VisitKar Terms & Conditions
Please read the following terms and conditions very carefully as your use of services and products on our website www.visitkar.com (“our Website”) subject to your acceptance of and compliance with the following terms and conditions.
VisitKar is an online shopping portal that lists deals from other shopping websites on the internet. It is neither an online merchant nor does it source its own products and services. It is a user driven online shopping community that is created to provide a platform for users to collaborate, and share information ideas, views and experiences in order to make the best shopping experience. We make available products and services of different brands, merchants and dealers on a single platform to augment convenience of our users. VisitKar does not produce / purchase / manufacture any goods nor does it sell any goods. We do not promote a particular brand or work for a particular brand. Nothing contained herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. Your purchase or order booking is at your sole discretion and decision shall be subject to terms and conditions of such brands, merchants and dealers. VisitKar would not be responsible, in any manner whatsoever, for any products /services ordered from our affiliated or nonaffiliated merchants. We suggest that you exercise utmost care and caution and carefully read the fine print associated with each such offer. All deals, coupons and promotions on our Website and/or our mobile application are subject to change without notice. VisitKar does not guarantee or endorse the accuracy of links, coupon codes, or any deals on this Website and/or our mobile application or any products and services or their usability, merchantability and suitability for your need and requirements. You agree to comply with all the rules and regulations that are applicable to your use of the Website and/or our mobile application, including, without limitation, those governing the transmission or use of any data, information or software.
The information and materials on our Website and/or our mobile application may contain typographical errors or inaccuracies. VisitKar reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this Website and/or our mobile application and to suspend and/or deny access to this Website and/or our mobile application or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
ACCESS TO VISITKAR
Access to VisitKar through your computer/laptop as well as VisitKar applications and the software designed to support your tablet or other similar devices has been provided to give you ready and convenient access to VisitKar products and services by way of updates, notifications, news, etc. and to keep you abreast of the latest deals, discounts, discussions and trends, as it may not be possible for you to have continued access to VisitKar through your computer device. All rights, privileges, property and Intellectual Property contained in the software designed for such downloadable applications shall at all times remain the sole and exclusive property of VisitKar. You will not be authorized to copy, reproduce or license the rights contained therein or create similar software by unauthorized use of the source code/object code contained in the software or run a similar program to support other applications on your/third party’s mobile/cell phone/tablet or other communication device.
In this regard, we request you to be cautious of bogus or fake mobile applications urging free or pre-paid download in the name of VisitKar or name similar to VisitKar.
VisitKar in this regard disclaims any liability, damage, loss or harm which you may suffer, directly or indirectly, by virtue of:
- Harm Caused To Your Mobile Or Other Communication Device By Download Of Any Contaminated/Destructive Viral Elements Or Any Content Accompanied By Such Download; Or
- Purchase Of Products/Services From The Mobile Application Downloaded;
- Claims Made On VisitKar For Refund Of Charges Paid In Relation To Such Paid Mobile Applications.
As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the VisitKar Website and/or our mobile application or communicating with VisitKar through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the VisitKar Website and/or our mobile application can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our Website and/or our mobile application shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /Laptop or data network/ Wi-Fi Connection on your mobile/cellphone/tablet. VisitKar does not guarantee continuous, uninterrupted or secure access to its Website and/or our mobile application.
VisitKar does not guarantee that any content deals, postings, messages, text, files, photos, videos, comments, images, or any such material (“Content”) posted on our Website and/or our mobile application will be free from viruses that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. VisitKar shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website and/or our mobile application to satisfy your requirements as to the safety and reliability of the Content.
