Buyer and Seller Protection

Fourkart Protection Act

In case of a dispute where the seller refuses to provide a refund or a replacement, the following are the guidelines to be followed:

1. Buyer should write to resolution@fourkart.com providing full details within 45 days of delivery of item
2. Fourkart will validate if Buyer is genuine and not blacklisted

• Fourkart will facilitate a teleconference meeting between Buyer and Seller

1. The outcome of the meeting would be binding on all parties involved
2. Fourkart does not guarantee refund or replacement in this clause

If Fourkart has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Fourkart may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

Fourkart 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, Fourkart 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. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Policy for Digital Music and Content

Music (MP3 format): Only certain short-listed Seller (at the sole discretion of Fourkart) shall be entitled to sell Music (MP3 format) on the Website.

Territory: Currently You can purchase downloadable digital MP3 music only through the Website as may be made available from time to time on the Website, only within the territory of India.

Rights Granted: Music download right is a non-exclusive, non-transferable right to use for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the MP3 music file only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that You will use the MP3 music file only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the MP3 music file. You agree that You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use MP3 music file. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for MP3 music file. You acknowledge that the MP3 music file embodies the intellectual property of a third party and is protected by law.

Explicit Consent: You agree that we shall have no liability to You for MP3 music file downloaded by You on the Website if You find the same to be offensive, indecent or objectionable and expressions through the audio files are not subscribed by us.

Cash on Delivery as a mode of payment is not available for purchasing MP3 music on the Website currently.

All Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3 music files are final. Returns of MP3 music files are not permissible on website. Once You have purchased MP3 music files, Fourkart encourages You to download it promptly. If You are unable to complete a download, please contact customer service within 6 hours of the payment.

Further Fourkart assumes no liability if your media player does not support the file format made available by the Seller on the Website or your browser does not support the music download application / software available by the Seller on the Website, by whatever name called.

You bear all risk of loss after purchase and for any loss of MP3 music files You have downloaded, including any loss due to a computer or hard drive crash.

Seller may, from time to time, at its sole discretion, remove MP3 music files from the Service without notice.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the music available on the Website is the sole and exclusive property of third parties. Seller represents and warrants that Sellers are authorized by such third parties to upload the music on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Fourkart as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

Your request to download a MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.

Software: Seller may make available to You, from time to time, software for Your use in connection with the download of MP3 music files (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of MP3 music files on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

 

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no event shall Our or software licensors' total liability to You for all damages arising out of or related to your use or inability to use the Software and / or download manager or any other application exceed the amount of and (ii) in no event shall Our or Our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

 

Profanity Policy

Fourkart 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 Website; or email communication between Users in relation to transactions conducted on Website 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.

Fourkart 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:

1. Limits placed on account privileges;
2. Loss of special status;

• Account suspension.

Fourkart 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 Fourkart is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Fourkart shall have the right to delete the customer review. Fourkart shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

 

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Fourkart. Fourkart encourages its Users to be professional, courteous and respectful when communicating by email.

However, Fourkart will investigate and can take action on certain types of unwanted emails that violate Fourkart policies. Some instances of Email abuse are listed below:

1. Threats of Bodily Harm - Fourkart does not permit Users to send explicit threats of bodily harm.
2. Misuse of Fourkart System - Fourkart allows Users to facilitate transactions through the Fourkart system but will investigate any misuse of this service.
3. Spoof (Fake) email - Fourkart 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.
4. Spam (Unsolicited Commercial email) - Fourkart's spam policy applies only to unsolicited commercial messages sent by Fourkart Users. Fourkart Users are not allowed to send spam messages to other Users.
5. Offers to Buy or Sell Outside of Fourkart - Fourkart prohibits email offers to buy or sell listed products outside of the Fourkart Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Fourkart 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:

1. Limits on account privileges
2. Account suspension

• Cancellation of listings

1. Loss of special status

 

Clauses

Indemnity

You shall indemnify and hold harmless Fourkart, 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 Website is presented solely for the purpose of sale in India. Fourkart make no representation that materials in the Website 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 Fourkart 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 Fourkart 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 Website 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 website 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

Fourkart respects the intellectual property of others. In case You feel that Your Trademark has been infringed, you can write to Fourkart at infringement@Fourkart.com or ss@Fourkart.com.

Product Description

Fourkart we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

In no event shall Fourkart 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.

 

Other Businesses

Fourkart does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third-party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third-party websites of Our affiliated companies and certain other businesses for which, Fourkart assumes no responsibility for examining or evaluating the products and services offered by them. Fourkart do not warrant the offerings of, any of these businesses or individuals or the content of such third-party website(s). Fourkart does not endorse, in any way, any third-party website(s) or content thereof.

 

Disclaimer of Warranties and Liability

This Website, 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, Fourkart does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

Fourkart 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 Website. Fourkart does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website 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 Website. 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 will not use your personal information to initiate any promotional phone calls or SMS.

 

Contacting the Seller

At Fourkart we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the Fourkart protection clause. 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 Fourkart