Terms & Conditions
OVERVIEW
The domain name www.gkcarts.com (hereinafter referred to as
“Website”) is owned by GK Enterprises. Throughout the site, the terms “we”,
“us” and “our” refer to GK Enterprises. GK Enterprises offers this website,
including all information, tools, and services available from this site to you,
the user, conditioned upon your acceptance of all terms, conditions, policies,
and notices stated here. By visiting our site and/ or purchasing something from
us, you engage in our “Service” and agree to be bound by the following terms
and conditions (“Terms of Service”, “Terms”), including those additional terms
and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content. Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the website or
use any services. If these Terms of Service are considered an offer, acceptance
is expressly limited to these Terms of Service. Any new features or tools which
are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 –
ONLINE STORE TERMS
You hereby represent and warrant that you are at least eighteen
(18) years of age or above and are fully able and competent to understand and
agree to the terms and conditions set forth in this Agreement. You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws). A breach or violation of any of
the Terms will result in an immediate termination of your Services.
SECTION 2 –
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at
any time. You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to the technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks. You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which
the service is provided, without express wrote permission by us. The headings
used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 –
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site
is not accurate, complete, or current. The material on this site is provided
for general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete, or more timely sources of information. Any reliance on the material
on this site is at your own risk. This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
SECTION 4 –
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We
reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time. We shall not be liable to you
or to any third-party for any modification, price change, suspension, or
discontinuance of the Service.
SECTION 5 –
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy. We have made every
effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer
monitor’s display of any color will be accurate. We reserve the right but are
not obligated, to limit the sales of our products or Services to any person, geographic
region, or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we
offer. All descriptions of products or product pricing are subject to change at
any time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made
on this site is void where prohibited. We do not warrant that the quality of
any products, services, information, or other material purchased or obtained by
you will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 –
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors. You agree to provide current,
complete, and accurate purchase and account information for all purchases made
at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers, and expiration dates so
that we can complete your transactions and contact you as needed. For more
detail, please review our Returns Policy.
SECTION 7 –
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input. You acknowledge and agree that
we provide access to such tools ”as is” and “as available” without any
warranties, representations, or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to
your use of optional third-party tools. Any use by you of optional tools
offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s). We may also, in the
future, offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
SECTION 8 –
THIRD-PARTY LINKS
Certain content, products, and services available via our Service
may include materials from third-parties. Third-party links on this site may
direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of
third-parties. We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments. We may, but
have no obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene, or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.You agree that your comments
will not violate any right of any third-party, including copyright, trademark,
privacy, personality or another personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise unlawful,
abusive, or obscene material, or contain any computer virus or other malware
that could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone other
than yourself, or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10
– PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy.
SECTION 11
– ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times, and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order). We undertake no obligation to update, amend or clarify information
in the Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 12
– PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13
– DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure, or error-free. We do not warrant
that the results that may be obtained from the use of the service will be
accurate or reliable. You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any time, without
notice to you. You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by us)
provided ‘as is’ and ‘as available’ for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.In no
case shall gk Enterprises, gkcarts.com, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers, or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 14
– INDEMNIFICATION
You agree to indemnify, defend and hold harmless GK Enterprises
and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers,
interns, and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your breach
of these Terms of Service or the documents they incorporate by reference or
your violation of any law or the rights of a third-party.
SECTION 15
– SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void, or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 16
– TERMINATION
gkcarts.com reserves the right to terminate your access to the website without advance notice if it reasonably believes, in it’s sole discretion, that
you have breached any of the terms and conditions of this Agreement. Following
termination, you will not be permitted to use the website and gkcarts may, in it’s
sole discretion and without advance notice to you, cancel any outstanding
orders for Products. If your access to the website is terminated, gkcarts reserves
the right to exercise whatever means it deems necessary to prevent unauthorised
access of the website. This Agreement will survive indefinitely unless and until gkcarts chooses, in it’s sole discretion and without advance notice to you, to
terminate it.
SECTION 17
– ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision. These Terms of Service and any policies or operating rules posted by
us on this site or in respect to The Service constitutes the entire agreement
and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications, and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18
– GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in accordance with the
laws of Burhanpur, Madhya Pradesh, 450331, India.
SECTION 19
– CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at
any time on this page. We reserve the right, at our sole discretion, to update,
change or replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20
– CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at gkcarts1015@gmail.com