respective manufacturer/brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details. The price of products offered on the website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.

In the event you purchase any electronic product/s from the sellers, Timetocart shall not be liable for any fault arising from these electronic product/s. You are requested to visit the nearest service station as per user manual, if any or as indicated by the seller/s for any default in the electronic product/s. In case if there is no service station located close to you, then, in such circumstances, Timetocart shall recall the product/s upon your request and send it to the service station on your behalf. The personnel of service station shall directly get in touch with you for the cost incurred.

Unless expressly indicated otherwise, Timetocart is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Timetocart accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

14.        COUPONS

In furtherance of the services provided and the eligibility criteria stated under the Terms of Use located at www.timetocart.com, you shall be eligible to purchase coupons of a specific monetary value. Timetocart will facilitate the provision of the best, pre-negotiated deals for a particular product/service at a given price for a given place. Purchase of such coupons will be subject to the Terms of Use and User agreement and such other terms, if any, as specified by the seller.

Each coupon will have the necessary redemption instructions printed on it. The coupons may contain an offer period, or expiry date mentioned on it, you shall use it accordingly. Unless otherwise stated, you will not be entitled to receive any credit or cash-back for the value of the coupon you don't redeem or use within the stipulated time period as mentioned in the coupon, if any. You agree that the coupon issued is specific to the product or service selected such as restaurants, spa, salon & wellness, footwear etc. and cannot be used for the purchase of any other product or service as offered by the website and cannot be used for the purchase of any other product or service and cannot be combined with other special offers or promotions that may be made available on the website.

On making payment for the coupon through any mode, including cash on delivery, you will be issued a coupon which must be presented to the venue/ store of the seller, pursuant to which you can complete your purchase of the relevant product or avail of the relevant service from such seller. The displayed price stated on the coupon shall be inclusive of applicable taxes unless mentioned otherwise..

Coupons once sold are non-refundable, whether you use it or not. Only one coupon is allowed per transaction. You agree that neither Timetocart nor the sellers shall be liable in the event you lose, misplace or destroy your coupon at any time.

15.        SELLING

As a registered seller, you are allowed to list item(s) for sale on the website in accordance with the policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the website. All listed items must be kept in stock for successful fulfilment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the website. Timetocart reserves the right to delete such multiple listings of the same product listed by you in various categories.

16.        PAYMENT

Timetocart will allow the user to buy using the following forms of payments.

  • credit cards
  • debit cards
  • internet banking
  • other mode of payment, made available on the website.

Please note that payment can be made only in India Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations. You agree to provide correct and accurate credit/debit card details to the approved payment gateway for availing services on the website. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.

Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, you agree that you shall pay all amounts due upon demand by us.

While availing any of the payment method/s available on the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s or
  2. Exceeding the preset limit mutually agreed by you and between bank/s or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on website.

Before shipping / delivering your order to you, seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

  • Transactions, transaction price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the buyer and seller to facilitate the completion of the transaction.
  • Use of the payment facility shall not render Timetocart liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Timetocart's website.
  • You have specifically authorized Timetocart or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically or through Cash on Delivery to and from other users in respect of transactions through payment facility.
  • Your relationship with Timetocart is on a principal to principal basis and by accepting these Terms of Use you agree that Timetocart is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Timetocart's website that are paid for by using the payment facility. Timetocart does not guarantee the identity of any user nor does it ensure that a buyer or a seller will complete a transaction.
  • You understand, accept and agree that the payment facility provided by Timetocart is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the transactions on the Timetocart website using the existing authorized banking infrastructure and Credit Card payment gateway networks.
  • By providing payment facility, Timetocart is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
  • Timetocart shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Timetocart with our acquiring bank from time to time.

