User Agreement

Last updated: June 12, 2016

1. USER AGREEMENT

Welcome to Timetocart ("Timetocart", "its", "we", "us", "our") online marketplace on Timetocart.com (the "site"). Any person who wants to access the site to buy or sell goods or services ("items") or to use the other features and services must accept the terms and conditions of this User agreement without change.

BY PRESSING THE "ACCEPT" BUTTON DURING REGISTRATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

In particular, you acknowledge that you have read and understood the clauses in this User agreement relating to disclaimer of warranties, limitation of liability, protection and use of your personal data, your consent to the publication of review and ratings about your performance on the site and the manner in which Timetocart may make changes to this User agreement.

2. OUR ROLE

The website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by Timetocart's various affiliates/ registered sellers/service providers. The services are offered to the users through various modes which shall include but not be limited to, sale of coupons that can be redeemed for various products and services, sale of products etc.

Timetocart is not the agent of the seller. Accordingly, the contract formed at the completion of a sale is solely between buyer and seller. The enforcement of any contractual obligations arising out of the completion of a transaction using the service is the responsibility of the buyer and seller that are party to that transaction. Timetocart is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Because Timetocart wants you to have a safer buying experience, Timetocart provides the Timetocart guarantee, but otherwise buyers and sellers use the site and the service at their own risk.

Timetocart provides a venue for sellers and buyers to negotiate and complete transactions in accordance with the provisions of this User agreement. Subject to the terms of this User agreement, the seller will resolve any subsequent dispute directly with the buyer or under the Timetocart guarantee. The Sellers are the sellers of products and services on the website and will be solely responsible to you for the products sold or for redemption of any coupon purchased by you through the website. While Timetocart helps facilitate transactions that are carried out using the service, Timetocart is neither the buyer nor the seller of the Seller's items. Timetocart is not an auctioneer.

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. 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 and vouchers 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.

6. SALES

Under the service, items are offered by sellers for sale at a fixed price. Unless otherwise agreed by us with the seller in advance in writing, the price of any items sold using the service (including the applicable delivery charge) are displayed inclusive of any customs, import, export, and excise duty, VAT and other taxes which may be applicable and sellers may 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.

For items listed for sale using the service, sellers may only charge buyers a fixed delivery charge and such a charge will be priced in accordance with the marketplace delivery charge schedule in effect from time to time. Delivery charges will be displayed on the check-out page.

7. COUPONS

In furtherance of the services provided and the eligibility criteria stated under the Terms of Use located at the homepage 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.

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, DVD, USB stick, etc), 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. PRODUCT

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 company's 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 buyer.

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.

10. 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.

11. PROHIBITED ITEMS

Any user may list an item for sale on the site subject to this agreement and our policies. Products sold on the Timetocart website must adhere to all applicable laws. As sellers are legally liable for their actions and transactions, sellers must know the legal parameters surrounding any product they offer for sale on Timetocart. This includes the sale of products by individuals outside of India. The following items must not be listed on the site by sellers or purchased by buyers:

Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;
Images that portray nudity in a gratuitous or graphic manner are prohibited including pornographic material;
- Items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
- Listings that are intended wholly or mainly as "portals" to commercial or private websites for the purposes of advertising, or that offer contact information for non-Timetocart offers, particularly those with non-Timetocart ordering tools or information are prohibited.
- Listing of products that are made available by digital download, including "codes" that can be used to access content on other websites or platforms.
- All toys and electrical equipment must be CE marked. All toys and electrical equipment, whether new or used, must be safe (that is, there is no risk that the equipment will cause death, personal injury or damage to property) and, where applicable, come with an Indian standard three-pin plug. You must have used and refurbished electrical equipment tested by an expert prior to listing to verify that it is safe. You must not list any product that has been the subject of a product safety recall, regardless of branding. Products not meeting these requirements are prohibited.
- Electronic cigarettes (including e-shisha and e-hooka cigarettes), herbal cigarettes and herbal smoking mix are prohibited if they contain tobacco or nicotine. Other nicotine-based products are prohibited unless approved by the appropriate Medical Agency as aids to smoking cessation. Any tobacco-based product is prohibited.
- Living animals, parts or products from regulated or endangered plant or animal are prohibited.
- Prescription only medicines, pharmacy only medicines and medicines containing aloxiprin, aspirin, paracetamol or ibuprofen are prohibited.
- Intoxicating liquor and tobacco (except where the seller is properly licensed under applicable law) and home-made alcoholic beverages;
- Stolen goods;
- Items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right (e.g.: pirated software, CDs, videos and DVDs, OEM software and so on).
- Items whose sale, distribution or offering for sale is prohibited by any applicable law;
- Items whose sale is subject to export restrictions (e.g: encryption software);
- Firearms and ammunition; Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);
  - Prescription and cosmetic contact lenses.
  - Certain types of plants, seeds and other plant material are prohibited or regulated to ensure they are safe for pets, humans and the environment. You should seek advice from appropriate government authorities before exporting, importing, receiving or transporting such agricultural or plant material and selling seed as marketing regulations apply and licensing may be required. The appropriate authority is the Department of Agriculture in the India.
  - products that in our discretion are to be excluded from listing and/or sale using the service.

