Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under  as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.Gizmocart.in website.

User Agreement

Your use of a Gizmocart website {including www.gizmocart.com (hereinafter referred to as "the Website") and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website and the general principles for other Gizmocart websites of our subsidiaries and international affiliates. If you transact on any Gizmocart website other than the Website, you shall be subject to the policies that are applicable to the Gizmocart sites for such transaction. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 1st November, 2013 ("User Agreement"). If you reside in India, you are contracting with Gizmocart, a registered office at Shiva G2, #48/10, 13th Main road

Lakshmaiah Colony, GanganagarBangalore - 560024, Karnataka (India).These terms and conditions constitute your binding obligations towards these respective contracting entities (hereinafter individually and collectively referred to as “Gizmocart”).

For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id..

As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance.. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Gizmocart Rules and Policies , please do not click on the "check box " and on the ”continue” button or “Pay Now” button and do not seek to obtain access to or otherwise use the Website.

Amendments: Gizmocart may amend this User Agreement and/or Gizmocart Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to you via Gizmocart Website’s Announcement Board (hereinafter referred to as an “AB Post”). The revised version will be effective at the time Gizmocart posts it on the Website / AB Post. In addition, if the revised version of this User Agreement includes a Substantial Change, Gizmocart will provide you with 30 days' prior notice of such Substantial Change/s by an AB Post or as per the Notification Preferences provided by you to Gizmocart. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in Gizmocart Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Gizmocart Rules and Policies as provided from time to time in the following hyperlinks:

1. Gizmocart Rules and Policies.

2. Gizmocart Privacy Policy.

Please note: various underlined words and phrases are hyperlinked to various rules and policies on the Website. By accepting this User Agreement, User also agree that your use of respective country’s Gizmocart website by the user agreement,  privacy policy and other rules and policies posted on those websites.

1. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. Gizmocart reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Gizmocart’ s notice or if it is discovered that you are under the age of 18 years.

  • Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

 

  • Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.

 

2. Your Account and Registration Obligations

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by Gizmocart's registration form or provided by You as Guest User  (such information being the "Registration Data") 2. You must not include any of your contact details such as email addresses etc. in your User ID while registering as Registered User; and 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Gizmocart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Gizmocart has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

3. Electronic Communications

When You use the Website or send emails or other data, information or communication to Gizmocart, You agree and understand that You are communicating with Gizmocart through electronic records and You consent to receive communications via electronic records from Gizmocart periodically and as and when required. Gizmocart will communicate with you by email or by an AB Post notice or electronic records on the Gizmocart Website which will be deemed adequate service of notice / electronic record.

4. Fees and Services.

Membership on the Website is free. Gizmocart does not charge any fee for browsing, bidding and buying on the Website. Gizmocart reserves the right to change its Fee and Credit policies from time to time. In particular, Gizmocart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Gizmocart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Gizmocart India Private Limited within such time as specified in the invoice.

4.1 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

4.2 Non payment: Gizmocart reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Gizmocart. Gizmocart also reserves the right to take legal action in case of non-payment of fees by you to Gizmocart.

5. Use of the Website

5.1. You understand and agree that Gizmocart and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Gizmocart neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Gizmocart has no control over the third party user generated contents.

5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

2. Your Information (or any items listed):

The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information..

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or  item that:

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) Harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rightsor  third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(e) violates any law for the time being in force;

(f) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) Impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(i) Threatens the unity, integrity, defense, 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.

(j). shall not be false, inaccurate or misleading;

(j) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Gizmocart does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed.

(k) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

(l) Shall not link directly or indirectly to or include descriptions of items, goods or services that:

  • are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
  • are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
  • are concurrently listed for sale on a web site other than the Website;

3. Solely to enable Gizmocart to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Gizmocart will only use Your Information in accordance with the User Agreement and Gizmocart's Privacy Policy.

4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

5. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Gizmocart of the same. If you are a Registered User, you may contact Gizmocart

6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.

7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder  as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

8. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.

9. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Gizmocart as detailed in following linkand incorporated by way of reference in this Agreement.

6. Platform for Communication the Website is only a venue where Users may meet and interact with one another for their transactions. Gizmocart is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:

1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Gizmocart does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.

2. Gizmocart is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User).  Gizmocart cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Gizmocart shall not and is not required to mediate or resolve any dispute or disagreement between Users.

3. Gizmocart does not make any representation or Warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Gizmocart does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Gizmocart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

4. Gizmocart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

5. Gizmocart does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.

6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Gizmocart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with Gizmocart nor shall Gizmocart have any obligations or liabilities in respect of such contract. Gizmocart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

7. At no time shall any right, title or interest over the items vest with Gizmocart nor shall Gizmocart have any obligations or liabilities in respect of such contract. Gizmocart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

9. You release and indemnify Gizmocart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Gizmocart cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.

7. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the India that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available. If you object object to your Information being transferred or used in this way please do not use the Website.

7A. Your Consent:

By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by Gizmocart in accordance with Gizmocart Privacy Policy.

8.  Facility

With Facility, Payments for items on the Website can be made through the electronic or through Cash on delivery transactions, as may be permitted by Gizmocart to the website seller(s) in its sole discretion.  Facility also enables automated collection and remittance services.  using the current Indian banking and credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.  Facility could be availed under User Agreement, Seller Terms and Conditions and other Rules and Policies. You would be asked by Gizmocart to separately accept the aforesaid User Agreement, Seller Terms and Conditions and other rules and policies as may be required and applicable for your nature of activities.

9. Breach

Without limiting other remedies, Gizmocart may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

1. If you breach the User Agreement or Privacy Policy or User Agreement or Seller Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference;

2. If Gizmocart is unable to verify or authenticate any information you provide; or

3. If it is believed that your actions may cause legal liability for you, other Users or Gizmocart. Gizmocart may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Gizmocart or use the Website in any manner whatsoever until such time that such User is reinstated by Gizmocart. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Gizmocart reserves the right to recover any amounts due and owing by you to Gizmocart and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for

10. Gizmocart Guarantee*

The Gizmocart Guarantee* seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the Gizmocart Guarantee*. The coverage under this program is restricted to such amount as may be provided in the Gizmocart Guarantee*.

For this purpose the buyer needs to follow certain steps set out in the Program fully detailed and review the Gizmocart Guarantee* Eligibility and Claims Process more fully detailed on the Website.

•           If Gizmocart has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Gizmocart may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.

•           Gizmocart reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides  false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Gizmocart may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members 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.

12.A Buyer Protection for transactions on other Gizmocart sites:

If you list your items for sale internationally and/or otherwise offer to make your products available to buyers in other countries, you may be subject to the policies that are applicable to the Gizmocart sites on which you list or where your items appear.  Specifically, the Gizmocart Buyer Protection Policy of the site where the buyer buys the product may apply to your transaction.

We may require sellers to comply with resolution process under the applicable Gizmocart Buyer Protection Policy of other Gizmocart sites.  Sellers hereby permit Gizmocart to make a final decision, at its sole discretion, on any claim that a buyer files with Gizmocart under the applicable Gizmocart Buyer Protection Policy of the Gizmocart site if the buyer and seller do not reach resolution, and the seller does not provide information requested by Gizmocart.  If a dispute is resolved in the buyer's favor, the buyer will be granted a refund for the cost of the item and the original shipping as described in the applicable Gizmocart Buyer Protection Policy of other Gizmocart sites, Gizmocart reserves the right to require a seller to reimburse Gizmocart for such refund. Sellers must have a reimbursement method on file with Gizmocart. Gizmocart reserves the rights to at its sole discretion to recover the refund from the seller and/or apply certain restrictions or suspension of seller privileges for the seller’s transactions on the Website or other Gizmocart sites.

 

15. Feedback

We encourage Registered buyers and sellers on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. Gizmocart will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.

You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Gizmocart reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.

Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by Gizmocart, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.

Import - We do not provide the technical ability to allow you to import feedback from other websites to Gizmocart because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

16. No Warranty

Gizmocart and its suppliers, affiliates and service provider provide the Website and services including “as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website and is at your risk.

17. Limitation of Liability

In no event shall Gizmocart or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and  Facility, its services or this agreement (however arising, including negligence).

Gizmocart's liability in any circumstance is limited to the amount of fees, if any, paid by you to Gizmocart. Gizmocart, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or  Facility will be error free and/or uninterrupted. Consequently, Gizmocart assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or  Facility; and  Rules and Polices which are incorporated by way of reference in this Agreement.

2. Any interruption or errors in the operation of the Website or Facility. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Gizmocart has been advised of the possibility of such damages).

18. Indemnity

You shall indemnify and hold harmless Gizmocart and (as applicable) Gizmocart’s parent, subsidiaries, affiliates, third-parties 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 the User Agreement, Gizmocart Rules and Policies,  User Agreement,  Seller Terms and Conditions and  Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

19. General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Gizmocart and you shall have no authority to bind Gizmocart in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Gizmocart to Shiva G2, #48/10, 13th Main roadLakshmaiah Colony, GanganagarBangalore - 560024, Karnataka (India). (in the case of Gizmocart) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between you and Gizmocart with respect to the subject matter hereof.

In Gizmocart’s sole discretion, Gizmocart may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Gizmocart assigns the Agreement on the same terms or terms that are no less advantageous to you 19A. Grievance Officer:In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.

20. Arbitration

If any dispute arises between you and Gizmocart during your use of the Website or  or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement,  User Agreement and  Seller Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Gizmocart. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

21. Governing Law

The User Agreement, U Seller Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.