Terms & Conditions



Welcome to https://Businessekart.com/. The Website is owned and controlled by Prokart Business Solutions Private Limited a company incorporated under the laws of India having our registered office/principal place of business at 3rd Floor, 320, Hirabuag Business Centre, Hirabaug Chowk, Shukrawar peth, Pune - 411002. Your use of the Website and Services (as defined below) shall be governed in accordance with this Terms of Use (“Agreement”) along with the Privacy Policy, as modified and amended from time to time.
This Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 of the Republic of India and rules made thereunder. This Agreement does not require any physical, electronic or digital signature. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. The services that are being provided by Company vide the Site are subject to the conditions as mentioned herein.


1. APPLICABILITY OF THIS AGREEMENT

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND Prokart Business Solutions Private Limited. BY CHOOSING A SUBSCRIPTION PLAN, OR BY CLICKING ON I ACCEPT/I AGREE OR SUCH SIMILAR BUTTONS, OR BY USING THE WEBSITE, ITS SERVICES, AND FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, WHETHER YOU HAVE READ THE SAME OR NOT; This Agreement is subject to revision by Prokart Business Solutions Private Limited at any time. The revised Agreement shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in this Agreement. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.


2. ABOUT US

We are dedicated to fostering business connections globally, bringing together franchisors, business owners, suppliers, buyers, employers, prospective franchisees, investors, sellers, Investment Advisor’s, Company seeking investments & Business Sellers or person renting the businesses & its equipment’s and employees(“You/Your/Users”) .
Our website is designed to facilitate seamless interactions between prospective franchisees, buyers, and investors with sellers and franchisors of various businesses. (“Services”).
It's crucial to comprehend that our role is purely that of a venue/ platform, facilitating interactions and negotiations among our Users. Our platform have individuals affiliates (herein referred as “Business Agents”) who guide the Users on interaction with the other Users. We don't engage in the actual transactions between buyers and sellers, and we do not become a party to any sale contracts.. Therefore, any information provided by Business Agents should be independently verified by Users directly from the authorized owners of the prospective business. Users bear sole responsibility for any information conveyed by our Business Agents.

It is crucial to note that this Agreement does not establish any partnership, joint venture, or similar business relationships between our Platform and any other party. We do not offer any assurance regarding the outcomes of using our platform; success is entirely contingent upon the reputation of the respective businesses.

This agreement covers all services offered by Businessekart on the website, along with any additional terms and conditions applicable to specific services used/accessed by users. In case of a conflict or inconsistency between any provision in these terms and conditions and those of a particular service, the provisions specific to that service shall prevail. Businessekart reserves the right to change, modify, amend, or update this agreement at any time without prior notification to users, and the amended terms and conditions of use will be effective immediately upon posting. If you do not agree with the changes, you must cease using the service. Continued use of the service will indicate your acceptance of the revised terms.


3. USER ELIGIBILITY:

3.1. User(s) may also refer to any individual, or business entity/organization legally operating in India or other countries, utilizing and having the right to use the services provided by Businessekart. Our services are exclusively available to those individuals or companies capable of forming legally binding contracts under the applicable law. Hence, Users must not be minors as per Indian Law, meaning they must be at least 18 years old to be eligible for using our services.


3.2. Businessekart advises its Users that, while accessing the website, they must comply with the related laws. We are not liable for any potential consequences arising from user behavior during the use of our website. We retain the sole discretion to refuse service to anyone at any time. The service is not accessible to temporarily or indefinitely suspended members of the website.


4. INTELLECTUAL PROPERTY RIGHTS:

4.1. Businessekart is the sole owner or lawful licensee of all the rights to the website and its content. The website content includes its design, layout, text, images, graphics, sound, video, and more. These materials are protected by trade secrets and intellectual property rights under worldwide copyright and other laws. All title, ownership, and Intellectual Property Rights in the website and its content shall remain with Businessekart, its affiliates, or licensors, as applicable.


