TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.BeepKart.com][www.BeepKart.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)
The Platform is owned by Beep Innovations Private Limited a company incorporated under the Companies Act, 1956 with its registered office at B-21 2nd Floor 44 Paradise Apt. Laxmibai, Jagmohandas Marg, Neapean Sea Road, Mumbai, Mumbai City, Maharashtra, India, 400026 (hereinafter referred to as "BeepKart").
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Beep Innovations Private Limited and these terms and conditions including the policies constitute Your binding obligations, with BeepKart.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. BeepKart allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Beep Innovations Private Limited.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by BeepKart Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.
Membership Eligibility
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. BeepKart reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to BeepKart's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
Your Account and Registration Obligations
If You use the Platform, You shall be responsible for maintaining the confidsentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
You agree that BeepKart shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
Communications
You agree to receive communications from the Company regarding:
information relating to transactions recorded on the Website.
requests for payment.
information about the Company and the Services
promotional offers and services from the Company and its third party partners,and
any other matter in relation to the Services.
Platform for Transaction and Communication
The Platform is a platform that Users utilize to meet and interact with one another for their transactions. BeepKart is not and cannot be a party to any transaction between the Platform's Users.
Henceforward
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. FlipkartBeepKart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and SellersAll discounts, offers (including exchange offers) are by the Seller/Brand and not by BeepKart.
Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. 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 that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
BeepKart does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. BeepKart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. BeepKart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
BeepKart is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. BeepKart cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. BeepKart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
BeepKart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
BeepKart does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
At no time shall BeepKart hold any right, title or interest over the products nor shall BeepKart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. BeepKart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. BeepKart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.BeepKart, currently, does not facilitate business to business transaction between Sellers and business customers.
[At no time shall BeepKart hold any right, title or interest over the products nor shall BeepKart have any obligations or liabilities in respect of such contract.]
BeepKart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify BeepKart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, BeepKart cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Charges
Membership on the Platform is free for buyers. BeepKart does not charge any fee for browsing and buying on the Platform. BeepKart reserves the right to change its Fee Policy from time to time. In particular, BeepKart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event BeepKart 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 Platform and such changes shall automatically become effective immediately after they are posted on the Platform. 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 toBeep Innovations Private Limited.]
Use of the Platform
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You does not have any right to
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
is misleading in any way
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual
harasses or advocates harassment of another person
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
contains video, photographs, or images of another person (with a minor or an adult)
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, BeepKart's prior written consent means a communication coming from BeepKart's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal
interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use
harm minors in any way
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
violates any law for the time being in force
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
impersonate another person
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
shall not be false, inaccurate or misleading
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms BeepKart BeepKart.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of BeepKart or sellers on platform or otherwise tarnish or dilute any BeepKart's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or BeepKart's systems or networks, or any systems or networks connected to BeepKart
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BeepKart and / or others
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force
Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. BeepKart shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect BeepKart views. In no event shall BeepKart assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform
BeepKart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services)
If you choose to browse or transact on the Platform using the voice command-based shopping feature, you acknowledge that BeepKart and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve BeepKart’s and/or its affiliates’ products and services. BeepKart’s and/or its affiliates’ use of your voice data will be in accordance with the BeepKart Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. BeepKart reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature
You acknowledge and agree that the Hindi, Telegu, Tamil, Kannada and other languages translation features are made available on the Platform on a reasonable effort basis for convenience only, without any representation or warranties by BeepKart, express or implied, including the translations being error free, their accuracy, completeness or reliability. Under the translation feature, You will have the option to adding delivery addresses in the language selected by You out of the featured languages. Such delivery addresses shall be transliterated in English language for processing, handling and fulfilling Your orders on the Platform. BeepKart expressly disclaims any liability of any nature whatsoever arising from or related to the said translation/transliteration features on the Platform. Some features and sections on the Platform may not be translated in the language selected by You [Hindi, Telegu, Tamil or Kannada language, as applicable], and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version on the Platform shall prevail. This feature may not be accessible on certain devices. BeepKart reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You
Contents Posted on Platform
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and BeepKart has no control over such third party user generated content as BeepKart is merely an intermediary for the purposes of this Terms of Use
Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without BeepKart's express prior written consent.
You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS/ AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. 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 Privacy. Our current Privacy Policy is available at Privacy. f You object to Your Information being transferred or used in this way please do not use Platform. If You object to Your Information being transferred or used in this way please do not use Platform.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
Disclaimer of Warranties and Liability
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, BeepKart does not warrant that:
The information on this Platform is complete, true, accurate or non-misleading.
