Terms of Use

Hipkart.com is a virtual Jurisdiction that allows the buying and selling of handmade, vintage, antique, designer and commercially sourced crafting goods. Hipkart.com is not directly involved with any transaction or associated agreements made between parties who engage in the buying and/or selling of goods on the site (Hipkart.com). As such, Hipkart.com can not guarantee the quality, legality, authenticity or safety of any products listed or the accuracy of the listings. Hipkart accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website.

To access and utilize the resources on this site you must be a registered user or comply with the following restrictions: Hipkart's services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that Hipkart shall not be held responsible for any damages incurred by non-commitment to this policy.

Further, you as either a registered or non-registered user, agree to comply with the TOU of Hipkart and decisions of Hipkart staff, and shall not act in a manner that hinders or prohibits Hipkart from conducting business or damages the integrity of the marketplace. Users hereby agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.

Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at anytime without notice. Access to a merchant seller account and seller functions requires a verified payment method and contact information. As part of the Terms of Use, seller account services requires agreement to the fees and billing policy outlined below. It is the sole discretion of Hipkart to grant site usage, as well as to revoke site usage at any time, for any reason and without notice. By your use of the site you agree that Hipkart is not liable to you or any third party for the termination of your account, or restriction from website usage. Hipkart retains the right to refuse service to any member and suspend any users account at its sole discretion.

Shoppers

Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at anytime without notice by Hipkart.com

Commissions

Hipkart does not charge per transaction or per sale commission from the sellers. Seller can sell their items freely as long they are not restricted items as per our restricted items list.

Plans

Hipkart does not have any monthly plans to operate and run your store.

Store Impressions

Every store is loaded with free startup quota of store product impressions, usually enough to run a store for several months at no cost. Store owner can buy and add more impressions when quota is exhausted. You can use the Profit Calculator to understand the impression cost calculated in CPM ( Cost Per Mile or Cost of Thousand Impressions ) Click Here !

Hipkart does not control the content posted by users. If you find content presented by users that you deem offensive, harmful, or derogatory, you may contact us via [email protected]. Hipkart provides an open community and embraces the free speech of users on the site within the limitations set forth in this TOU and decisions made by Hipkart.com staff

For disputes between users and Hipkart, please contact Hipkart directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.

In the event that a dispute arises between one or more users of the Hipkart site or a 3rd party, Hipkart will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, Hipkart has no obligation to mitigate or resolve disputes between users and other parties. Hipkart encourages users to use the proper local, national or international authorities to assist in dispute resolution.

Hipkart users are welcome to utilize our community to make connections, collaborate, promote their shops, report issues, or have conversations with new found friends and business owners. Community space includes all areas where user submitted content is published and available for the public or other users to review or read. These areas include the forums, blogs, comment sections, favorite lists, shop introductions, vacation messages, bios, tutorials and policies.

To ensure that Hipkart continues to be a space that is welcoming, safe and respectful, we ask that you follow these common guidelines:

1. Users must be 18 years of age or older to participate in the community spaces unless under constant supervision of a parent or guardian.
2. Use the Hipkart Messaging system to conduct business or converse with other users privately. Spamming or harassment via the message system is not allowed.
3. Respect everyone's privacy. Don't share personally identifying information about yourself, your buyers, or other users in public areas of the site.
4. Do not use any of the community spaces or tools to interfere with or denigrate another user or the Hipkart marketplace in general.
5. Be respectful and professional. Aggressive, threatening, harassing, vulgar or hateful language posted in community spaces is not tolerated.

As a member of the Hipkart community, you have the opportunity to flag or report an item or a shop that doesn't meet these Hipkart Community Guidelines. Flagging and reporting behavior that you believe to be damaging to another member or the community in general is handled confidentially.

All users of Hipkart.com must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. Hipkart will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting on Hipkart.com. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted to and displayed on Hipkart.com.

Products on Hipkart.com are currently listed into specific top-level categories based on how the product is made. Your product listing must not misrepresent to buyers the origin or condition of the product. Hipkart.com may review and recategorize listings at its own discretion and without notice. Failure to consistently categorize products accurately may result in the restriction of category options available to a user, suspension or removal from the site.

The follow guidelines can be used to help determine the most appropriate top-level category for your listings:

Handmade

Item must be altered to add value by the merchant using handmade or finished components.

Digital

Digital items or items printed by a merchant that include licensed imagery are considered commercial works and must be listed in the commercial top-level category.

Fine Art

Item's copyright is owned by the merchant. Items may include original works or quality reproductions made by the merchant or qualified third party.

