Terms and Condition
Definitions of Terms & Conditions:
This website, https://www.reminderkart.com,
(hereinafter referred to as "reminderkart"/ “us”/”we”) is owned,
hosted and operated by Basudevji & sons (hereinafter referred to as
“BASSONS”/ “us”/”we”), a firm incorporated in India under the Partnership Act,
1932. These terms and conditions constitute a legally binding agreement between
reminderkart and the “User”/” you” (the “Agreement”).
"User" or "You" means who
accesses or uses this site and includes other persons jointly participating in
using the site. It is defined as an individual or corporate subscriber for the
Services and the signatory, whose particulars are contained in the form and
includes his successors and permitted assignees
"Firm": Is defined as Basudevji and Sons
(BASSONS) an existing firm under the Partnership Act, 1932, along with its
website reminderkart.com
"reminderkart.com": Is defined as the web
site of the Company https://www.reminderkart.com.
"Date of Commencement": The moment a user
accepts the terms & conditions, from that moment the user is bound as per
Terms & conditions of our website and will be treated as the date of
commencement. But the deduction of balance will start when the services will
start by sending the reminders to the user.
"Date of Termination": It is the date of
expiry mentioned in the notice or/and/combination of the letter/email/SMS/call
of termination. However, the services shall stop once the balance exhausted.
"My Subscriptions": Contains time to time
information and description of the Services for the User provided by us in
writing or contained in the website reminderkart.com
"Registration/Sign-Up Data": Is the
database of all the particulars and information supplied by the User on initial
application and subscription, including but without limiting to the User' s
name, telephone number, mailing address, account and email address.
"Services": Means the Services to be
provided by us to the user of reminderkart.com.
reminderkart and/or any other website(s) linked to
this website is an online information and communication service provided to
you, subject to your compliance with the terms and conditions mentioned below.
BY ACCESSING, CLICKING OR ACCEPTING OUR TERMS &
CONDITIONS MEANS YOU HAVE ACKNOWLEDGED THAT YOU HAVE READ THIS TERMS &
CONDITIONS VERY CAREFULLY AND AGREED TO BE BOUND BY THIS. IF YOU DO NOT AGREE
WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE
reminderkart IN ANY MANNER WHATSOEVER. IF YOU HAVE ANY QUESTIONS ABOUT THESE
TERMS, PLEASE CONNECT with us at info@reminderkart.com.)
reminderkart may amend/modify these terms and
conditions at any time, and such modifications shall be effective immediately
upon posting it on reminderkart. You may review the modified terms and
conditions periodically to be aware of such modifications and your continued
access or use of reminderkart shall be deemed as a proof of your acceptance of
these terms and conditions, as amended/modified from time to time. BASSONS may
also suspend the operation of reminderkart for support or technical up
gradation, maintenance work, updating the content or due to other exigencies.
Only the authorised User has the right to access
the Services offered by reminderkart.
If you use reminderkart in a manner inconsistent
with these terms and conditions, BASSONS may terminate your access, block your
future access.
The term User/Subscriber would include any person,
whether an individual or a legal entity who has subscribed to the Services of
reminderkart, and to whom the access to reminderkart is restricted by the use
of a sign-in user name and a password. The username and password are either
allotted by reminderkart or to be chosen by the Subscriber or as agreed upon by
reminderkart.
The term Visitor will mean and include a person who
utilizes any of the Services offered by reminderkart, without the need or a
requirement to create an account i.e. visits non-restricted portions of
reminderkart.
The use and access to reminderkart shall be
governed by these terms and conditions. For the purposes of this Agreement, any
person who does not have a legal or a contractual right to access the Services,
but does so, will fall within the definition of an 'unauthorised user' and will
nevertheless be subject to the terms and conditions regulating the usage of
reminderkart, and expressly so with respect to respecting the intellectual
property rights of the BASSONS, and abiding by terms and conditions below
mentioned.
The terms 'User' and 'Customer' would include both
the Subscriber and Browser/Visitor(s)
The terms 'Service' or 'Services' would mean to
include the online information service offered by reminderkart through which
the user may access information carried by reminderkart & its database. The
terms would also include to mean the search tools through which the User can
search through the hosted databases and information using a number of search
tools that are present with a selection matching their search criteria. The
term would also include services by way of space used by customers for
advertisements such as listings and banners. Users then select one or more of
the items presented to view the full document/ record. The term Service acts as
a platform for exchanging information and is not acting as an agent on anyone’s
behalf.