4.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Prokart Business Solutions Private Limited or respective third parties. You are not permitted to use the Marks without the prior consent of Prokart Business Solutions Private Limited or the third-party that may own the Marks.


4.3. All rights not explicitly granted under this agreement or by Businessekart are reserved. The information provided on this website is intended solely to offer general information for the personal use of the reader, who assumes full responsibility for its use. Businessekart does not endorse the accuracy or reliability of any content contained on, distributed through, or linked to the services provided on this website and through Business Agents, including advertisements. We are not responsible for any errors or omissions in the information provided. The content is provided "as is" without any guarantee of completeness, accuracy, timeliness, or the results obtained from its use.


4.4. Businessekart is not an expert in users' intellectual property rights and cannot verify if the listings posted on our Website infringe on such rights. We request Users’ assistance in identifying potentially infringing listings. Please note that taking down a listing does not indicate an endorsement of an infringement claim. Neither does the decision to decline taking down a listing imply that the listing is non-infringing or endorse the sale of goods in such cases.


4.5. The information presented on this Website has been compiled from publicly aired and published sources. Businessekart respects these sources and has no intention to infringe on the copyrights or businesses of the entities involved. We reserve the right, in our sole discretion and without any obligation, to improve, correct errors, or make omissions in any part of the service or the materials.


4.6. Businessekart respects intellectual property rights and expects its users to do the same. Users must not copy, download, reproduce, or redistribute any information, text, images, video clips, directories, files, databases, or listings available on or through the website without written permission. Using the content for any purpose not expressly permitted in this agreement is prohibited and may result in legal action. Users must not engage in any activity that infringes the intellectual property rights of others.


4.7. URL's/Sub-Domain Names assigned by Businessekart to its users are the exclusive property of Businessekart and may not be assumed to be permanent. Businessekart reserves the right to suspend, terminate, restrict access to, or edit URL's/Sub-Domain Names without prior notice. In such cases, Businessekart will not be liable for any direct, indirect, special, or other consequential damages.


4.8. Businessekart is not an expert in the Intellectual Property Rights of its users, and we cannot verify whether Users posting trade leads on our online marketplace have the right to sell the goods offered. We appreciate your cooperation in identifying listings that may potentially infringe on your rights, even if they may not be immediately evident. It is essential to note that Businessekart is not an arbiter or judge of disputes related to intellectual property rights.


4.9. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third-party and so expressly mentioned, Prokart Business Solutions Private Limited owns all Intellectual Property Rights to and into the trademark "Prokart Business Solutions Private Limited", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.


5. LINKS TO THIRD-PARTY SITES:

Businessekart may provide links to third-party sites for the convenience of users. We do not control the content and resources provided on these sites. Users are advised to review the terms and conditions and privacy policies of third-party sites before using them. Businessekart does not monitor these third-party sites and shall not be responsible or liable for their content, products, or services. Users acknowledge that they access third-party sites at their own risk.


6. TERM AND TERMINATION

1. The Agreement will continue to apply until terminated by either you or Prokart Business Solutions Private Limited as set forth below. If you want to terminate this Agreement with Prokart Business Solutions Private Limited , you have to initiate the termination process by sending an official email notification to support@Businessekart.com. This email shall clearly state the user's decision to deactivate their account and terminate the Agreement. Upon receipt of such notification, Prokart Business Solutions Private Limited will proceed with disabling the services associated with the user's account. This termination process and refund policy are applicable with the termination of this Agreement.

2. The majority of the content and certain features on the website are provided to visitors at no cost. However, You agree that Prokart Business Solutions Private Limited may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Prokart Business Solutions Private Limited determines that you have violated the terms of this Agreement.

3. Prokart Business Solutions Private Limited may, at any time, with or without notice, terminate this Agreement with You if:

. Prokart Business Solutions Private Limited is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

.Prokart Business Solutions Private Limited has elected to discontinue, with or without reason, access to the Website, or;

. In the event Prokart Business Solutions Private Limited faces any unexpected technical issues or problems that prevent the Website from working.