Media

Item's copyright is owned by the merchant who is selling authorized digital or physical reproductions of their own work. Any media whose copyright is not owned by a merchant should be listed in the commercial top-level category or vintage category depending on age.

Design

Item must be designed by the merchant. Third party manufacturing of the merchant's original designs is acceptable.

Vintage

Item must be at least 20 years old and have some collectible or artistic value.

Craft Supplies

Item must be a traditional craft supply or manipulated and packaged with the intent to be a craft supply.

Commercial

Item is not on the list of Prohibited Items and does not otherwise violate the Terms of Use.

Loopholes / Passthroughs: Items that are considered by Hipkart.com to be loopholes or passthroughs attempting to circumvent the category guidelines may be removed or recategorized at Hipkart.com's discretion without notice.

Depending on the intent of an item and the components used, an artistically arranged item can be categorized using the following guidelines:

Handmade Artistically Arranged Items

Wreaths, Cakes & Chocolates, Plants, Animals, Centerpieces:

1. The item arrangement is artistically created with intent to be used as decoration in the short-term and potentially as a long-term keepsake.
2. There exists no clear intent to resell finished components (loophole) without artistic or added value.
3. The item arrangement does not include prohibited items.

Gift Baskets:

1. Basket with items which does not include prohibited items .

Commercial Artistically Arranged Items

Provided the items being arranged are not otherwise prohibited, any artistically arranged item can be sold in the commercial marketplace.

1. Firearms
2. Explosives
3. Dangerous Chemicals
4. Any item that which in whole or in part is subject to a recall.
5. Stolen Items
6. Fireworks
7. Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18.
8. Drugs
9. Alcohol
10. Tobacco
11. Mass produced electronics
12. Protected antiquities
13. Real estate
14. Ivory or animal products from endangered species collected illegally
15. Motor vehicles, or parts for motor vehicles or recreational vehicles
16. Items that violates Terms of Service or Terms of Use
17. Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item.
18. items not in your possession or items you don't intend to deliver
19. Illegal, counterfeit or contraband items of any sort.
20. Items, materials or products that are copyrighted, trademarked or patented by another party.
21. Pirated materials.
22. Replica items, including designer items.
23. Personal data or information.
24. Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort.
25. Misrepresented items or products.
26. Harmful, harassing, intimidating or defamatory materials, products or items.
27. Hazardous materials, products, or items.
28. Prostitution or other similar services.
29. Any product or service that Hipkart.com determines to be inappropriate, harmful, fraudulent, or illegal.
30. Mature items intended for adults due to language or imagery that falls outside of the traditional acceptable standards for broadcast television that are not properly identified as "mature" in the listing process.

All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of Hipkart.com. Hipkart reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs of the community determine. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.

A) Cost of Seller Account Holders: There is no setup or monthly cost for Seller account, but there is monthly credit quota for store impressions.

B) Payment Form limitations for Seller Account Holders: Seller Account Holders may only accept credit card payments for goods and services on Hipkart and only via the preferred Hipkart Gateway and processors (Paypal & Payu).

C) Product Listings - Seller Account Holder will provide, in an acceptable format, accurate and complete product information for each product listed in the Hipkart Marketplace as required by Hipkart. Seller Account Holders will maintain reasonably accurate and up to date inventory numbers for all items via an agreed upon software mechanism.

D) Order Processing - Hipkart will provide Seller Account Holder holders order information for each sale of their products through the site. Seller Account Holder Holders must begin processing orders within 24 hours and must ship products within three days of the original order's transaction date unless otherwise instructed by Hipkart. Orders that cannot be processed in this timeframe for any reason must immediately be reported to Hipkart. Initiation of order shipping within 3 business days of receipt of order is considered reasonable. Seller Account Holder are expected to outline shipping time frames and process on their policies page on the Hipkart platform.

E) Customer Feedback - Mechanisms may be provided by Hipkart that allow customers to rate their order and/or experience with a particular transaction or seller. Feedback gathered by Hipkart concerning Hipkart transactions may be made publicly available.

F) Shipping and Handling - Seller Account Holders will process and ship orders in a reasonable manner. This includes adequately packaging orders so that they arrive undamaged, including an order specific packing slip, and shipping an order within the standard order processing timeframe.

G) Refunds/Returns: Any refunds or returns will be handled by the Seller Account Holder between him and his buyer using their paypal accounts.

H) Customer Service inquiries and Complaints: All customer inquiries and complaints will be directed to the customer service department of the Seller Account Holder. Hipkart provides no customer service support for end consumers of the Seller Account Holder.

J) Spam: The Seller Account Holder will not attempt to transition any transaction off site, to another channel or to any other commerce outlet that is initiated on Hipkart.com to spam.