BeepKart 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 Platform. BeepKart does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform 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
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We may use your personal information to initiate any promotional phone calls or SMS. Irrespective of the fact that you have also registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call for the above mentioned purposes. You may choose to opt out of the same. We might record the calls for quality and training purpose.
Selling
As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. BeepKart reserves the right to delete such multiple listings of the same product listed by you in various categories.
Services
Payment
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Further:
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render BeepKart liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on BeepKart's Platform.
You have specifically authorized BeepKart or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with BeepKart is on a principal to principal basis and by accepting these Terms of Use you agree that BeepKart is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on BeepKart's Platform that are paid for by using the Payment Facility. BeepKart does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
You understand, accept and agree that the payment facility provided by BeepKart is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the BeepKart Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, BeepKart is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate BeepKart Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to BeepKart in case of any misuse by Buyer.
We may also request you for additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
BeepKart reserves the right to impose limits on the number of Transactions or Transaction Price which BeepKart may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
BeepKart reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with BeepKart or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
BeepKart may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of BeepKart. As a result of such check if BeepKart is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, BeepKart shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of BeepKart.
BeepKart may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if BeepKart deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, BeepKart may hold Transaction Price and BeepKart may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that BeepKart will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of BeepKart.
Compliance with Laws:
As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2,00,000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and BeepKart Platform.
Buyer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
BeepKart's Replacement Guarantee*
Exchange Offers:
By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above.
I confirm that product which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said product.
You agree to indemnity and keep indemnifying BeepKart.com and any future buyer of the product against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by BeepKart.com, its affiliates or any future buyer due to usage of the product by you till date and you undertake to make good the same.
I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the BeepKart.com and any future buyer of the old product against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by BeepKart.com, its affiliates or any future buyer due to usage of the product by me till date and I undertake to make good the same.
I understand once a product is sent by me to BeepKart, in no scenario can this product be returned back to me.
I understand that the new product delivery and the old product pickup will happen simultaneously (hand in hand) and I shall keep the old product ready to be given for exchange.
Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.
Indemnity
You shall indemnify and hold harmless BeepKart, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Law
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 Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. BeepKart make no representation that materials in the Platform 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 BeepKart 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.
Trademark, Copyright and Restriction
This site is controlled and operated by BeepKart 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 Platform 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 Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
BeepKart respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to BeepKart at [email protected].
Limitation of Liability
IN NO EVENT SHALL BEEPKART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Product Description
BeepKart does not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Ms. Vincy Valliyapalath
Beep Innovations Private Limited,
B-21 2nd Floor 44 Paradise Apt. Laxmibai, Jagmohandas Marg,
Neapean Sea Road, Mumbai,
Mumbai City, Maharashtra,
India, 400026
Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
POLICIES
Profanity Policy
BeepKart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
Report offensive Display Names
Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
BeepKart will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
Limits placed on account privileges;
Loss of special status;
Account suspension.
BeepKart shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if BeepKart is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, BeepKart shall have the right to delete the customer review. BeepKart shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a refund or a replacement, BeepKart will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
The Buyer can write to [email protected] if the issue with the Seller is not resolved. BeepKart's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, a dispute can be registered.
In due course of resolution, BeepKart's Customer Support Team will facilitate a conference call including the Seller and the Buyer.
When a dispute has been raised, BeepKart may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from BeepKart for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on BeepKart are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of delivery of the product
Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with BeepKart by writing an email to [email protected]
Fraudulent charges and claims are not covered under Buyer Protection Program.
If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
In any event, the Buyer Protection Program is non-monetary as far as BeepKart is concerned. Any monetary considerations are solely between Seller and Buyer. Through the Buyer Protection program, BeepKart does not provide any guarantee/warranty to Buyers for products sold on BeepKart against technical/manufacturing defects.
Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. BeepKart shall verify the disputes so raised and help with settlement of only such claims that are valid and genuine.
BeepKart shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
BeepKart reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, BeepKart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by BeepKart under the Buyer Protection Program shall be final and binding on its Users.
BeepKart reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
Through this program, BeepKart shall not help settle claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
BeepKart Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.
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 BeepKart" and failing to do so Seller will be liable for chargebacks (as applicable).
Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by BeepKart. BeepKart encourages its Users to be professional, courteous and respectful when communicating by email.
However, BeepKart will investigate and can take action on certain types of unwanted emails that violate BeepKart policies.