4. If Businessekart terminates a user(s) membership, the User(s) will not have the right to re-enroll or join Businessekart under a new account or name unless formally invited to do so by Businessekart. In the event of termination, no membership charges will be refunded. User(s) acknowledge that their inability to use the website, either wholly or partially, for any reason, may have adverse effects on their business. User(s) hereby agree that under no circumstances shall Businessekart be liable to the user(s) or any third parties for any inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the Website, or otherwise), any delays, errors, or omissions in communication or transmission, or any damages (direct, indirect, consequential, or otherwise) arising from the use of or inability to use the website or any of its features.


7. REGISTERED USER(S):

1. To become a Registered User(s), there is a straightforward procedure in place for the convenience of users to easily log in and log out.

2. User(s) can become Registered User(s) by completing an online registration form on the website, providing necessary information such as name, contact details, and business information and all the additional information that is requested during the registration process. Upon registration, Businessekart will create an account ("Account") for the user(s) and assign a user alias ("User ID") and password ("Password") for logging in. Businessekart may or may not provide a web-based email/message account with limited storage space for communication purposes. Users are responsible for the content of all messages communicated through the Email Account and their consequences.

3. If a user registers on behalf of a business entity, they must represent that business entity:

(a) (a) have the authority to bind the entity to the terms and conditions of use and/or this Agreement;

(b) the address used during registration is the principal place of business of the business entity; and

(c) We shall assume that all other information submitted during the registration process is true, accurate, current, and complete. For this provision, a branch or representative office will not be considered a separate entity, and its principal place of business will be deemed to be that of its head office.

4. By becoming a Registered User, you consent to the inclusion of your personal data in our online database and authorize Businessekart to share such information with other users. Businessekart may refuse registration, deny membership, and associated User ID and Password to any user for any reason. The website may suspend or terminate a registered membership at any time without prior notification in the interest of Businessekart or the general interest of its visitors/other members, without giving any reason for it. Registered Users are not a part or affiliate of Businessekart in any way.


8. POSTING YOUR CONTENT ON THE WEBSITE:

1. Some content displayed on the Website is provided or posted by third parties. Users can post their content on some sections/services of the website using the self-help submit and edit tools provided. Users may need to register and/or pay for some of these services.

2. Businessekart is not the author in such cases. The content here is contributed by anonymous, registered, or paid users. Neither Businessekart nor any of its affiliates, Business Agents, directors, officers, or employees has entered into a sale agency relationship with such third parties due to our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party providing it. Businessekart is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any Third Party content and shall not be liable to any user(s) for relying on such content. Additionally, Businessekart is not responsible for the conduct of user(s) activities on the website and shall not be liable to any person in connection with any damage suffered due to any such user's conduct.


9. USER(S) SOLELY REPRESENT, WARRANT, AND AGREE TO:

1. Provide Businessekart with true, accurate, current, and complete information to be displayed on the website and promptly amend all information to keep it true, accurate, current, and complete.

2. User(s) hereby grant an irrevocable, perpetual, worldwide, and royalty-free, sub-licensable (through multiple tiers) license to Businessekart to display and use all information provided by them in accordance with the purposes set forth in the agreement. This includes exercising the copyright, publicity, and database rights users have in such material or information, in any form of media, and third-party copyrights, trademarks, trade secret rights, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the website (hereafter referred to as "Third Party Rights").

3. User(s) hereby represent, warrant, and agree that they shall be solely responsible for ensuring that any material or information they post on the website or provide to Businessekart does not violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) also represent, warrant, and agree that they have the right to manufacture, offer, sell, import, and distribute the products offered and displayed on the website, and that such activities do not violate any Third Party Rights.

. Contain fraudulent information or make fraudulent offers for items, including the sale or attempted sale of counterfeit or stolen items, or items whose sales and/or marketing are prohibited by applicable law, or promote other illegal activities.

. Be part of a scheme to defraud other users of the website or be used for any other unlawful purpose.