BASSONS will, in its sole discretion, terminate the
accounts of, and refuse Service to, any User who repeatedly or intentionally
violates these terms and conditions. Additionally, the User agrees to allow the
listing, their testimonials, their pictures, review or any part of it, to be
searched, displayed, accessed, downloaded, copied, and otherwise referred to by
users of the User's website or the reminderkart website. reminderkart and
BASSONS shall have the right to modify such information in the exercise of its
rights under these terms and conditions.
The User will be solely responsible for retaining
back-up copies of all information, photographs and other materials
furnished/submitted to reminderkart. BASSONS accepts no liability for
checking/verifying the accuracy of details submitted by the User, however,
BASSONS shall take best efforts for data backup and all.
Membership/Subscription Fees
The applicable rate of the Subscription Fees for
the Service provided shall be such as mentioned in the "My
Subscriptions" page or as may be prescribed by us from time to time.
The membership package fee will remain valid as per
timelines mentioned.
Your services will remain active till the balance is
there or till the validity, whichever comes first.
Payment Terms
All payments for the Services by reminderkart shall
be on a full advance basis. The payment once made is not refundable and any
amount paid shall stand appropriated. Refund if any will be at the sole
discretion of BASSONS. There is no guarantee for the timeliness &
conditions of the refunds. BASSONS reserves its right to amend/alter or change
all or any disclaimers or terms of agreements without any prior notice at any
time. All terms/disclaimers whether specifically mentioned or not shall be
deemed to be included if any reference is made to them.
BASSONS takes utmost possible care to ensure that
all or any data/information in respect of an electronic transfer of money does
not fall in the wrong hands. For completing online transactions involving
payments a user is directed to a Payment Gateway, BASSONS does not store or
keep credit card data. Since the transaction happens on a third-party network
not controlled by us, once a credit card transaction has been completed, the
payment information is not accessible to anyone at BASSONS ensures the maximum
security. In order to know further details, kindly refer our payment gateway
website https://razorpay.com/docs.
BASSONS shall not be liable for any loss or damage
caused by reason of any disclosure (inadvertent or otherwise) of any
information concerning the user's account and / or information relating to or
regarding online transactions using credit cards/debit cards and/or their
verification process and particulars nor for any error, omission or inaccuracy
with respect to any information so disclosed and used whether or not in pursuance
of a legal process or otherwise.
Refund in failed transactions
Though BASSONS team are dedicated but offers no
guarantees whatsoever for the accuracy or timeliness of the refunds reaching
the Subscribers card/bank accounts. Which could be ascertained to various
associated uncontrolled elements viz. technical glitches/failure, working
days/holidays, Force Majeure etc. Refunds are at the discretion of
reminderkart.
Unethical/illegal usage of reminderkart,
inconsistent with these terms and conditions, BASSONS may terminate your
access, block your future access and/or seek such additional relief as the
circumstances of your misuse may be deemed to be fit and proper.
Obligations of the user & Terms:
User agrees to treat all information obtained from
the Service, including listings, feedback, testimonials, member directory,
pictures, and any information otherwise made available to User in the Service
("Content") as proprietary to reminderkart. User agrees that Content
reserved for members will be maintained as confidential. reminderkart does not
ensure the accuracy of, endorse or recommend any Content and a User uses such
Content at the User's own risk. User shall limit access to and use of services
for personal and internal use, and shall not use it for further distribution,
publication, public display or preparation of derivative works or facilitate
any of these activities in any way. The accuracy of the Registration Data given
to the Company on initial application for the Service shall be the sole responsibility
of the User. User shall not use or reproduce any Content that is obtained from
the Service or that is otherwise made available to User in the Service. Users
violating these specific terms, specifically those Users searching the Service
in an abusive or excessive manner, by automated or manual means, shall be
subject to immediate termination of their membership without notice and may
subject to legal action as per Indian law. The User understands and agrees that
User is responsible for all applicable taxes and for all costs that are
incurred in using the Reminderkart.com service. The user shall be solely
responsible for all information retrieved, stored and transmitted through the
Service by him.
The User shall keep confidential and not disclose
to any person the User's password and user identification and all activities
and transmission performed by the User through his user identification.
The User shall immediately notify the Company of
any unauthorized use of the User's account or any other breach of security
known to the User.
The User shall promptly make the payment to the
Company towards the Subscription Fees as and when it becomes payable.
The User will indemnify reminderkart for any action
or claim committed/made by any third party resulting from any information
posted on the site by the user or/and anybody else on his behalf.
reminderkart do not accept any responsibility
towards the data entered in our website. The user is fully responsible for any
wrong data entered and be liable for any and all action taken by the third
party (whether civil/criminal).
The user agrees that any data entered into herein
can and shall be saved, used and commercially exploited by reminderkart/BASSONS
as deemed fit by them".