As you are aware that VisitKar does not directly source or sell the products and services offered on the Website and/or our mobile application, the modus operandi for purchasing a particular deal, voucher or merchandise would be that VisitKar will direct you to the web domain of that particular brand/merchant chosen by you and you will be required to follow the instructions for making the payment on such webpage through your credit/debit/master card. Your purchase activity may at times be interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website and/or our mobile application to which you are re-directed to enable the payment gateway. It is expressly clarified that VisitKar is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect or higher amount charged to your account/debited, password invalidated, non-acceptance of card, amount charged or debited more than once, etc. Your payment concerning merchandise purchased shall at all times be governed by the terms and conditions of the brand/merchant from whom such purchase is made and we encourage you to refer to, read and fully understand the same before making a purchase.
Additionally, security of your credit/debit/master card, net banking password or other unique payment password, bank account number, or other bank account details(“Bank account details”) vis-a-viz. your purchase order shall also be governed by the terms and conditions of the brand/merchant from whom you purchase a particular product or service. VisitKar shall not be liable for (i) any harm whatsoever that may be caused to your computer system due to faulty internet connection or any reason whatsoever that refrains you from successfully rendering the payment (ii) loss or misuse of the Bank account details shared by you on such website due to any reason whatsoever (iii) incorrect amount charged to your account or (iv) failure by the respective brand/merchant to refund any extra amount charged to your account. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website and/or our mobile application to satisfy your requirements as to the safety of your Bank account details. We suggest that you exercise care and caution before sharing your Bank Account details on any web domain.
USER WARRANTY AND REPRESENTATION
VisitKar is a user driven Website / application which offers its users with a platform to use, benefit and share its shopping experience by participating in activities, discussions and sharing the best deals &shopping experiences with its fellow users, thereby augmenting and enriching the overall shopping experience.
By using this Website and/or our mobile application, you understand and accept that all the Content and the authenticity of such Content posted on our Website and/or our mobile application by its users or transmitted through, or linked with the Service, is the sole responsibility of the person /user from whom such Content has originated. Similarly, you would be solely responsible for all the Content that you may post. VisitKar cannot control and would not be responsible for any Content posted on the Website by its users and visitors. You hereby undertake and agree that you shall adhere to your ethical responsibility of not posting any offensive, indecent, inaccurate, bogus, misleading or otherwise objectionable Content. The users further warrant that to the best of their knowledge, no action, suit, proceeding, claim or investigation has been instituted, initiated or threatened to be instituted or initiated against any Content posted thereby.
LINKS TO THIRD PARTY CONTENT
The VisitKar Website and / or mobile application and Content available through the Services may contain features and functionalities that may link you or provide you access to third party content and web domains, which is completely independent of VisitKar, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
We have included links to these websites to provide you with access to information and services that you may find useful or interesting. We have not, reviewed, evaluated or approved these sites and we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Use of this website is purely your discretion and decision and nothing contained on the Website and/or our mobile application or herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. The inclusion of any linked site does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by VisitKar of any information contained in such websites and the content therein is merely an offer and not a recommendation to buy or sell any products or services.
VisitKar shall not be responsible or liable for any loss, claim, damage or liability of any nature incurred by you as result of your dealings with third party web domains and/or using any payment gateways associated with them. VisitKar shall not be a party to any dispute which may arise between participants on this site, or between users and any third party. In the event of such a dispute arising, you hereby release VisitKar, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our Services.
You hereby indemnify and keep indemnified, saved, defended and harmless on full indemnity basis VisitKar and all persons claiming under VisitKar (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:
- Use Of Such Websites;
- Mis-Use Of Any Data Or Personal Information Fed By You Or Any Content Posted On Such Website By Any Person;
- Loss/Damage Caused To You As A Result Of Faulty/Defective Product Delivered To You Or Change In Specification Of The Product Delivered;
- Bogus Or Unauthentic Deal Chosen By You Or Withdrawn By The Merchant/Brand After Opting For Such Deal;
- Infringement By You Of Intellectual Property Rights Of Such Third Party Web Domains;
- Loss/Damage Caused To You As A Result Of Mis-Representations Made By A Particular Brand Or Merchant;
- Vclaims Against You Alleging Mis-Use Or Unauthorised Usage Of Information/Data Available On Third Party Brands/Merchants Linked To Our Website and/or our mobile application;
- Disputes Arising Between (I) Participants On This Website And/Or (Ii) Users Of Our Website and/or our mobile application And Any Third Party;
- Decision With Respect To Such Dispute Made By Any Authority(Ies).