. Relate to the sale of products or services that infringe or encourage the infringement of any third party's copyright, patent, trademarks, trade secret, or other proprietary rights, or violate rights of publicity or privacy or any other Third Party Rights.

. Violate any applicable law, statute, ordinance, or regulation, including export control, consumer protection, unfair competition, anti-discrimination, or false advertising laws.

. Be defamatory, libelous, unlawfully threatening, or unlawfully harassing

. Contain obscene, pornographic, sexually explicit, or otherwise harmful content, especially to minors.

. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

. Contain unauthorized advertising, harassment (including spamming), invasions of privacy, or encourage conduct that would constitute a criminal offense or violate any law or regulation.

. Solicit business from any users in connection with a commercial activity that competes with Businessekart.

. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

. Include any computer viruses or destructive codes that damage or interfere with software, hardware, data, or personal information.

. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;

. Link to or describe goods or services that are prohibited under prevailing law.

. Otherwise create any liability for Businessekart or its affiliates.

5. Businessekart reserves the right, at its sole discretion, to remove any material, content, photos, or offers displayed on the website that it reasonably believes to be unlawful, could subject Businessekart to liability, violates the terms and conditions and/or Agreement, or is otherwise deemed inappropriate by Businessekart. The website also reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

6. In connection with any of the foregoing, the Website may suspend or terminate the account of any user as it deems appropriate in its sole discretion. User(s) agree that the website shall have no liability to any user(s), including liability for consequential or any other damages, in the event the website takes any of the actions mentioned in this section, and users agree to bear the risk that the website may take such actions.

7. The website acts as a content integrator and is not responsible for the information provided by users to be displayed on the website. Businessekart does not have any role in developing the content.


10. INTERACTION BETWEEN USERS

1. Businessekart provides an online platform for the exchange of information between buyers and suppliers of products and services. The website does not represent the seller or the buyer in specific transactions, however shall charge commission on case to case basis for enabling transactions. Businessekart does not control and is not liable for the quality, safety, lawfulness, or availability of the products or services offered for sale on the website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. Users are advised that there may be risks of dealing with foreign nationals or people acting under false pretenses.

2. Users are advised to use available tools and exercise common sense to evaluate those with whom they intend to conduct transactions.

3. User(s) acknowledge that they fully assume the risks of purchase and sale transactions when using the website and that they fully assume the risks of liability or harm of any kind in connection with subsequent activity relating to products or services involved in such transactions. These risks may include misrepresentation of products, fraudulent schemes, unsatisfactory quality, violation of Third Party Rights, violation of applicable laws, defamation, or other harmful activities.

4. Businessekart shall not be liable or responsible for any damages, liabilities, costs, inconveniences, business disruptions, or expenditures of any kind that may occur as a result of or in connection with any Transaction Risks. Users are solely responsible for all terms and conditions of the transactions conducted on or through the website, including payment, returns, warranties, shipping, insurance, fees, taxes, licenses, permits, handling, transportation, and storage.

5. In the event of a dispute with any party to a transaction, User(s) agree to release and indemnify Businessekart and its Business Agents, affiliates, directors, officers, and employees from all claims, demands, actions, proceedings, costs, expenses, and damages arising out of or in connection with such transaction.

6. User(s) may use the content and features on the website solely for their personal or internal purposes. Users agree not to use Businessekart's database and/or services for spamming, transmission of unlawful or objectionable material, or for the publication, distribution, or circulation of unsolicited advertising or promotional information.

7. Before sharing any content on the website, user(s) must ensure that they have the right to do so. Businessekart reserves the right to use, reproduce, and modify all content submitted by users to the site, including comments published by users on the site.

8. The content, links, and listings provided on the website and related sites are for information purposes only. Businessekart makes no warranties and is not liable for any actions or representations of any listed company or individual within the website and related sites.