Buyers

  • Buyer understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with the seller to purchase the products and/or services from the seller using the payment facility, and you shall pay the transaction price through your issuing bank to the seller using payment facility.
  • Buyer may agree with the seller through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of dispatch /delivery time or subsequent novation/variation of the Transaction should be in compliance with payment facility rules and policies.
  • Buyer shall electronically notify payment facility using the appropriate Timetocart website features immediately upon delivery or non-delivery within the time period as provided in Policies. Non notification by you of delivery or non-delivery within the time period specified in the policies shall be construed as a deemed delivery in respect of that Transaction. In case of Cash On Delivery transactions, buyer is not required to confirm the receipt of products or services.
  • Buyer shall be entitled to claim a refund of the transaction price (as your sole and exclusive remedy) in case you do not receive the delivery within the time period agreed in the transaction or within the time period as provided in the policies, whichever is earlier. In case you do not raise a refund claim using website features within the stipulated time than this would make you ineligible for a refund.
  • Buyer understand that the payment facility may not be available in full or in part for certain category of products and/or services and/or transactions as mentioned in the policies and hence you may not be entitled to a refund in respect of the transactions for those products and /or services
  • Except for Cash On Delivery transaction, refund, if any, shall be made at the same issuing bank from where transaction price was received.
  • For Cash On Delivery transactions, refunds, if any, will be made via cheque in favour of the buyer (as per registration details provided by the Buyer)
  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  • Refund shall be conditional and shall be with recourse available to Timetocart in case of any misuse by buyer.
  • Refund shall be subject to buyer complying with policies.
  • Timetocart reserves the right to impose limits on the number of transactions or transaction price which Timetocart may receive from on an individual valid credit/debit/cash card/valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
  • Timetocart reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Timetocart or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
  • Timetocart may do such checks as it deems fit before approving the receipt of/buyers commitment to pay (for Cash On Delivery transactions) Transaction price from the buyer for security or other reasons at the discretion of Timetocart. As a result of such check if Timetocart is not satisfied with the creditability of the buyer or genuineness of the transaction / transaction price, it will have the right to reject the receipt of / buyers commitment to pay transaction price.
  • Timetocart may delay notifying the payment confirmation i.e. informing seller to dispatch, if Timetocart deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Timetocart may hold transaction price and Timetocart may not inform seller to dispatch or remit transaction price (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
  • The buyer and seller acknowledge that Timetocart will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction Price or any delay in processing a transaction/transaction price which is beyond control of Timetocart.
  • Buyer and seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and Timetocart website.
  • All credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  • All online bank transfers from valid bank accounts are processed using the gateway provided by the respective Issuing bank which supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between buyer and the respective Issuing bank.

17.        DELIVERY

Your shipping address, pin code will be verified with the database of Timetocart before you proceed to pay for your purchase. In the event case your order is not serviceable by our delivery partners or the seller or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/seller's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Timetocart, in such cases Timetocart will not be responsible for the non-delivery of the product. Timetocart doesn't deliver items internationally. However, you can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.

In case you book multiple orders for the products and services in one transaction, Timetocart would endeavour to ship all products together. However, this may not always be possible due to some product characteristics and/or logistics' issues. If you purchase multiple products in single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses.

18.        INSPECTION OF ITEMS

Buyers must inspect any item purchased from a seller immediately upon receipt to ensure that it accords with any description given by the seller in the item's listing and to ensure that the product is safe.

19.        CUSTOMS

When ordering products from Timetocart for delivery outside of the India you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Timetocart, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international buyers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

20.        INTELLECTUAL PROPERTY RIGHTS

Timetocart reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the site and the service. Any goodwill accruing out of the use of Timetocart's and its affiliates' trademarks, trade and business names and service marks under this User agreement will vest in Timetocart and its affiliates, as the case may be.

Intellectual property rights for the purpose of this agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights.

All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Timetocart as the owner of such domain name. The parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of user and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors as the case may be.

The website, the processes, their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds, music, video (if any), artwork and computer code on the website is owned and controlled by Timetocart and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws and various other intellectual property rights. The trademarks, logos and service marks displayed on the website are the property of Timetocart or their sellers or respective third parties. You are not permitted to use any of them without the prior consent of Timetocart, the seller or the third party that may own them.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Timetocart owns all intellectual property rights to and into the trademark, and the website, including, without limitation, any and all rights, title and interest in and to copyright related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.

Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from Timetocart or thirty party owner of such content.

It is hereby specifically recorded that the copyright and other Intellectual property in the ebook available on the website is the sole and exclusive property of third parties. We are authorised by such third parties to upload the ebook on the website for license of use to the end buyers. Your request to download an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The license to downloaded eBooks includes only those rights explicitly stated herein, and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies, or to use the ebook in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

It is hereby specifically recorded that the copyright and other Intellectual property in the music available on the website is the sole and exclusive property of third parties. Your request to download a music file is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

21.        TRADEMARK, COPYRIGHT AND RESTRICTION

This site is controlled and operated by Timetocart and products are sold by respective sellers. All material on this site, including images, illustrations, audio clips and video clips are protected by copyrights, trademarks and other intellectual property rights. Material on website 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 website 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.

Except as expressly indicated to the contrary in any applicable additional Terms, Timetocart hereby grants you a non-exclusive, freely revocable, non-transferable access to view, download and print product catalogues or any other materials available on the website, subject to the following conditions:

  • you may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use
  • you may not modify or alter product catalogues or any other materials available on the website
  • you may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the website to others
  • you may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the website.
  • you agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you access on the website.

The rights granted to you in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the website. Such elements of the website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the website may be copied or retransmitted unless expressly permitted by Timetocart.

Any software that is available on the website is the property of Timetocart or its sellers. You may not use, download or install any software available at the website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Timetocart. Any purchase of the merchandise or services from the website will be strictly for personal use of the user. The user hereby expressly agrees that any merchandize or services purchased by the user will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The user hereby acknowledges that the services or merchandize purchased is not transferrable to any third party for profit.

22.        INTELLECTUAL PROPERTY VIOLATIONS

  • Products offered for sale on Timetocart must be authentic. Any product that has been illegally replicated, reproduced or manufactured is prohibited.
  • All items offered for sale on Timetocart must be commercially produced and authorized or licenced for sale as a retail product.
  • Genuine branded goods that infringe upon a rights owner’s territorial rights within the India are prohibited.
  • Media transferred from one format to another is prohibited. This includes but is not limited to films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
  • Promotional versions of media products, including books (advance reading copies and uncorrected proofs), music and videos (screeners) are prohibited. These products are distributed for promotional consideration and generally are not authorised for retail distribution or sale.
  • Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes product endorsements and use of a celebrity's likeness on merchandise such as posters, clocks, image collections in digital format, and so on.
  • Media products (books, films, CDs, television programmes, software titles, videogames, and so on) that have been recopied, dubbed, duplicated, or transferred without permission of the rights holder are illegal to sell and are prohibited. This includes:
  • Unauthorised copies of books are prohibited.
  • Bootlegs, unauthorised live concerts, unauthorised soundboard recordings, unauthorised merchandise etc. are prohibited.
  • Unauthorised copies of films in any format are prohibited. Unreleased/pre-released movies, screeners, trailers, unpublished and unauthorised film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
  • Unauthorised copies of photos are prohibited.
  • Unauthorised recordings or copies of recordings of radio programmes are prohibited.
  • Recopied or duplicated software in any format is prohibited. Academic, OEM, back-up, fulfilment, promotional, beta (prerelease), unauthorised freeware/shareware, and "softlifted" versions of software are prohibited.
  • Unauthorised copies of television programmes (including pay-per-view events), programmes never broadcast, unauthorised scripts, unauthorised props and screeners are prohibited.

Video games sold on Timetocart must be full retail versions. Recopied and transferred video games are prohibited. Mod chips, silver disks, video game emulators, Sega boot disks, game enhancers, unauthorised video game compilations, unauthorised bundles of video game products, and unauthorised accessories are also prohibited.

23.        LINKING AND FRAMING

Despite anything else contained in this agreement, you must ensure that each link (graphical, text or otherwise) to the site posted or maintained on any location by you or on your behalf, conveys users directly to the site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of the site as seen by users linking to the site to be different from that seen by users who access the site by entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on the site.