"User of the website agrees to indemnify and
keep reminderkart/BASSONS indemnified from any wrong/false data entered into
and hereby warrants and covenants that all data entered into the website is
true and correct and belongs exclusively to him and not to any other third
party and hence the services offered to the user is as per their entries made.
Though we provide automated data population for the tasks along with few other
fields but before creating a reminder, it is complete responsibility of the
user to check, confirm & ensure the correctness. Reminderkart/BASSONS will
not be responsible for any loss due to wrong entries.
Restrictions/ Prohibitions
You hereby expressly agree not to:
(a) Utilise the Services offered by reminderkart in
any manner to impair the interests and functioning of BASSONS/reminderkart and
which is non-compliant with laws and regulations.
(b) Access data not intended for you or log into
server or account that you are not authorized to access;
(c) Attempt to probe, scan or test the
vulnerability of a system or network;
(d) Attempt or breach security or authentication
measures without proper authorization;
(e) Attempt to interfere with, access to any other
user including but not limited to by submitting a virus of any kind or Trojan
horse to reminderkart, overloading, Flooding, mail bombing or crashing, SPAMs;
(f) Copy, distribute, download, display, perform,
reproduce, modify, edit, alter, enhance, broadcast or tamper with, in any way
or otherwise use any material contained in reminderkart except as permitted;
(g) Copy and distribute this information on any
other server, or modify or re-use information, text, graphics, sound, etc. on
reminderkart to any other system. No reproduction of any part of reminderkart
may be sold or distributed for commercial gain nor shall it be modified or
incorporated in any other work, publication or reminderkart, whether in hard
copy or electronic format, including postings to any other reminderkart; or
(h) Remove any copyright, trademark or other
intellectual property notices contained in the original material from any
material copied or printed off from reminderkart or link to reminderkart,
without our express written consent.
(i) The user shall not utilise the Services offered
by reminderkart in any manner so as to impair the interests and functioning of
BASSONS/reminderkart. The user undertakes not to duplicate, download publish,
modify and distribute the material on reminderkart.com unless specifically
authorised by BASSONS in this regard. The user undertakes not to establish any
deep link or other connection to any specific page of reminderkart other than
the Home Page without obtaining prior consent of BASSONS. BASSONS strictly
forbids copying, duplicating web pages or content using any automated process
such as spiders, crawlers etc. or through any manual process for a purpose
which has not been authorised in writing.
(j) users undertake that the Services offered by
reminderkart shall not be utilised to upload, post, email, transmit or
otherwise make available either directly or indirectly, unsolicited bulk e-mail
or unsolicited commercial e-mail. BASSONS is not obligated to but reserves the
right to filter and monitor and block the emails sent by you/user using the
servers maintained by BASSONS to relay emails.
The User / subscriber/visitor to reminderkart or
affiliated site(s) is prohibited from uploading, posting, transmitting,
updating or sharing any information that:
belongs to another person and to which the user
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;
harm minors in any way;
infringes any patent, trademark, copyright or other
proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee 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;
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 cognisable offence or
prevents investigation of any offence or is insulting any other nation.
Violations of system or network security may result
in civil or criminal liability.
Clarity of services & conditions of this
agreement
Links To Third Party Web Sites
reminderkart may provide links to other third-party
World Wide Web sites or resources. BASSONS makes no representations whatsoever
about any other Web site you may access through reminderkart.
Intellectual Property Rights
All logos, brands, trademarks and Service marks
("Marks") appearing in reminderkart are the properties either owned
or used under license by BASSONS. The access to reminderkart does not confer
upon the User any license or right to use in respect of these Marks and
therefore the use of these Marks in any form or manner whatsoever is strictly
prohibited. Any violation of the above would constitute an offence which is
punishable under the prevailing laws of India.
BASSONS respects the Intellectual Property Rights
of all, it has and will continue to adhere to all the laws applicable in India
in this respect. BASSONS shall protect and respect the Intellectual Property
Rights of the users as well as third parties to the best of its ability. In a
case where a User(s) are found to be using reminderkart as a platform to
infringe the Intellectual Property Rights of others, BASSONS will be free to
terminate this Agreement forthwith without any notice to the user.
By allowing users to access reminderkart, BASSONS
grants the Users a limited, non-exclusive, non-assignable, revocable license
(the "License") to access and use the Services, provided that the
User is in compliance with the terms and conditions of the Agreement.
Termination, Suspension & liabilities upon
termination
BASSONS may, without notice in its sole discretion,
and at any time, terminate or restrict your use or access to reminderkart (or
any part thereof) for any reason, including, without limitation, that BASSONS
based on its judgement and perception believes you have violated or acted
inconsistently with the letter or spirit of these terms and conditions or any
applicable law.
