Terms & Conditions

Infiniti Mart Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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 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.InfinitiMart.com website.


Your use of a InfinitiMart website {including www.InfinitiMart.com (hereinafter referred to as the “Website") and its related sites, services and tools} is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of Infiniti Mart and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours India Standard Time 5th August, 2011 ("User Agreement"). InfinitiMart.com is an internet based portal owned and operated by 
Infiniti Mart; a company incorporated under Companies Act, 1956 having its registered office at 14 Damzen Lane Kolkata-700073 West Bengal, India.
For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '“you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and 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/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “InfinitiMart” shall mean 
Infiniti Mart (InfinitiMart.com) and includes its associates, affiliates and subsidiary (ies).
The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by InfinitiMart at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, '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 'Buy Now' button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Gurgaon.
Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.

Amendments:


When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement,, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting this User Agreement, you also accept and agree to be bound by InfinitiMart.com Rules and Policies as provided from time to time in the following hyperlinks:

1. InfinitiMart.com Policies & Rules.

2. InfinitiMart.com Privacy Policy.

Please note: various underlined words and phrases are hyperlinked to various rules and policies on the Website. By accepting this User Agreement, you also agree with the user agreement, privacy policy and other rules and policies posted on the websites of different countries where users belong to respectively.

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 except through your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. InfinitiMart.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our 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 to accept this User Agreement and you have the authority to bind your 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. As a guest user, buyer will not be eligible for reward points and all other benefits that are not assignable to a non-registered user.

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 phone number and restricting access to your computer, computer system and computer network. You are responsible for all activities that occur under your User ID and Password (if registered) or email id and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your phone, the details of which are used to transact services with InfinitiMart.com. You agree, inter alia, to: (i) Provide true, accurate, current and complete information about yourself as prompted by InfinitiMart.com's registration form or provided by you as Guest User (such information being the "Registration Data") (ii) You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and (iii)Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iv) You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and (v) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete or InfinitiMart.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, InfinitiMart.com 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. InfinitiMart.com shall not be liable for any loss or damage arising from your failure to comply with this Clause 2. 3. Electronic Execution and Communications When you use the Website or send emails or other data, information or communication to InfinitiMart.com, you agree and understand that you are communicating with InfinitiMart.com through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or through any other InfinitiMart services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.

3. Electronic Execution and Communications


Membership on the Website is free. InfinitiMart.com does not charge any fee for browsing and buying on the Website. However, before you list an item for sale through the Website, we request you to review our


Fees and Credit Policy, which is hereby incorporated by reference into this agreement. InfinitiMart.com reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Infiniti Mart within such time as specified in the invoice.

4. Fees and Services


Membership on the Website is free. InfinitiMart.com does not charge any fee for browsing and buying on the Website. However, before you list an item for sale through the Website, we request you to review our


Fees and Credit Policy, which is hereby incorporated by reference into this agreement. InfinitiMart.com reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Infiniti Mart within such time as specified in the invoice.

4.1. 4.1. How fee is charged and payment schedule. We process online payments on behalf of merchants and send the money to merchant after deducting our service fees. Merchants do not have to deal with online payments as we take care of it. The merchants need to provide certain banking and accounting information to set-up online bank transfer account. We have a weekly payment cycle. Every Friday, the money (i.e. order final value minus our service fees) pertaining to all orders completed two weeks prior to the relevant Friday will be electronically transferred to your mentioned bank account.

4.2. 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.

4.3. Non-payment: InfinitiMart.com 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 all current and future use of the Website in case of non-payment of fees by you to InfinitiMart.com. InfinitiMart.com also reserves the right to take legal action in case of non- payment of fees.

5. Use of the Website


5.1. 5.1. You understand and agree that InfinitiMart 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. InfinitiMart.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. InfinitiMart.com has no control over the third party user generated contents and does not provide any guarantee with respect to any such content and InfinitiMart shall not be held liable for any loss suffered by you based on your reliance on or use of such data/content.

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

5.2.1. 5.2.1. “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), 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.

5.2.2. Your Information (or any items listed):

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.

5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that 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 do not have any right;

(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 rights or 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). involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

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

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

(h). impersonate another person;

(i). 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;

(j). 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

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

(l). 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, InfinitiMart.com 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 at http://InfinitiMart.com/policies-and-rules.html 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

(m). 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;

(n). 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;


5.2.4. InfinitiMart.com shall have the right to use Your Information as provided by you and such usage of your information by us does not amount to violation of 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. InfinitiMart.com will only use Your Information in accordance with the User Agreement and InfinitiMart.com's Privacy Policy.

5.2.5. 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.

5.2.6. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform InfinitiMart.com of the same at info@InfinitiMart.com.

5.2.7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under 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. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972 ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of said the Act, and shall ensure that it is not delivered to buyer (as defined under the Buying section) at any place outside India.
5.2.8. 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.

5.2.9. 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 attributes of such items or services so as to mislead other Users in any manner. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

5.2.10. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to InfinitiMart.com as detailed and agreed in MOU signed by merchants/sellers.

6. Platform for Communication


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

6.1. 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 and after sales services related to goods and services. InfinitiMart.com 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.

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

6.3. InfinitiMart.com does not make any representation or warranty as to the attributes (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, InfinitiMart.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. InfinitiMart.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

6.4. InfinitiMart.com does not make any representation or warranty as to the attributes (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.

6.5. InfinitiMart.com does not at any point of time during any transaction between buyer and seller on Website come into or takes 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. InfinitiMart may provide fulfillment and logistics services to certain merchants/sellers but still does not take possession or title of any product or service sold.

6.6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. InfinitiMart.com 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 buyer. At no time shall any right, title or interest over the items vest with InfinitiMart.com nor shall InfinitiMart.com have any obligations or liabilities in respect of such contract. InfinitiMart.com 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.

6.7. At no time shall any right, title or interest over the items vest with InfinitiMart.com nor shall InfinitiMart.com have any obligations or liabilities in respect of such contract. InfinitiMart.com 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.

6.8. You shall independently agree upon the manner and terms