Terms of Service
The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to Plus Kart and the terms “Visitor” “User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website www.shivanshtechnology.com Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and/or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re- appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
GENERAL TERMS
The headings of each section in these Terms or Privacy Policy are only to organize the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the Platform. The use of this Platform by the Users is solely governed by these Terms, Privacy Policy and as well as other policies that may be uploaded on the platform the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Firm, from time to time, at its sole discretion. If you as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy, and such other policy as that may be available and applicable on the Users of the Platform.
The User expressly agrees and acknowledges that these Terms and Policies are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and/or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
REGISTRATION
For every service provider, there is an online registration that the service provider shall register himself on, and further, he shall provide certain information that the Firm shall request through the platform to be registered.
ELIGIBILITY
The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms following the Law.
The Users further represent that they will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.
Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.
INDEMNITY
The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, and their respective directors, officers, employees, and agents (collectively, “Parties”), from and against any 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 us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:
User’s use of the Platform,
User’s violation of these Terms and Conditions;
User’s violation of any rights of another;
User’s alleged improper conduct according to these Terms;
User’s conduct in connection with the Platform;
The user agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Firm.
In no event shall the Firm be liable to compensate the User 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, and whether or not the Firm/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation,
- accessing data not intended for such user or logging into a server or account which the user is not authorised to access,
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”,
- sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and/or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material
- that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.shivanshtechnology.com or their breach of the terms.
LIABILITY
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to director/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.