Sellers must not include any links (graphical, text or otherwise) in any sale listing on the site, save where such links convey users directly to another location on the site, without displaying or performing any other advertisements, promotions or content (whether audio, visual, audio-visual or otherwise). Except as approved in advance in writing by Timetocart, you will not, and you will cause your affiliates not to, directly or indirectly (eg: through a Third Party (as defined below)):

sell, barter, disclose or transfer to any Third Party any data acquired by you as a result of any transaction using the service (whether this is information that pertains to the identity of a user and/or buyer, the order or referral information (here meaning any information disclosing that a buyer purchased a product through the site, and/or any other personally identifiable information regarding any user and/or buyer), or permit any Third Party to have access to the same;

  • send to any user or buyer of the service any non-electronic direct-mail marketing that promotes or advertises anyone (including you and your affiliates);
  • send to any user or buyer of the service any electronic communication except as necessary to complete any buyer's transaction or to respond to a buyer service enquiry made by such buyer concerning such transaction;
  • use any domain name (or any part of it) on the site and/or otherwise in any communications that you have with any user of the service and/or any buyer (by way of example but not limitation, you should not use "www" ".com", ".co.uk" or similar domain name identifiers);
  • include in any communication made or authorised by you with any user of the service and/or any buyer including, without limitation, in any order (including the packaging of the order and any promotional pieces, invoices and alike sent with it), order confirmation and/or other communication made in connection with the fulfilment of a transaction:
  • any offer from or reference to any Third Party and/or any link or reference to any website other than the site (or otherwise seek to direct any person to any website other than the site), except that you may include in any communication to a buyer links or references (or otherwise direct such buyer to your website solely in connection with your fulfilment of, or as necessary to provide buyer service with respect to such applicable purchase);
  • any reference to domain names
  • target (on any basis via any means) unsolicited communications of any kind to any user of the service and/or any buyer.

24.        SOFTWARE

We may make available to you, from time to time, software or updates for your use in connection with services. You may use the software only in connection with the services on the website. you may not separate any individual component of the software for use other than in connection to the download, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the software or otherwise assign any rights to the software in whole or in part. We may discontinue some or all of any software we provide, and we may terminate your right to use any software at any time and in such event may modify it to make it inoperable. Without limiting the Disclaimer of Warranties and Limitation of Liability in this Terms of Use, in no event shall our or our and/or our sellers total liability to you for all damages arising from your use of the service, the digital content, or information, materials or products included on or otherwise made available to you through the service (excluding the software), exceed the amount you paid to purchase, on the service, the digital content related to your claim for damages.

25.        THIRD PARTY CONTENT

The website makes available general third party information such as, product catalogues, lists of authorized dealers, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources. Similar Third party content would also be available to you on the email received by you from Timetocart. The provision of Third party content is for general informational purposes only. You acknowledge that the Third party content provided to you is obtained from sources believed to be reliable. Timetocart does not provide any guarantee with respect to any the Third party content and Timetocart shall not be held liable for any loss suffered by you based on your reliance on or use of such data.

26.        CANCELLATION, REPLACEMENT & RETURNS

Please refer to Cancellation and returns policy in the site.

27.        FAILURE TO SELL

Unless due to your negligence, in the event the seller fails to complete a sale of a product or a service when presented by you with a valid coupon, you acknowledge that the seller will be solely liable to reimburse such amount as has already been paid by you for the purchase of such order. Further, you agree that Timetocart will not be held liable for failure of the seller to make available any product or service therein.

28.        INTERNATIONAL SALES

In listing an item for sale internationally, the seller may also have to comply with laws of the country in which the buyer resides dealing with, among other things, prohibitions on the sale, distribution or offering for sale of specific items. For each item you list on the site, you will provide to us the state or country from which the item ships.

29.        RESOLUTION & PROTECTION SCHEME

Please refer to Resolution policy in the site.

30.        INFRINGEMENT

Timetocart has put in place infringement identification process so that intellectual property owners could easily report listings that infringe their rights. It is in Timetocart's interest to ensure that infringing products are removed from the site, as they erode buyer’s and seller’s good trust. Timetocart does not and cannot verify that sellers have the right or ability to sell or distribute their listed products. However, Timetocart is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Timetocart. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Timetocart.