K) Shipping: Shipping rates must be set for individual items based on one of the following systems.

1. A dollar amount schedule for total retail sale.
2. Shipping per item per country plus a weight per pound charge.

M) Inventory/Over Selling: Seller Account Holders are responsible for managing inventory and ensuring that overselling is minimized. Consistent overselling will be cause for account status review by Hipkart and may result in a termination of the Seller Account Holder Status.

N) Additional content, comments and cross item promotion: Hipkart may place end user, reviewer, or purchaser comments and ratings as well as similar or cross-promoted items from the Seller Account Holder on the item and shopping or search results page for all Seller Account items and pages to improve the overall shopping experience.

O) Credit Card Fraud/Chargebacks: As Seller Account Holders have individual processor agreements with Paypal and Payu they are responsible for handling chargebacks and fraud reports if they arise. Hipkart will provide supporting documentation or other information to assist in processing such cases upon written request from the Seller Account Holder including the Hipkart transaction number and date. Any commission paid to Hipkart for a sale that is later rescinded due to chargeback or fraud claim will be returned to the Seller Account Holder upon confirmation of the chargeback or fraud claim.

All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by Hipkart, Hipkart staff, or contractors of Hipkart are considered the trade dress of Hipkart.com. Any and all data aforementioned is copyrighted and may not be used without the express written permission of Hipkart or its officers, managers, agents and/or staff.

Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator. By accessing the site and uploading content the creator agrees to grant worldwide non-exclusive right to re-publish said content for the purposes of promoting or providing benefit to the web community and properties of Hipkart.

This license extends to the reasonable lifetime of any promotional tool. Hipkart.com does not seek to engage in resale or to deprive the artist of income from potential licensing agreements with third parties. In order to facilitate this please send any requests for specific action along with proof of copyright ownership to our legal agent:

Hipkart.com

Attn: Marketplace Integrity Division

Email: [email protected]

Copyright and Intellectual Property Infringement Policy

Hipkart.com uses the following policy to handle all forms of intellectual property infringement in accordance with the Digital Millennium Copyright Act and U.S. intellectual property laws in general. Hipkart.com responds to this form of notice from any country or jurisdiction.

Hipkart.com's designated agent can be reached via email at: [email protected]an address for physical mail is listed above.

Hipkart.com may take any or all of the following actions in response to a proper notice including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) removing repeat offenders.

Preferred Intellectual Property Infringement Notice Procedure

Misrepresenting a product or activity as infringing your property may cause you to be liable for damages. If you are not sure if the material in question infringes your property you may wish to speak with an attorney prior to contacting Hipkart.com.

To send a notice of infringement for material residing on Hipkart.com that you believe infringes your intellectual property you may send notice to Hipkart.com's Designated Agent via email to [email protected] or to the address listed above. Please note the type of intellectual property your notice addresses and include all of the following:

1. An electronic or physical signature of the complaining party or person authorized to act on their behalf.
2. Identification of the material or works claimed to be infringed. For patents or trademarks please include a number sufficient to locate the registration.
3. Identification of the claimed infringing materials and information that is reasonably sufficient to locate the infringing material. For products please include a full url of each product you claim is infringing.
4. A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
5. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].
6. Contact information for the notifier including name of property owner, name of the owner's agent contacting Hipkart.com (if applicable), address, telephone number and email address.

Only the actual copyright/trademark owner or legally authorized agent can send a proper notice. Unaffiliated third party claims are not acceptable challenge to seller(s) items. Please note that falsely or incorrectly requesting takedown under the DMCA may make the requester liable for damages. By submitting a notice you are certifying that you have researched the appropriate rulings and laws regarding infringement notices and you accept the liability for false or damaging takedown requests. Hipkart.com may inform the alleged infringing party of the notice including providing a copy of the notice itself and the notifying party's contact information.

Takedown of Alleged Infringing Material

If a proper notice is received by Hipkart.com's Designated Agent, items or other material will be taken down pending a response from the user. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.

Hipkart.com can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. Users whose content is removed have 3 business days to respond to the notice with a counter notice. As Hipkart.com will forward this response (counter notice) to the claimant, the response should be directed to the claimant and Hipkart.com should be copied on that response.

Re-listing items containing the intellectual property that has been previously removed without sending a counter notice; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the Hipkart.com TOU and may result in cancellation of the account. Repeated violations of intellectual property or being subject of similar or repeated infringement notices may also constitute grounds for service cancellation.