12. PROHIBITED ACTS, SECURITY MEASURES

Sellers must:

sell all items on his or her own account and must not represent that he or she is selling on behalf of any third party;
not use the service or the site in the contravention of any applicable law nor permit or assist others to do so.

As a security measure, we may, but are not required to, impose transaction limits on some or all buyers and sellers relating to the value of any transaction, disbursement or adjustment, the cumulative value of all transactions, disbursement or adjustment, during a period of time, or the number of transactions per day or other period of time.

13. ORDER INFORMATION

Each sale of an item agreed via the site is recorded in the relevant seller's Timetocart seller account using our standard procedures. The seller may access the seller's transactions feature in the Timetocart seller account only with a browser that is compatible with the service, including any security features that are a part of the service. Seller waives any right it may have to assert a claim against Timetocart with respect to the site and the service (including, without limitation, to protection under the Timetocart scheme) when dispatching an item to an address other than the address provided in respect of that item in the Timetocart seller account.

14. 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 email 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 email 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.

All prices are inclusive of legally applicable VAT.

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.

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.

15. GRANTS OF LICENCE

By entering into this User agreement and listing an item, you grant Timetocart and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise all copyright, database rights and rights of publicity over the material displayed in your listings or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing or future media, known or unknown, now or at any later date.

Timetocart grants you limited non-transferrable license to each User to make personal use only of the site and the service in accordance with this User agreement. This license expressly excludes, without limitation: any resale or commercial use of the site and the service; modifying, distributing, copying, republishing or making any derivative of the site or the service, collection and use of user email addresses or other user information, ratings, review or listings or any data extraction or data mining whatsoever.

16. RESERVATION OF RIGHTS

Timetocart retains the right to, if it considers it appropriate to immediately halt any sale, prevent or restrict access to the site or the service or take any other action to restrict access to or availability of or remove any objectionable material, review, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the site under this User agreement. Timetocart reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable.

Without prejudice to generality of the rights and to any other rights that Timetocart may have in this User agreement, Timetocart reserves the right to refuse listings or to immediately remove any listings where Timetocart objects to how you identify yourself on the site (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name.

Each user, whether or not he or she is currently a buyer or seller, agrees that Timetocart shall be entitled to retain for itself the interest, if any, paid on balances in all its bank accounts, notwithstanding that some of that interest may be attributable to the time taken for the exercise of the rights, and the performance of the obligations, under this User agreement.

17. DELIVERY OF THE PRODUCT

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 merchant 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/merchant'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.

In case you book multiple orders for the products and services in one transaction, Timetocart would endeavor 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. INTELLECTUAL PROPERTY

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 users. 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.

19. 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.

20. 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.

21. 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 (e.g.: 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 customer 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 customer 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.

22. SELLER'S OBLIGATIONS

By listing a product, you represent a warrant to prospective buyers that:

you are the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims, liens or encumbrances
the listing is accurate, current and complete and is not misleading or otherwise deceptive

Unless we have agreed with you in advance and in writing to the contrary, you represent and warrant to Timetocart that you are a business, duly organized, validly existing and in good standing under the laws of the state or country in which your business is registered. In any event, you represent and warrant to Timetocart that:

the item is not one that would fall within any of the prohibited items
the item is safe and bears any marking and labelling required under applicable law e.g. a "CE" mark.

You will ensure that the customer service you provide and each other non-price term on which you offer or sell an item on or through the site are at least as favourable to buyers as the most favourable customer service and other corresponding terms offered by you or your affiliates for that item on or through any sales channels and other means (other than physical stores) through which you or your affiliates offer or sell products, including without limitation online channels, mobile device applications, catalogues, third party platforms or marketplaces, and other electronically-enabled channels.