9. Users should always seek independent advice before acting on any information on the Website. While Businessekart takes great care to provide accurate information, it is not responsible for any loss suffered by users as a consequence of their actions based on the information provided. It is the sole responsibility of the prospective site Users to obtain all necessary documents and verify information independently.

10. Businessekart is not responsible for transactions that take place between Users listed on the site. The listing of Users on the site is purely for information purposes and does not constitute an endorsement or recommendation by Businessekart.


11. USER OBLIGATIONS

Prokart Business Solutions Private Limited grants you a non-exclusive, non-sub licensable, non-transferable, revocable, and limited right to access and use this Website. You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by Prokart Business Solutions Private Limited . You shall not use any deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. When you use the Website, You specifically undertake not to host, display, upload, modify, publish, transmit, or update any information that:

. belongs to another person and to which you do not have any right to;

. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatsoever;

. You should contact a party on the website only if you have a genuine interest in the offering advertised on the website by the party and should not contact the person for any other purpose;

. You are responsible for verifying all listed details, taking appropriate safety measures and conducting your own due diligence before transacting with any other user from the website. Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from the use of thereof;

. Profile advertisement details and other materials posted on our sites are not intended to amount to any form of investment advice;

. harms minors in any way;

. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

. threatens the unity, integrity, defence, security or sovereignty of Republic of India or any other country, 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 of any other nation;

. infringes any patent, trademark, copyright or other proprietary rights;

. contain software viruses or any other computer code, files or programs designed to, hack, interrupt destroy or limit the functionality of any computer resource;

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

. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Prokart Business Solutions Private Limited server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

.probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

. use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Prokart Business Solutions Private Limited or other third parties;

. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

. Businessekart reserves the right to decide the index order in which listings are displayed in the website.

.Businessekart is not a broker or the agent of any user, and Businessekart does not partake in any kind of negotiations or discussions between the users.

.GST is applicable on all the transactions that take place with regards to dotcom service or internet advertising services. The paid activation of the account will happen on the realization of the cheque and the paid client will have access to the details of the Users. In case of any changes to be made in your account, the information shall to be mailed to us by you for the changes to be brought;

. By submitting a request for information regarding any of our sponsors, you represent and warrant that all information submitted is true and non – misleading and does not violate any law or regulation;

. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

. violate any Applicable Laws or regulations for the time being in force;

. violate the terms of the Agreement.

. Any advertisements/profiles on the website do not constitute a binding offer so that acceptance by the user can bind the party advertising on the website. You agree that you are solely responsible to Businessekart and to any third-party for any breach of your obligations under this Agreement or other Agreements and for the consequences (including any loss or damage which Businessekart or its affiliates may suffer) for any such breach.


12. MEMBERSHIPS

1. If you decide to join our community, subscribe to our newsletter, or opt to receive emails from the Site, the information You provide on the registration form will be used to send you franchise industry newsletters, special promotions, and other relevant information. If you wish to stop receiving these emails, you can easily opt-out by following the unsubscribe instructions provided at the bottom of each email.

2. By submitting your details to the Site and consenting to disclose your information to advertisers, you agree to receive telephone calls and/or emails about franchise and business opportunities, even if your number is registered with us or on any Do Not Call List (DND list).You are responsible for providing accurate and truthful personal information, including your real name and last name, during registration.

3. To ensure the security of your account, you agree to keep your username and password confidential and not to share your registration details with anyone else.

4. You also agree to indemnify the Company against any unauthorized use of your username and password. We reserve the right to modify the membership information you provide and to delete, disable, and/or restrict your account at our absolute discretion.


13. LIMITATION OF LIABILITY

1. In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including but not limited to damages for loss of use, data, or profits, arising out of or in connection with the use of information provided on the Site or the performance, delay, or inability to use the Site or our services or related services. This includes the provision or failure to provide services, or any information, services, and related services availed through the Site or our services, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages.

2. Neither We nor the Site endorse in any way the advertisers or contents of advertisers on the web pages. Users are responsible for verifying the reliability and usage of such content. We shall not be responsible or liable for any consequential damages arising from users relying on the contents of the advertisers.