Trademark infringement

  • Trademark owner doesn't make this type of product or has discontinued the production of the product
  • Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Listing description infringement

  • Listing(s) has unlawful comparison to trademark owner's brand or product
  • Listing(s) contains unlawful use of trademark owner's logo

Copyright infringement

  • Software is being offered without any license or in violation of a license
  • Item(s) is a bootleg recording;
  • Item(s) is an unlawful copy (software, games, movies, etc.)
  • Item(s) is unlawful duplication of printed material
  • Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Listing content infringement

  • Listing(s) comprises unauthorized copy of copyrighted text
  • Listing(s) comprises unauthorized copy of copyrighted image
  • Listing(s) comprises unauthorized copy of copyrighted image and text

Timetocart respects the intellectual property of others. In case you feel that your Trademark has been infringed, you can write to Timetocart at contactus@timetocart.com.

31.        LIMITATION OF LIABILITY

IN NO EVENT SHALL TIMETOCART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold harmless Timetocart including but not limited to its affiliate sellers, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees, reasonable attorneys' fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Timetocart that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use.

Further, you agree to hold Timetocart harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights. Timetocart's entire liability to you under this Terms of Use or otherwise shall be the refund of the money charged from you for any specific voucher or product or service, under which the unlikely liability arises.

In no event shall Timetocart, its officers, directors, employees, partners or suppliers be liable to you, the seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Timetocart has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the website, services or materials.

You will be solely responsible for the security and confidentiality of your credit/ debit card details. Timetocart expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. Timetocart shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Timetocart with our acquiring bank from time to time.

Timetocart shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the seller after issue of the coupon to the user. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

32.        DISCLAIMER OF WARRANTIES & LIABILITY

The website, services and other materials are provided by Timetocart on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Timetocart makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable; (iii) the quality of the website, services or other materials will meet your expectations; or that (iv) any errors or defects in the website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Timetocart or through or from use of the services shall create any warranty not expressly stated in the Terms of Use.

To the maximum extent permitted by applicable law, Timetocart will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Timetocart also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

Timetocart will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. Timetocart has endeavoured to ensure that all the information on the website is correct, but Timetocart neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service.

Timetocart shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Timetocart shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control.

The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Timetocart is not responsible for any typographical error leading to an invalid coupon. Timetocart accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

Timetocart shall not be liable for any third party product or services. The advertisement available on email or website with respect to the third party website or the products and services are for information purpose only.

Without prejudice Timetocart does not warrant that:

• This website will be constantly available, or available at all; or

• The information on this website is complete, true, accurate or non-misleading.

Timetocart will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the website. Timetocart does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on website constitutes, or is meant to constitute, advice of any kind. All the products sold on website are governed by different state laws and if seller is unable to deliver such products due to implications of different state laws, seller will return or will give credit for the amount (if any) received in advance by seller from the sale of such product that could not be delivered to you.

TIMETOCART DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. TIMETOCART MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND TIMETOCART DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. TIMETOCART ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.

TIMETOCART SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE SELLER AND TIMETOCART SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.

TIMETOCART DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. TIMETOCART MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND TIMETOCART DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. TIMETOCART ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.

TIMETOCART SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE SELLER AND TIMETOCART SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.

THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS. TIMETOCART MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  • THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  • THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
  • THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF LISTING, LAWFUL TO SELL OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED.
  • ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
  • ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TIMETOCART TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TIMETOCART DISCLAIMS ANY AND ALL SUCH WARRANTIES.

BECAUSE TIMETOCART IS NEITHER THE BUYER NOR THE SELLER OF THE SELLER'S ITEMS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE TIMETOCART (AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

33.        INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Timetocart from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Timetocart that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these User agreement or any additional terms applicable to the purchase of products and services on the website.