For all of your products that are not fulfilled using the Timetocart service, you will accept and process returns, refunds and adjustments in accordance with this User Agreement and the Timetocart return policies published on the site at the time of the applicable order, and we may inform buyers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with purchases, using functionality we enable for your account, and will route all such payments through Timetocart. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Timetocart to Seller under this agreement or seek reimbursement from you via any of the means authorized in this User agreement.

For all of your products that are fulfilled using the Timetocart service, the Timetocart return policies published on the site at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Timetocart return policies and as required by law, and in no case later than thirty days after the obligation arises.

You will ensure that all content and other information you provide to us regarding each item you offer or sell on or through the site are of at least the same quality, completeness, and accuracy as the highest quality and most complete and accurate content and other information displayed or used by you or your affiliates for that item on any other sites.

You further warrant that the sale or distribution of the item is not in breach of applicable law (including, where items are sold internationally, the law of the destination country). This responsibility includes, but is not limited to, ensuring that

any items sold are safe;
any items sold bear a "CE" or any other mark where required by applicable law;
any items sold are appropriately packaged and labelled as required by applicable law;
any items sold otherwise comply with all applicable law regarding their sale.

You will audit the products that you sell on a regular basis (at least monthly) to ensure on-going compliance with this obligation. You will also advise the buyer of any age or other restrictions that apply to the sale of any products that you sell. Timetocart makes no representations that items appearing on the prohibited items may be sold or distributed or offered for sale under applicable law.

Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the seller. Furthermore, seller shall ensure that invoices state "Powered by Timetocart" and failing to do so seller will be liable for chargebacks.

23. FAILURE TO SELL BY THE SELLER

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.

24. SELLER'S FEE, PAYMENT, REFUNDS, ADJUSTMENTS AND RESERVE

By listing an item on the site for sale, you agree to pay the fees set out by us. We may, in our sole and absolute discretion, waive, reduce, or reverse charges or fees for a specific transaction.

All fees are in Indian Rupees and are exclusive of VAT, unless stated otherwise. The fee may vary in the future. The Fee Schedule in effect at the time of the order processing regarding the relevant item will govern the transaction. You should check the fees and terms each time you participate in a sale. All fees are payable upon demand (except for subscription fees which are due periodically without demand). By listing an item for sale on the site, you authorise Timetocart to charge your credit /debit card or, where applicable, to debit your Timetocart seller account, for all and any amounts due in the manner and at the times set out in the Fee Schedule.

The seller fees are subject to VAT where applicable and will be paid by the seller at the time of payment of the corresponding fees. In order for you to not be charged VAT by Timetocart, you must provide Timetocart with a valid VAT registration number from your tax authority, or evidence that you are in business, and you must agree to and acknowledge the conditions set out below:

You warrant and represent that the VAT registration number you submit to Timetocart belongs to the business you operate, and that business is established in India;
You warrant and represent that all transactions on your Timetocart seller account will be business-related transactions made by the business associated with the VAT registration number, or the evidence of being in business, you submit to Timetocart;
You warrant and represent that the VAT registration number, or the evidence of being in business, and all other information provided by you is true, accurate and current and you will immediately update any such information held by Timetocart in case of any changes;
Timetocart reserves the right to request additional information and to confirm the validity of your Timetocart Seller Account information (including your VAT registration number) from you or government authorities and agencies as permitted by law and you irrevocably authorise Timetocart to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to Timetocart upon request.
Timetocart reserves the right to charge you any applicable unbilled VAT if you provide a VAT registration number, or evidence of being in business, that is determined to be invalid. You irrevocably authorise Timetocart to debit your credit card for any such unbilled VAT.
If you are a business that is established in India and you provide Timetocart with your valid VAT registration number, you agree to accept electronic VAT invoices in a format and method of delivery as determined by Timetocart.

Sellers shall not invoice buyers off the site, and all seller-initiated refunds or adjustments for purchases made via the site must be initiated by the sellers via their Timetocart seller account, using functionality we enable for your seller account. This functionality may be modified or discontinued by us at any time without notice and is subject to the limitations. You will not send buyers emails concerning shipping confirmation of products you sell (except that to the extent we have not yet enabled functionality for your account that allows payment to be processed on the basis of when shipment occurs, then you will send buyers emails confirming shipment of products you sell in a format and manner reasonably acceptable to us).

We will provide such refunds or adjustments to the buyer (which may be in the same payment form originally used to purchase your product via the site) and you will reimburse us for all amounts so paid.