Such instances:
Threats of Bodily Harm - BeepKart does not permit Users to send explicit threats of bodily harm.
Misuse of BeepKart System - BeepKart allows Users to facilitate transactions through the BeepKart system, but will investigate any misuse of this service.
Spoof (Fake) email - BeepKart will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - BeepKart's spam policy applies only to unsolicited commercial messages sent by BeepKart Users. BeepKart Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of BeepKart - BeepKart prohibits email offers to buy or sell listed products outside of the BeepKart Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
BeepKart policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
Limits on account privileges
Account suspension
Cancellation of listings
Loss of special status
Other Businesses
BeepKart does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, BeepKart assumes no responsibility for examining or evaluating the products and services offered by them. BeepKart do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). BeepKart does not endorse, in any way, any third party Platform(s) or content thereof.
BeepKart Infringement Verification (BIV) - Reporting Listing Violations
BeepKart has put in place BeepKart Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in BeepKart's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
If you are a Verified Rights Owner and want to report a listing issue, see BeepKart's BIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through BIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us
If your listing was removed through BIV, and you believe that your listing was removed in error, please contact us
BeepKart does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, BeepKart is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to BeepKart.
BIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. BIV participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on BeepKart is encouraged to become a BIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits:
Rapid response by BeepKart in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
Dedicated priority email queues for reporting alleged infringements
The ability to obtain identifying information about BeepKart's users'
How to Become a BIV Member
To join the BIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable BeepKart to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at [email protected].
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
Beep Innovations Private Limited
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I, [name] _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of [address] _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property rights, said owner being named _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _("IP Owner").
I have a good faith and belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at:
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Title & Company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Email (correspondence) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Telephone/Fax _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
and I make this declaration conscientiously believing it to be true and correct.
Declared by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
on [date] _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ in [place]_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, BeepKart will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
Trademark-infringement
Trademark owner doesn't make this type of product or has discontinued the production of the product
Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
Listing(s) has unlawful comparison to trademark owner's brand or product
Listing(s) contains unlawful use of trademark owner's logo
Copyright-item infringement
Software is being offered without any license or in violation of a license
Item(s) is a bootleg recording;
Item(s) is an unlawful copy (software, games, movies, etc.);
Item(s) is unlawful duplication of printed material
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
Listing(s) comprises unauthorized copy of copyrighted text
Listing(s) comprises unauthorized copy of copyrighted image
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Work(s)
infringed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Item Number(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Note:
Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to [email protected].
Contacting the Seller
At BeepKart we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at +91 98202 46004or access help center at [email protected]
Terms and Conditions for Buyer
UltraBeep Ops Pvt Ltd, is a company duly incorporated under the Companies Act, 2013 (hereinafter referred to as “Beepkart”) and is engaged in the business of inter-alia providing an online platform for the manufacturers, retailers, sellers and buyers of two wheelers to display, test drive, offer to sell and trade, sell or buy two wheelers, related accessories, related spare parts, related services etc., hosted at www.beepkart.com to users of the Company.
The registered owner or duly authorised representative (hereinafter referred to as “Seller”) had approached Beepkart for facilitating sale of his/her two wheeler vehicle (hereinafter referred to as “Vehicle”). The buyer (hereinafter referred to as “Buyer”), subsequent to having duly assessed and evaluated the condition of the Vehicle, has agreed to remit the consideration for the purchase of the Vehicle, subject to the acceptance and execution of the present terms and conditions.
The Buyer agrees, understands and accepts that Beepkart is assisting and facilitating in the sale of the Vehicle from the Seller to the Buyer, in whose name the Registration Certificate of the Vehicle would get transferred from the name of the Seller, upon the filing and completion of the requisite forms relating thereto with the statutory authorities, under applicable laws, by the Buyer.
The Buyer upon acceptance of the present terms and conditions and the terms of use read with the privacy policy notified on the website www.beepkart.com, has remitted the consideration for the Vehicle and taken possession of the Vehicle.
The Buyer hereby represents, warrants, agrees and affirms that:
the Buyer has satisfied himself regarding and in relation to status and condition of the Vehicle and understands that the Vehicle is being purchased by the Buyer on an “as is where is” basis.
the Buyer, pursuant to taking possession of the Vehicle upon payment of the consideration, immediately and without demur or any delay and in any case, within a period of 45 days, shall take all necessary steps as required under applicable laws including but not limited to filing and completion of the requisite forms, with the statutory authorities to carry out necessary modifications and changes in the Registration Certificate and insurance policy of the Vehicle in the name of the Buyer.
the Buyer is not barred under any laws, rules or regulations from purchasing the Vehicle.
the Buyer hereby explicitly and without demur waives any claim, demand or dues relating to the Vehicle or its condition.