Preferred Counter Notice Procedure

If a user provides a proper "counter-notice" claiming that the material does not infringe the intellectual property at issue, Hipkart.com will inform the notifying party of the individual's objection. If the property owner does not file for legal action with a court within 14 days, Hipkart.com will restore the material t on the site.The User's response should include:

1. The User's name, address, phone number and physical or electronic signature
2. Identification of the material and its location before removal
3. A statement under penalty of perjury that the material was removed by mistake or misidentification
4. Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.
5. Claims of fair use, homage, artistic use, or other defenses of copyright infringement are the purview of the courts and not sufficient to counter a bona-fide notice of infringement for the application of Hipkart.com policy. Failure to provide a counter-notice within 14 business days is taken as agreement to the removal of the material in question and agreement to desist from publishing any content on Hipkart.com containing the specific intellectual property identified in the bona-fide notice.

Hipkart.com may at its discretion forward the counter-notice and materials to the party making the claim of infringement. Items may or may not be inactivated pending legal resolution solely at the discretion of Hipkart.com

If no counter claim is made, Hipkart.com will require and enforce the removal of the material question. Adding any content to Hipkart.com that contains the intellectual property in violation of court order or successful claim of infringement constitutes a violation of the Hipkart.com TOU and may result in cancellation of the account.

Transparency in Communications

In an effort to ensure clear communication of the concerns of intellectual property rights holders, Hipkart.com may at its sole discretion publish any legal communication, takedown request, cease and desist order, email, letter, fax, or other correspondence as it sees fit to fully communicate the position, stance and tone/tenor of the claimant or counter claimant. In submitting any communication to Hipkart.com or our representatives or agents regarding any legal or intellectual property right claim, the claimant, legal agent, representative or author of such correspondence (and all of their successors, assigns or subsidiaries) grant worldwide perpetual non-exclusive copyright to Hipkart.com of such correspondence and waives any and all claims to privacy, confidentiality, proprietary information or trade secret status of any and all communication regardless of format or channel.

Designated Agent

Please send all correspondence regarding notices of infringement or counter notices by email to: [email protected]

You may also contact the Designated Agent at the following address:

Hipkart.com

Attn: Marketplace Scrutiny Division

Hipkart.com strongly encourages all parties involved in intellectual property disputes to secure the services of legal professionals. Hipkart.com cannot offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counter claim or other legal communication. There are many web- based resources to learn about the DMCA and intellectual property laws. Hipkart.com encourages all members to learn about and understand the laws regarding these issues.

A summary of the Digital Millennium Copyright Act can be found at:

http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here:

http://www.copyright.gov/legislation/hr2281.pdf

The U.S. federal copyright code can be found here:

http://www.copyright.gov/title17/92chap5.html

The full text of the Lanham act can be found here:

http://www.bitlaw.com/source/15usc/

More government-provided information on copyrights can be found here:

http://www.copyright.gov

Many universities maintain useful public information regarding copyrights, including:

http://www.law.cornell.edu/wex/index.php/Copyright

http://fairuse.stanford.edu/

Further Trademark, DMCA and copyright articles, information and resources

http://www.tabberone.com/Trademarks/trademarks.html

By registering as an Hipkart.com user or accessing the site you hereby agree that:

You use the Hipkart.com site and service with the knowledge that it is at your own risk. The website and service are provided "as is" and there is no warranty or guarantee implied as it pertains to availability, access, or transaction.

Hipkart and its officers, managers, agents, staff, suppliers, subsidiaries, and affiliates are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the Hipkart site and services.

No advice, communication or other information provided by Hipkart and its officers, managers, staff, suppliers, subsidiaries and affiliates shall create any warranty our guarantees.

If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.

These terms and any dispute arising there from shall be governed by the laws of Ukraine.

By accessing this site the end user agrees that the maximum compensation for any dispute or claim shall be limited to the total dollar amount paid by the end user to Hipkart.com for services.

By executing any transaction or viewing or using any portion of this site you agree to hold harmless Hipkart.com its parent companies, subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of this agreement, accessing this site or engaging in any transaction or interaction stemming from the access of this site

Hipkart is a product discovery network platform which also provides various essential e-commerce related tools and service to online store owner for free of cost . It only charges CPM (Cost Per Mile) a well defined standard used in advertising industry for charging display ads, Google, Facebook and Yahoo etc charge same way. Hipkart only charges an impression when a visitors views a product/s display image/s, which may be displayed across a vast discovery network . This give the online store owner an advantage because impressions are only charged when prospective buyer/s are looking at the product/s and pay nothing at all otherwise for other services like store hosting, seo and bundled of other tools and service.

Product impressions are number of unique IP addresses (visitors) that view your product display image within 24-hours period. Daily counts are added to calculate one CPM (COST PER MILE/1000 Product Views). We don’t count robots (e.g Google search bot) against your total.