In no event shall Timetocart, its officers, directors, employees, partners or sellers be liable to you, the seller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Timetocart has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your purchase of the products and services herein. Notwithstanding anything to contrary, Timetocart's entire liability to you under this User agreement or otherwise shall be the refund of the money charged from you for any specific coupon or product or service, under which the unlikely liability arises.

Timetocart shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the seller after issue of the coupon to the user.

TO THE FULLEST EXTENT PERMITTED AT LAW, TIMETOCART WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT--INCLUDING NEGLIGENCE, OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE USER AGREEMENT, THE SITE, THE SERVICE, THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR REWIEW OR RATINGS POSTED TO THE SITE OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, WHETHER OR NOT TIMETOCART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

DESPITE ANYTHING ELSE CONTAINED IN THIS AGREEMENT, NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.

34.        VIOLATION OF THE TERMS OF USE

You agree that Timetocart may, in its sole discretion and without prior notice, terminate your access to the website and block your future access to the website if Timetocart determines that you have violated these Terms of Use or additional terms. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Timetocart, for which monetary damages would be inadequate, and you consent to Timetocart obtaining any injunctive or equitable relief that Timetocart deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Timetocart may have at law or in equity.

You agree that Timetocart may, in its sole discretion, and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or content modification of the website or any service offered on or through the website; or (4) unexpected technical issues or problems.

If Timetocart does take any legal action against you as a result of your violation of these Terms of Use, Timetocart will be entitled to recover from you and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Timetocart. In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the website, please report to customer support.

You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website) 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.

We can disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

35.        GENERAL PROVISIONS

This agreement incorporates by this reference all terms, conditions, policies and other information on the site concerning the site or the service, including but not limited to the Privacy policy and Terms of Use and constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

Timetocart is not your fiduciary or trustee. Nothing expressed or mentioned in or implied from this agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this agreement. This agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Timetocart and its affiliates, you, and relying buyers or sellers.

If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Timetocart's failure to enforce the strict performance of any provision of this agreement will not constitute a waiver of Timetocart's right to subsequently enforce such provision or any other provisions of this agreement. Timetocart reserves the right to change any of the terms and conditions contained in this agreement or any policies governing the site or service at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the site. All notice of changes to this agreement will be posted on the site for thirty days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.

YOUR CONTINUED USE OF THIS SITE AND THE SERVICE FOLLOWING TIMETOCART'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THE SERVICE OR THIS SITE.

36.        TERMINATION

Timetocart may, in its sole and absolute discretion, terminate this User agreement, access to the site or the service, or any current sales immediately without notice for any breach of any of the terms of this User agreement. Seller may terminate using the service at any time by giving notice to Timetocart. Timetocart may terminate the seller's use of service at any time by giving notice to the seller. Upon termination, all rights and obligations of the parties under this User agreement will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to such termination for items listed by seller using the service, including, without limitation, any fees incurred and any other liabilities.

The Terms of Use will continue to apply until terminated by either you or Timetocart as set forth below. If you want to terminate your agreement with Timetocart, you may do so by (i) not accessing the website; or (ii) closing your accounts for all of the services that you use, where Timetocart has made this option available to you.

Timetocart may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual additional terms) with you if:

  • you breach any of the provisions of the Terms of Use, the Privacy policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same);
  • Timetocart is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful);
  • The provision of the services to you by Timetocart is, in Timetocart's opinion, no longer commercially viable;
  • Timetocart has elected to discontinue, with or without reason, access to the website, the services (or any part thereof)

Timetocart may also terminate or suspend all or a portion of your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of your account may include: (i) removal of access to all offerings within the website or with respect to the services; (ii) deletion of your materials and account Information, including your personal information, login ID and password, and all related information, files and materials associated with or inside your account (or any part thereof); and (iii) barring of further use of the services.

You agree that all terminations shall be made in Timetocart's sole discretion and that Timetocart shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account Information), or your access to the website and services.

The Terms of Use will survive indefinitely unless and until Timetocart chooses to terminate them. If you or Timetocart terminates your use of the website, Timetocart may delete any content or other materials relating to your use of the website and Timetocart will have no liability to you or any third party for doing so.