THIRD PARTY DEALINGS
Deals offered or proposed to be offered to you on our Website and/or our mobile application may be posted by our users. Your continued usage of our product/service shall be deemed to be an acknowledgement of our offer made to you in this regard. Any loss, harm or damage caused or any expenditure caused or incurred in this regard shall not be attributable to VisitKar.
You may conduct whatever investigation you deem necessary and/or appropriate before proceeding with any online or offline transaction with any of these third parties.
Please note that VisitKar only provides the links to products on third party websites; therefore it cannot and would not be held responsible if the product chosen by you is out of stock on the third party site.
CONTENT AND ITS INTENDED USE
We may change the format and content of the VisitKar Website and/or our mobile application from time to time. You agree that your use of the VisitKar Website and/or our mobile application and its products and services is on an ‘as is’ and ‘as available’ basis and at your sole discretion and risk.
We do not accept any liability for any loss or claims arising from:
- Any Purchase Made; Or
- Any Loss, Damage Or Harm Caused Due To Action Taken Upon Any Advice Provided/Posted On The Website and/or our mobile application
ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing your registration process on our Website and/or our mobile application. You would be responsible for maintaining the confidentiality of the password assigned to you and your account details and for all activities that are undertaken through your account. You agree to (a) immediately notify VisitKar of any unauthorized use of your password or account or any other breach of security, and (b) logout from your account at the end of each session.
VisitKar shall not be liable for any loss or damage arising from your failure to maintain your account and/or password.
You shall not have more than one active Account on our Website and/or our mobile application. Additionally, you are prohibited from selling, trading, or transferring your Account to another party or otherwise dealing in your account in an inappropriate, indecent or illegal manner.
You hereby agree to not post, email, or otherwise make available Content:
- That Is Unlawful, Harmful, Threatening, Abusive, Harassing, Defamatory, Libelous, Invasive Of Another’s Privacy, Or Is Harmful To Minors In Any Way;
- That Harasses, Degrades, Intimidates Or Is Hateful Towards An Individual Or Group Of Individuals On The Basis Of Religion, Gender, Sexual Orientation, Race, Ethnicity, Age, Or Disability;
- That Impersonates Any Person Or Entity, Including, But Not Limited To, A VisitKar Employee, Or Falsely States Or Otherwise Misrepresents Your Affiliation With A Person Or Entity (This Provision Does Not Apply To Content That Constitutes Lawful Non-Deceptive Parody Of Public Figures.);
- That Includes Personal Or Identifying Information About Another Person Without That Person’s Explicit Consent;
- That Is False, Deceptive, Misleading, Deceitful, Mis-Informative, Or Constitutes “Bait And Switch”;
- That Infringes Any Patent, Trademark, Trade Secret, Copyright Or Other Proprietary Rights Of Any Party, Or Content That You Do Not Have A Right To Make Available Under Any Law Or Under Contractual Or Fiduciary Relationships;
- That Constitutes Or Contains “Affiliate Marketing,” “Link Referral Code,” “Junk Mail,” “Spam,” “Chain Letters,” “Pyramid Schemes,” Or Unsolicited Commercial Advertisement;
- That Advertises Any Illegal Service Or The Sale Of Any Items The Sale Of Which Is Prohibited Or Restricted By Any Applicable Law In India Or Any Of Its Constituent States;
- That Contains Software Viruses Or Any Other Computer Code, Files Or Programs Designed To Interrupt, Destroy Or Limit The Functionality Of Any Computer Software Or Hardware Or Telecommunications Equipment;
- That Disrupts The Normal Flow Of Dialogue With An Excessive Amount Of Content (Flooding Attack) To The Service, Or That Otherwise Negatively Affects Other Users’ Ability To Use The Service; Or
- That Employs Misleading Email Addresses, Or Forged Headers Or Otherwise Manipulated Identifiers In Order To Disguise The Origin Of Content Transmitted Through The Service.