The subscription charges paid will continue to
debit as per services created by the user till the balance ceases. In case of
suspension, after mutual settlement, reminderkart may at its discretion and
subject to such terms as it deems proper, reconnect the Service.
Violation of Terms & Conditions
If the reminderkart.com, in its sole discretion
determines that a violation of the Terms & Conditions has occurred, we may
pursue any of its legal remedies, including but not limited to the immediate
deletion of any offending material from its site or/and cancellation of your
account and/or the exclusion of any person(s) who may have violated any Terms
& Conditions. reminderkart.com could also pursue violators with claims that
they have violated various criminal and/or civil law provisions as applicable
under the relevant Acts/Rules. reminderkart.com will cooperate with any
investigation by any Central or/and State or/and local body or/and any court
or/and tribunal having the competence to carry out the same. Such cooperation
may be without notice to the User. If reminderkart.com believes in its sole the
discretion that any advertisement or/and services may create liability for
reminderkart.com, we may take any actions that it believes are prudent or
necessary to minimize or/and eliminate its potential liability, including but
not limited to, the release of User information. In sum, reminderkart.com
reserves the right to refuse service to anyone at any time, or/and to remove
any listings for any reason, and without notice.
Disclaimer And Warranties
THE CONTENT OF reminderkart IS PROVIDED "AS
IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS
OF ANY KIND, EITHER EXPRESS OR IMPLIED.
BASSONS AND ANY THIRD-PARTY PROVIDING MATERIALS,
SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR
CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION
OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF reminderkart.
Views expressed by the Users are their own, BASSONS
does not endorse the same and shall not be responsible for them. No claim as to
the accuracy and correctness of the information on the site is made although
every attempt is made to ensure that the content is not misleading/ offensive/
inappropriate. In case any inaccuracy is or otherwise, improper content is
sighted on the website, please report it to report abuse.
No information contained herein shall constitute an
invitation or an offer to invest in BASSONS or any of its Affiliates. Further,
nothing contained in reminderkart should be construed as a recommendation to
use any product, process, in conflict with any patent, or otherwise and BASSONS
makes no representation or warranty, express or implied that, the use thereof
will not infringe any patent, or otherwise.
reminderkart is controlled and operated from India
and BASSONS makes no representation that the services are appropriate or will
be available for use in other parts of the World. If you use reminderkart from
outside India, you are entirely responsible for compliance with all applicable
local laws as well as international conventions and treaties.
BASSONS offers products, Services, content, and
various other functionalities through reminderkart and its affiliate sites to
specific regions worldwide. The Services offered in one region may differ from
those in other regions due to availability, local or regional laws or legal
impediments and other considerations/factors. BASSONS does not make any
warranty or representation that a User in one region may also obtain the
Services as provided in another region.
Limitation Of Liability
BASSONS will not be liable for any damages of any
kind arising out of or relating to the use or the inability to use
reminderkart, its content or links, including but not limited to damages caused
by or related to errors, omissions, interruptions, defects, delay in operation
or transmission, computer virus, line failure and all other direct, indirect,
special, incidental, punitive, loss of profit, exemplary or consequential
damages whether based on warranty, contract, tort or any other legal theory
including Force Majeure, and whether or not, such organizations or entities
were intimated or advised of the possibility of such damages.
BASSONS assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communication line failure, theft or destruction or unauthorised access to or
alteration of User's data/information. BASSONS shall not be responsible for any
problem or technical malfunction on-line-systems, servers or providers,
computer equipment, software, failure of e-mail or players on account of a
technical problem or traffic congestion on the Internet or at any website or
combination thereof, including injury or damage to any User and/or Members or
to any other person's computer related to or resulting from participating or
downloading materials/information from the website.
Unless otherwise specified and notwithstanding
anything contained in any other agreement or arrangement, by whatever name
called, the performance the obligation of BASSONS (service provider) is to
provide access to its on-line portal to the customer for the duration of the
subscription period & reference to any usage, by whatever name called or
any other performance obligation, if any, is to provide the upper limit for
consumption, which by itself, does not create any additional performance obligation
upon BASSONS.
Amendment of terms & conditions
The right to amend or change the terms and
conditions contained herein at any time exclusively rests with the
reminderkart.com.
This Agreement will be updated from time to time
and the Terms and Conditions changed from time to time and the changed or
updated Agreement posted at reminderkart.com. The User should visit the site
regularly to review the latest Terms and Conditions. For the avoidance of
doubt, the User's continued use of the Service constitutes an affirmation and
acknowledgement of the amended terms and conditions.