The amount due and payable to each seller under this User agreement at any time shall be the total amount paid by buyers for the seller's items since the seller last received payment via the service for the seller's items ordered on the site, less

any fees due to Timetocart;
any refunds, adjustments, or other amounts paid to buyers;
any refunds due to buyers;
any other amounts owed by seller to Timetocart;
any further amount maintained by the seller as a reserve.

The amount due shall be paid to the seller's designated bank account with a bank located in the India or any other country shown as supported by our standard functionality (which may be modified or discontinued by us at any time without notice) on a business day when the automated clearing houses are open for business (Monday through Friday, excluding public holidays). On occasion, payment may be by paper cheque sent to the seller's postal address, for instance, if the seller's bank will not accept an electronic transfer to the seller's bank account.

A payment made by a buyer in respect of a particular item will not be due or payable to a seller (or if paid, shall be reimbursed by the seller to us), and we will not be liable to the seller if:

we, in our sole and absolute discretion,
- decide to pay the buyer in relation to that item under the terms of the Timetocart guarantee;
- determine that the seller cannot promptly deliver the item or the seller has otherwise breached the provisions of this User Agreement and we initiate a refund to the buyer;
- do not permit a transaction or disbursement to proceed where any limit established by us for a security reason would be exceeded;
- permit a buyer to withdraw from a transaction because the service is unavailable following the commencement of a transaction;
- we discover the payment is erroneous or relates to a duplicate transaction;
- the payment is the subject of a chargeback from the buyer's credit card issuer or bank.

Where reimbursement by the seller is required, without notice to the seller we may obtain such reimbursement by

deducting the amount from the seller's reserve or
any future payments that would otherwise have been owed to the seller or
reversing any transfer to the seller's bank account or
charging the seller's credit card or
seeking such reimbursement from the seller by any other lawful means.

In the event that we elect not to recover from the seller a buyer's chargeback, failed payment, or other payment reversal, we will assume the debt associated with the payment failure and the seller irrevocably assigns to Timetocart all rights, title and interest that the seller has in and associated with that debt.

In order to secure the seller's performance of the potential refund and reimbursement obligations, the seller agrees to maintain at all times a pending payment amount equal to the sum of the immediately preceding 14 days of sales activity and any pending deductions (a "Reserve").

Timetocart may require a higher reserve, or allow a lower reserve, as it may determine in its sole and absolute discretion having regard to the rate of chargebacks, refunds, adjustments or other indicators of performance problems related to the seller's use of the service, or as may be imposed by any payments processor. In order to help maintain the reserve, payments may be made to the seller's bank account on a rolling 14 day cycle, based on the original date of the seller's registration, or on the next business day if the scheduled payment date falls on a non-business day.

If the seller requests a change to the scheduled payment date, the 14 day cycle will be reset to the requested payment date. When the seller initially provides or later changes his or her seller's bank account information, the seller must wait 14 days to request a transfer to that seller's bank account within the 14-day cycle. Subject to the foregoing, after an initial 14 days of sales activity, the seller may request transfers to the seller's bank account at any time within the 14 day cycle.

We will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a buyer's authorized credit card payment, and seller will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any of seller's products (except those products, if any, that are fulfilled using the fulfilment by Timetocart service) that are not fulfilled strictly in accordance with the order information and shipping information that we provide you.

Notwithstanding the provisions, if we reasonably conclude, based on information available to us, that seller's actions and/or performance in connection with the service may result in disputes, chargebacks or other claims, then we may in our sole and absolute discretion delay initiating any remittances and withhold any payments to be made or that are otherwise due to seller in connection with the service or this agreement for the shorter of:

a period of 90 days following the initial date of suspension; or
completion of any investigation(s) regarding any seller actions and/or performance in connection with this agreement.

All notices will be sent by email or will be posted on the site. We will send notices to the seller at the email address maintained in Timetocart’s records for the seller. The seller will monitor his/her email messages frequently to ensure awareness of any notices sent by us. The seller will send notices to us at our current email address published on our site. Email notices are deemed written notices for all purposes for which written notices may be required. Email notices are deemed received the business day after transmission if properly addressed to the intended recipient. If not sent by email, notice to be sent from within the India may be provided in writing and mailed with Indian registered mail. Notices to be sent from outside the India may be sent by a carrier and method equivalent to Indian registered mail. Mail is properly addressed if sent by us to the address maintained in our records for the seller. Registered mail is properly addressed if sent by the seller to the current address published by us on our site. Mail is deemed received three business days after it is deposited with India post. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.