In addition, you also agree not to:
- Make Unsolicited Contact With Anyone For Any Commercial Purpose;
- “Stalk” Or Otherwise Harass Anyone;
- Collect Personal Data About Other Users For Commercial Or Unlawful Purposes;
- Use Automated Means, Including Spiders, Robots, Crawlers, Data Mining Tools, Or The Like To Download Data From The Service, Unless Expressly Permitted By VisitKar;
- Post Non-Local Or Otherwise Irrelevant Content, Repeatedly Post The Same Or Similar Content Or Otherwise Impose An Unreasonable Or Disproportionately Large Load On Our Infrastructure;
- Post The Same Item Or Service In More Than One Forum;
- Attempt To Gain Unauthorized Access To VisitKar’s Computer Systems, Servers Or Engage In Any Activity That Disrupts, Diminishes The Quality Of, Or Interferes With The Performance Of, Or Impairs The Functionality Of, The Service Or The Website; Or
- Use Any Form Of Automated Device Or Computer Program That Enables The Submission Of Postings On VisitKar Without Each Posting Being Manually Entered By The Author Thereof (An “Automated Posting Device”), Including Without Limitation, The Use Of Any Such Automated Posting Device To Submit Postings In Bulk, Or For Automatic Submission Of Postings At Regular Intervals.
- Use Any Form Of Automated Device Or Computer Program (“Voting Tool”) That Enables The Use Of VisitKar “Topic Voting System” Without Each Vote Being Manually Entered By The Person;
- Remove Or Change Any Content Of The VisitKar Domain Or Attempt To Circumvent Security Or Interfere With The Proper Working Of The VisitKar Domain Or Any Servers On Which It Is Hosted;
- Misuse Passwords Or Misuse Of Other Information Or Content On The VisitKar Website and/or our mobile application;
- Damage, Disable, Overburden, Or Impair The VisitKar Website Or Service Or Interfere With Any Other Party’s Use And Enjoyment Of Any VisitKar Website Or Service.
- Gain Unauthorized Access To Any VisitKar Website Or Service, Computer Systems Or Networks Connected To Any VisitKar Website Or Service, Through Hacking, Password Mining Or Any Other Means.
- Create Links To Our Website and/or our mobile application From Any Other Website, Without Our Prior Written Consent;
- Frame Or Replicate The Home Page Of VisitKar Website Containing Such Content That Is Unlawful, Threatening, Abusive, Libelous, Pornographic, Obscene, Vulgar, Indecent, Offensive Or Which Infringes The Intellectual Property Rights Of VisitKar Or Rights Of Any Third Party;
- Misuse, Replicate Or Copy The Source Code And The Object Code Contained In The Computer Program Of The VisitKar Website;
You are not permitted to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part any Content, software, or Intellectual Property contained in the products or services or contained on the VisitKar Website or its mobile application obtained from social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, WordPress, or use such information, Content, or Intellectual Property in a searchable, machine readable database, except without VisitKar’s prior written approval. If you download any information or software from our Website and/or our mobile application or social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, WordPress, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. Intellectual Property shall mean any and all intellectual property or proprietary rights of VisitKar including any and all rights over all its data, information, techniques, methodologies and materials, and shall include all rights as applicable relating to any copyright (including rights in audiovisual works), trademarks (including logos, slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary computer programs and software, source code, object code, rights of priority and trade secret rights, recognized in any country or jurisdiction in the world.