37.        WAIVER

If you breach these User agreement and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these User agreement.Any failure by Timetocart to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Timetocart of that provision or right.

38.        PROFANITY, ABUSE & THREAT POLICY

Timetocart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on seller pages and all other areas of the site that another user may view. If the profane words are part of a title for the item being sold, we allow sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

  • Report offensive display names
  • Report offensive language in a listing, product description, etc.

If a feedback comment; or any communication made between users on the website; or email communication between users in relation to transactions conducted on website contain profanity, please submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a user's account, temporary suspension, or a formal warning. Timetocart will consider the circumstances of an alleged policy violation and the user's trading records before taking action. Violations of this policy may result in a range of actions, including limits placed on account privileges, loss of membership or account suspension.

Private communication, including email correspondence, is not regulated by Timetocart. Timetocart encourages its users to be professional, courteous and respectful when communicating by email. However, Timetocart will investigate and can take action on certain types of unwanted emails that violate Timetocart policies.

Some instances:

  • Threats of bodily harm - Timetocart does not permit users to send explicit threats of bodily harm. Timetocart policy prohibits user-to-user threats of physical harm via any method including, phone, email and on our message boards.
  • Misuse of Timetocart system - Timetocart allows users to facilitate transactions through the Timetocart system, but will investigate any misuse of this service.
  • Spoof (Fake) email - Timetocart will never ask you to provide sensitive information through email. In case you receive any such email, you are requested to report the same to us through 'Contact Us' tab.
  • Spam (Unsolicited Commercial email) - Timetocart's spam policy applies only to unsolicited commercial messages sent by Timetocart users. Timetocart users are not allowed to send spam messages to other users.
  • Offers to buy or sell outside of Timetocart - Timetocart prohibits email offers to buy or sell listed products outside of the Timetocart website. Offers of this nature are a potential fraud risk for both buyers and sellers.

Violations of this policy may result in a range of actions, including but not limited to:

  • Limits on account privileges
  • Account suspension
  • Cancellation of listings
  • Loss of membership and special privileges
  • Ban on the use of website and services

39.        AMENDMENTS

We reserve the right to make changes to our website, policies and terms and conditions, including these User agreements at any time. You will be subject to the terms and conditions, policies and User agreement in force at the time that you order products from us, unless any change to those terms and conditions, policies or these User agreements is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these User agreements is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

40.        JURISDICTION

Unless otherwise specified, the material on the website is presented solely for the purpose of sale in India. Timetocart make no representation that materials in the website are appropriate or available for use in other locations/countries other than India. Those who choose to access this site from other locations/countries other than India do so on their own initiative and Timetocart is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Kollam, Kerala, India.

41.        COMMUNICATIONS AND FEEDBACK

You will be required to enter a valid phone number while placing an order on the website. You hereby expressly agree to receive communications by way of SMS, emails from Timetocart relating to services provided through the website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

A user can unsubscribe/ opt-out from receiving communications (newsletters, etc) from Timetocart through email anytime by clicking on the unsubscribe option attached at the bottom of it received through email.

Any feedback you provide to this website shall be deemed to be non-confidential. Timetocart shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Timetocart is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Timetocart may have something similar to the feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Timetocart for the feedback under any circumstances.

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.

42.        REQUESTS TO REMOVE CONTENT

In special cases, you can ask for content to be removed from www.timetocart.com, eg if it breaches copyright laws, contains sensitive personal data or includes material that may be considered obscene or defamatory. Please contact us by giving the web address (URL) of the content you’d like removed and why. We’ll acknowledge your request and let you know what’s going to happen. Unpublishing is at our discretion in discussion with the department or agency responsible for the content. This policy doesn’t affect your statutory rights to request information.

43.        NOTICES

Notices can be sent to you at the email address you provided to Timetocart or posted on the site. You may send notices to Timetocart by contacting us.

44.        CONTACT US

Please contact us for any questions or comments regarding this website. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Mr Jimson Joseph

Email: contactus@timetocart.com

Monday - Saturday (9:00 - 17:00)