Discontinuation Or Modification of Services
The reminderkart.com reserves the unilateral right
to add to /and/or change and/or delete and/or end the Service at any time with
or without notice to the User. Except for paid service, a pro-rated refund
shall be effected for the remaining unused period.
There shall be no liability on behalf of the
reminderkart.com to the User or any third party in case the Company exercises
its unilateral right to modify or discontinue the Service.
Indemnification
Submissions and unauthorized use of any
information(s)/materials contained on reminderkart may violate copyright laws,
trademark laws, the laws of privacy and publicity, certain communications
statutes and regulations thereto and other applicable laws, statutes and its
rules and regulations. You alone are responsible for your actions or the
actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless,
BASSONS and/ or its associates, subsidiaries, their officers, directors,
employees, affiliates, licensees, business partners and agents, from and
against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of reminderkart
material or your breach of these terms and conditions or any applicable law.
BASSONS will not be a party to any legal proceedings
between parties contracted through these Services. In case BASSONS is sought to
implicated in any legal proceedings, costs will be recovered from the party
that names BASSONS as a party to such proceedings. BASSONS shall abide with any
court order served on it through due process.
Privacy Policy
The user of reminderkart is subject to reminderkart Privacy Policy kindly refer the link for details mentioned in the home page or visit,
https://www.reminderkart.com/privacy-policy
Acknowledgement And Acceptance Of Terms And
Conditions
The terms and conditions appearing here above
consists of the entire agreement between the Party/User (as defined above ) and
the firm “Basudevji & sons” (as defined above) and replaces all previous
arrangements/schedules between the parties regarding the subject matter
contained hereinabove. By completing the registration process and/or checking
the "I have read and accept the Terms of Use" box, you are indicating
your acceptance to the agreement and to be bound by all of the terms and
conditions of reminderkart.com as appearing hereinabove.
It is our constant endeavour to make
reminderkart.com an enjoyable and effective experience for all our users. If
you observe material or behaviour that may violate one of the reminderkart.com
Terms & Conditions, please write to us immediately at
info@reminderkart.com.
Arbitration
If any dispute arises between a user/users and
BASSONS arising out of the use of the website or thereafter, in connection with
the validity, interpretation, implementation or alleged breach of any provision
of these terms and conditions, the dispute shall be referred to a sole
Arbitrator who shall be an independent and neutral third party identified by
BASSONS. The decision of the Arbitrator shall be final and binding on both the
parties to the dispute. The place of arbitration shall be Kolkata. The
Arbitration & Conciliation Act, 1996, shall govern the arbitration
proceedings.
Severability Of Provisions
THIS AGREEMENT between you and BASSONS governs your
use of reminderkart. If any provision of these reminderkart terms and
conditions or part thereof is inconsistent with or is held to be invalid/void
by or under any law, rule, order or regulation of any Government or by the
final adjudication of any court, such inconsistency or invalidity shall not
affect the enforceability of any other provision of the terms and conditions.
waiver
The failure of reminderkart.com to exercise or
enforce any right or provision of these Terms & Conditions shall not
constitute a waiver of such right or provision. If any provision of these Terms
& Conditions is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of these Terms & Conditions shall remain in full force and
effect.
Entire Agreement
This Agreement shall constitute the complete and
exclusive agreement between the parties with respect to the subject matter
hereof, superseding any prior agreements, documents and or communications
regarding such subject matter. This Agreement may only be modified, or/and any
rights under it waived, by a written document executed by the Company only. The
right to change vary or amend, however exclusively rests with the Company.
Governing Law & Jurisdiction
By accessing reminderkart you agree that the laws
prevailing in India shall be the governing laws in all matters relating to
reminderkart as well as these terms and conditions.
Courts at Kolkata, India alone shall have the
exclusive jurisdiction in all matters relating to reminderkart and these terms
and conditions, irrespective of the territory and jurisdiction of your access
to reminderkart.
BASSONS does not routinely monitor your postings to
the web site but reserves the right to do so. However, if BASSONS becomes aware
of an inappropriate use of reminderkart or any of its Services, BASSONS will
respond in anyway that, in its sole discretion, BASSONS deems appropriate. You
acknowledge that BASSONS will have the right to report to law enforcement
authorities any actions that may be considered illegal, as well as any
information it receives of such illegal conduct. When requested, BASSONS will
co-operate fully with law enforcement agencies in any investigation of alleged
illegal activity on the Internet.
BASSONS reserves all other rights.
Violations
Please report any violations of these terms and
conditions to us at info@reminderkart.com.