Beepkart is an enabler and facilitator for the sale of the Vehicle from the Seller to the Buyer.
In case of any change/amendment to any applicable laws, wherein the Buyer is required to comply with or take any further steps for the transfer of ownership of the Vehicle, the Buyer shall take all such steps as required and would continue to remain responsible in relation thereto.
The Buyer shall submit all requisite documents including but not limited to forms, consents, permissions and any other document required for the transfer of ownership of the Vehicle, as required by Beepkart or under applicable laws.
The Buyer shall indemnify and shall at all times keep harmless and indemnified, Beepkart, its personnel, including but not limited to its employees, directors, representative and the Seller from and against any and all liabilities, losses, damages, claims, costs and expenses, interest and penalties (including reasonable attorney’s fees and expenses, expert fees and other legal expenses) actually suffered or incurred by the any of them, arising out of or resulting from, including but not limited to the (i) any acts or omissions relating to the Vehicle post to taking of possession of the Vehicle by the Buyer (ii) breach by the Buyer of the terms and conditions herein contained, terms of use read with privacy policy (as applicable) published on www.beepkart.com, including any representations or related obligations; (iii) any fault, negligent or wrongful acts or omissions of the Buyer (iv) the breach by the Buyer of the obligation to comply with the applicable laws relating to the Vehicle post to possession being handed over to Buyer (v) any suit, claim or action by any third party against Beepkart or Seller, as the case may be, as a result of any act and /or omission to act by the Buyer, in relation to the Vehicle.
If any disputes or differences arise between the Buyer and Beepkart relating to the transactions pertaining to the Vehicle as provided herein (the “Dispute”), the Buyer and Beepkart hereto shall endeavour to settle such Dispute amicably.If the Buyer and Beepkart are unable to amicably settle the Dispute, either Buyer or Beepkart shall be entitled to serve a notice invoking arbitration for resolution of Disputes. The Dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 (the “Arbitration Act”), as amended from time to time and the Buyer and Beepkart would mutually appoint a sole arbitrator for adjudication of the said Dispute. The arbitration proceedings shall be held in accordance with the Arbitration and Conciliation Act, 1996 and the place of arbitration shall be Bengaluru, India. The arbitration proceedings shall be conducted in the English language.The Arbitrator’s award shall be in writing, be binding on the Buyer and Beepkart subject to the applicable law in force and be enforceable in any competent court of law.
Subject to the Arbitration Clause, any dispute regarding or arising under the present Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India.
Company reserves the right to cancel and refund reservation and booking amount at its sole discretion.
Terms and Conditions for Seller
UltraBeep Ops Pvt Ltd, is a company duly incorporated under the Companies Act, 2013 (hereinafter referred to as “Beepkart”) and is engaged in the business of inter-alia providing an online platform for the manufacturers, retailers, sellers and buyers of two wheelers to display, test drive, offer to sell and trade, sell or buy two wheelers, related accessories, related spare parts, related services etc., hosted at www.beepkart.com to users of the Company,
The registered owner (hereinafter referred to as “Seller”) has approached Beepkart for facilitating sale of his/her two wheeler vehicle (hereinafter referred to as “Vehicle”). Beepkart had offered certain payment for facilitating the sale of the Vehicle, which has been accepted by the Seller and the Seller, subsequent to the remittance of the said payment (hereinafter referred to as “Price”) by Beepkart and subject to agreeing to and acceptance of the present terms and conditions and terms of use read with privacy policy (as applicable) published on www.beepkart.com, has handed over possession of the Vehicle to Beepkart.
The Seller agrees, understands and accepts that Beepkart is assisting and facilitating in the sale of the Vehicle by the Seller to the buyer, in whose name the Registration Certificate of the Vehicle would get transferred (hereinafter referred to as “Buyer”).