The brands/merchants whose products, services or deals are made available on our Website and/or our mobile application may be protected by intellectual property laws of India or a country outside India. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the products or services of such brands/merchants, may subject you to infringement consequences in accordance with the policies of such brands/merchants which may be enforced by them in India or outside India. VisitKar is not bound by any agreement with any of the brands/merchants for ensuring security of their intellectual property appearing on our Website and/or our mobile application. You hereby agree and undertake to be solely responsible in this regard, in the event of claims or disputes which may arise by such brands/merchants alleging infringement of intellectual property by VisitKar. You hereby indemnify and keep indemnified, saved, defended and harmless VisitKar and all persons claiming under VisitKar (‘Indemnified Persons’), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands and costs that may be made and/or raised on the Indemnified Persons by any of the brands/merchants or any concerned authority (ies) and/or alleging infringement of their intellectual property contained in their brands/deals.
Our Website and/or our mobile application offers services, products and deals at prices which are quoted by the respective brands/merchants/traders. VisitKar does not directly service products or sell the same on our Website and/or our mobile application. Thus discounts/sale/ coupons may only apply to those brands/deals who offer their products/brands/deals on sale or discounted prices.
You are advised to undertake your own research as regards the best price for the products or deals available. Although VisitKar updates its Website and/or our mobile application on a regular basis, we may be unaware of a particular deal which may have been withdrawn by the merchant. It may happen that the same product, of a brand may be differently priced on our Website and/or our mobile application. It is hereby clarified that VisitKar has in place a robust mechanism to stay abreast of the latest deals, prices, discounts and trends. However, we shall not in any manner be liable for any claims, damages, losses or liabilities which may arise as a result of your purchasing a product for a higher price than that available elsewhere or booking a deal which may have been withdrawn by the merchant. Your payments and refund policies shall be subject to the terms and conditions of the website they are purchased from. You are advised to undertake reasonable efforts in acquainting yourself with such terms and conditions before purchasing any product deal.
USAGE OF DISCOUNT COUPONS
VisitKar offers discount coupons of various brands and one-stop-shop websites which can be redeemed at the time of making a purchase on that particular website. Such brands/one-stop-shops are authorised “Coupon Partners” of VisitKar.
Any brand/merchant on their respective website may falsely claim to be the Coupon Partner of VisitKar. Coupons bought from our website and/or our mobile application will not be redeemable on such bogus websites. You are requested to immediately write to us in the event to come across any such bogus website. Since some of the coupons are posted by its users, you are advised to undertake reasonable efforts to ascertain the authenticity of such coupons before using them. VisitKar disclaims any claim, loss, damage or liability which may arise or be caused by using such coupons.
You hereby indemnify VisitKar and keep indemnified, saved, defended and harmless on full indemnity basis VisitKar and all persons claiming under VisitKar (“Indemnified Persons”), from and against all losses and/or damages arising to VisitKar as a result of any notices, proceedings, litigations, claims, penalties, demands, made by or served upon VisitKar by the respective merchants/brands and/or judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) allegedly arising in that regard, in whole or in part from any user attempting to defame, insult or offend any merchants/brands or by posting any content which is abusive defamatory or libellous for such merchants/brands.
LIMITATION OF LIABILITY
Although the information provided to you on this Website and/or our mobile application is obtained or compiled from sources which we believe to be reliable, neither VisitKar, nor any of its subsidiaries, directors, officers, employees, or any third-party vendor guarantee you the accuracy, completeness, comprehensiveness, timeliness or availability of any of the products, deals, services or other content provided through this Website and/or our mobile application.
Neither VisitKar, nor any of its subsidiaries, directors, officers, employees, or any third-party vendor shall be liable for the purchase by you of products, services or deals based on suggestions or advice shared on our discussion forums or by users and visitors of our Website and/or our mobile application or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you, in the event of any failure or interruption of the VisitKar website, or from any other cause relating to your access to, inability to access, or use of the VisitKar Website, whether or not the circumstances giving rise to such cause may have been within the control of VisitKar or of any vendors providing software or support services to VisitKar.
VisitKar shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. VisitKar shall have no responsibility to provide you access to our Website and/or our mobile application whilst such unforeseen delays or interruptions continue.