25. PROCEDURES AND GUIDELINES

You agree to abide by the terms for conducting sales, which are incorporated by reference into, and made part of, this User agreement. We may change these procedures and conditions in the future and you should refer regularly to understand the current procedures and conditions for using and to be sure that the items you offer for sale can be sold on the site.

For each item you list on the site, you will provide to us the state or country from which the item ships. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information publicly available. You will not send buyers emails concerning shipping confirmation of products you sell (except that to the extent we have not yet enabled functionality for your account that allows payment to be processed on the basis of when shipment occurs, then you will send buyers emails confirming shipment of products you sell in a format and manner reasonably acceptable to us).

Promptly after shipment of a buyer's order (or any portion of the buyer's order), you will accurately inform us that the order has been shipped (and, in the case of a buyer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you. If you fail to provide confirmation of shipment within the time frame specified by us (e.g., 30 days after the date an order was placed), we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us.

You will comply with any instructions from the manufacturer, distributor and/or licensor of a product regarding street date for delivery (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which such product should not be delivered or otherwise made available to buyers) or the street date for disclosure (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly).

26. 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.

27. CUSTOMS

When ordering products from Timetocart for delivery outside of 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.

28. VAT AND OTHER TAXES ON THE SALE OF GOODS AND/OR SERVICES BY SELLERS

You agree that it is the seller's responsibility to determine whether VAT, customs, import or export duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing, the price stated by any seller for any goods or services offered on the site is inclusive of any VAT, customs, import or export duty, excise tax or other tax that the seller may be required to remit in connection with such sale. You also agree that Timetocart is not obliged to determine whether VAT or other taxes apply to any sale of any goods or services by a seller to a buyer on the site and is not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale.

29. PAYMENTS

A buyer must pay via the service for an item purchased via the site, with any major credit or debit card accepted on the site under the Terms of Use and Privacy policy published on the site at the time of order processing. After the credit or debit card charge is approved, and the buyer's order is confirmed to the seller, the seller is obliged to dispatch the item sold in accordance. The buyer will resolve any dispute directly with the seller or under the Timetocart guarantee. Sellers shall not invoice buyers, and buyers must not accept seller's invoices, off the site. All refunds for purchases made via the site must be initiated by the sellers and may only be accepted by buyers via the site.

Timetocart sets limits on the amount and number of transactions completed through the service during a set time period for both buyers and sellers. For security reasons, Timetocart does not disclose these time limits. These limits are different from the credit limits set by your credit/debit card issuer.

Although Timetocart does not currently charge buyers any fees to use the service and the site, it reserves its right to do so in the future.

30. 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.

31. PRIVACY

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. By using the service and the site, you consent to the collection and use of your personal data by Timetocart in the manner set out in the Privacy policy. 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.

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. 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.

32. RATINGS AND REVIEWS

Users may leave review ("Review") on other users relating to the other user’s performance in buying or selling items on the site and using the service. Further, buyers and sellers only may rate each other's performance in relation to a sale using a star rating system ("Rating"). You acknowledge and accept that your review and rating will be publicly available for viewing on the site. Timetocart is not responsible for checking or editing the review or ratings on the site.

When submitting review and ratings, you must comply with the Terms of Use and Privacy policy. You agree to indemnify and hold harmless Timetocart and its affiliates (and their respective employees, directors and representatives) against any claim or action brought by a third party, arising out of or in connection with any review or ratings left by you on the site.

YOU CONSENT TO THE PUBLICATION OF, AND AUTHORISE TIMETOCART TO PUBLISH, REVIEW AND RATINGS EVEN THOUGH SUCH REVIEW OR RATINGS MAY BE CRITICAL OR DEFAMATORY OF YOU AND EVEN THOUGH TIMETOCART MAY BE AWARE OR OUGHT REASONABLY BE AWARE THAT SUCH REVIEW OR RATINGS CAUSED OR CONTRIBUTED TO THE PUBLICATION OF A STATEMENT THAT IS DEFAMATORY OF YOU. YOU RELEASE TIMETOCART FROM AND WAIVE ALL RIGHTS AGAINST TIMETOCART IN RESPECT OF ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PUBLICATION OF ANY DEFAMATORY COMMENTS ABOUT YOU IN SUCH REVIEW AND RATINGS.

33. 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.

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.

34. 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.

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. 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 this User agreement 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 this User agreement 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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)