The Seller hereby represents, warrants, agrees and affirms that:
the Seller is the registered/legal owner of the Vehicle that is proposed to be sold.
as on date, there are no violations of the applicable laws (including but not limited to, the provisions of the Motor Vehicles Act, 1988 read with the related rules and regulations and as amended or modified from time to time), relating to any accident, traffic violations etc. involving the Vehicle.
the Vehicle has not suffered any damage due to any accident, natural calamities or even otherwise for any reason, which has not been disclosed in writing to Beepkart.
the Vehicle is free from any kind of encumbrances including but not limited to any liability such as due to any outstanding loans or financing, litigation or court case, superdari, arears of sales tax, value-added tax, road tax, government dues, blacklisted in government records or any similar liabilities as on the date of payment of the Price.
the Vehicle is insured as per the applicable laws and statutory/regulatory requirements, the details of which have been mentioned and certified by the Seller to Beepkart. The Seller acknowledges and agrees that on the transfer of the ownership of the Vehicle from the Seller to the Buyer, the insurance policy of the vehicle shall also get transferred in terms of the applicable law and the Seller shall not, after the date of payment of the Price by Beepkart to the Seller, make any claim relating thereto including but not limited to any No Claim Bonus (NCB), existing or arising relating to the insurance policy of the Vehicle.
there are no loans relating to the Vehicle outstanding, thereby restricting or there being any bar on transfer of ownership of the Vehicle.
Beepkart is an enabler and facilitator for the sale of the Vehicle, wherein the Seller understands and agrees that the transfer of ownership of the Vehicle to the Buyer i.e. subsequent to the transfer of the Registration Certificate (RC) of the Vehicle shall happen upon the filing and completion of the requisite forms relating thereto with the statutory authorities, under applicable laws, by the Buyer.
The Seller agrees, acknowledges, understands and confirms that the Price paid and as mentioned in the payment acknowledgement receipt issued is the full and final amount payable for the Vehicle. The Seller, unequivocally and unconditionally confirms that there shall be no further claims or dues relating to the Vehicle, payable to the Seller or to any third party.
The Seller hereby acknowledges and agrees that the Seller shall be solely liable for any and all consequences relating to the payment of Price in the Bank Account as provided in the instructions of the Seller.
The Seller agrees and understands that any misrepresentation by the Seller of any facts or circumstances relating to the Vehicle may result in appropriate action being initiated against the Seller under the applicable provisions of law including before competent courts/tribunals.
The Seller shall submit all requisite documents including but not limited to forms, consents, permissions and any other document required for the transfer of ownership of the Vehicle, as required by Beepkart or under applicable laws. The Seller shall further cooperate and make himself/herself available at all times for completion of necessary formalities for the transfer of ownership of Vehicle from the Seller to Buyer, including but not limited to visiting in person, the Regional Transport Office as required and mandated.In case of any change/amendment to any applicable laws, wherein the Seller is required to comply with or take any further steps for the transfer of ownership of the Vehicle, the Seller shall take all such steps as required and would continue to remain responsible in relation thereto.
The Seller shall indemnify and shall at all times keep harmless and indemnified, Beepkart, its personnel, including but not limited to its employees, directors, representative from and against any and all liabilities, losses, damages, claims, costs and expenses, interest and penalties (including reasonable attorney’s fees and expenses, expert fees and other legal expenses) actually suffered or incurred by the any of them, arising out of or resulting from, including but not limited to the (i) any acts or omissions relating to the Vehicle prior to taking of possession of the Vehicle by Beepkart (ii) breach by the Seller of the terms and conditions herein contained, terms of use read with privacy policy (as applicable) published on www.beepkart.com, including any representations or related obligations; (iii) any fault, negligent or wrongful acts or omissions of the Seller (iv) the breach by the Seller of the obligation to comply with the applicable laws relating to the Vehicle prior to possession being handed over to Beepkart (v) any suit, claim or action by any third party against Beepkart as a result of any act and /or omission to act by the Seller, in relation to the Vehicle.
If any disputes or differences arise between the Seller and Beepkart relating to the transactions pertaining to the Vehicle as provided herein (the “Dispute”), the Seller and Beepkart hereto shall endeavour to settle such Dispute amicably.If the Seller and Beepkart are unable to amicably settle the Dispute, either Seller or Beepkart shall be entitled to serve a notice invoking arbitration for resolution of Disputes. The Dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 (the “Arbitration Act”), as amended from time to time and the Seller and Beepkart would mutually appoint a sole arbitrator for adjudication of the said Dispute. The arbitration proceedings shall be held in accordance with the Arbitration and Conciliation Act, 1996 and the place of arbitration shall be Bengaluru, India. The arbitration proceedings shall be conducted in the English language.The Arbitrator’s award shall be in writing, be binding on the Seller and Beepkart subject to the applicable law in force and be enforceable in any competent court of law.
Subject to the Arbitration Clause, any dispute regarding or arising under the present Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India.