3. Before sharing any content on the Site (if applicable), please ensure you have the right to do so. By submitting content to the Site, including comments published by you on the Site, You grant us the right to use, reproduce, and modify such content at our absolute discretion.

4. All contents, links, and listings provided within the Site and related sites are for information purposes only. We make no warranties and are not liable for any actions or representations of any listed company within the Site and related sites. Always seek independent advice before acting on any information on the Site.

5. While We strive to provide accurate information, We are not responsible for any loss suffered by Users due to their actions or omissions based on the information We provide. The prospective investor and Users are solely responsible for obtaining all necessary documents and verifying information on their own.

6. We are not liable for any content published on the Site. If you believe any content to be inappropriate, please contact us at Support@Businessekart.com, and we will address your concerns promptly.

7. We are not responsible for the transactions that take place between Users listed on the Site. It is important to note that all the Users listed on the Site are purely for informational purposes and do not represent an endorsement or recommendation of such companies by the Company.

8. Further,Prokart Business Solutions Private Limited shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Prokart Business Solutions Private Limited’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

9. The use or the inability to use the website:

. Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the website;

. Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

. Unauthorized access by third parties to data or private information of any User(s);

. Statements or conduct of any User(s) of the website; or

. Any matters relating to Premium Services however arising, including negligence.


14. INDEMNIFICATION

1. You hereby agree to indemnify Businessekart (who shall have no duty to mitigate its loss) in full and on demand and keep it so indemnified against all claims, demands, actions, proceedings, and all direct and indirect damages, losses, costs, and expenses (including without limitation legal and other professional advisers’ fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss made against or incurred or suffered by Businessekart and whether wholly or in part resulting directly or indirectly from any claim that the content of any material uploaded or posted onto this website infringes the copyright, trademark, or other intellectual property rights of any third party.

2. Businessekart is not liable for any infringement of Intellectual Property Rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users or any other third parties. If you believe that the content of any material uploaded or posted onto this website infringes your intellectual property rights, please notify us over email so we may take corrective measures.

3. Businessekart is not regulated by any regulatory body, and you are strictly prohibited from offering any form of public securities, shares, bonds, or anything similar via this website.

4. Notwithstanding anything to contrary in the Agreement(s), in no event shall Prokart Business Solutions Private Limited , its subsidiaries, Business Agents or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Prokart Business Solutions Private Limited has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website.


15. GENERAL PROVISIONS

Governing Law and jurisdiction: This Agreement and all transactions entered into on or through the Website and the relationship between you and Prokart Business Solutions Private Limited shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, this Agreement, or any transactions entered into on or through the Website or the relationship between you and Prokart Business Solutions Private Limited shall be subject to the exclusive jurisdiction of the courts at Pune, India and You hereby accede to and accept the jurisdiction of such courts. You hereby irrevocably waive any objection which you may now or hereafter have to the laying of improper venue or forum non-convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

Changes and Updates: Prokart Business Solutions Private Limited reserves the right to change, suspend or terminate any of its Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Prokart Business Solutions Private Limited Services (including removal of any materials created by you in connection with the Prokart Business Solutions Private Limited Services) for any reason and/or change any of the Prokart Business Solutions Private Limited terms with or without prior notice - at any time and in any manner. You agree that Prokart Business Solutions Private Limited will not be liable to you or to any third-party for any modification, suspension or discontinuance of those Prokart Business Solutions Private Limited Services.

Grievance Redressal:

Grievance Officer Name: Mr. CA Prajyotkumar Kavthekar

Email ID: Help@Businessekart.com

Address: 3rd Floor, 320, Hirabuag Business Centre, Hirabaug Chowk, Shukrawar peth, Pune - 411002

Phone: 8180003373

Severability: If for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect.Prokart Business Solutions Private Limited may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

Principal to Principal Relationship: You and Prokart Business Solutions Private Limited are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Prokart Business Solutions Private Limited.