Terms & Conditions
Qarakata Terms & Conditions of Use
Table of contents
VI. MODIFICATIONS TO THE SERVICE XII. OBLIGATIONS AND RESPONSIBILITIES XX. PERSONAL INFORMATION AND PRIVACY POLICY XXI. ERRORS, INACCURACIES, AND OMISSIONS XXII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY XXIII. COPYRIGHT AND TRADEMARK I.INTRODUCTION
www.qarakata.com ("website”) owned and managed by Netzalive Ltd. ("we,” "us,” or "our”) welcomes you.
We offer you access to our product and services through our "Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. We strongly recommend you to kindly go through these Terms and Conditions. By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this "Agreement”). In case you do not agree with any of these terms, then please do not use the Website.
II.DEFINITIONS
•"Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;
•"Product” or "Item” refers to the product or goods available for sale by the registered Vendor to the customers on the website.
•"User”, "You” and "your” denotes the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
•"Customer” refers to the user who accesses the website and makes the payment for purchasing products and availing services;
•"Vendor” or "Seller” refers to the user accessing or registering with the website for creating its store on the website and offer various products and services from the website;
•"We”, "us”, "our” and "Company” are references to NETZALIVE LTD.;
•”Website” shall mean and include "https://www.qarakata.com, and any successor Website of the Company or any of its affiliates;
•"Customer Account” shall mean an electronic account opened for the customer for purchasing products and availing various services offered on the website;
•"Vendor Account” shall mean an electronic account opened by the user with the Platform to sell its product and services through the platform;
III.INTERPRETATION
•All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
•Words importing any gender shall include all the other genders.
•Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
•All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
IV.INTRODUCTION AND SCOPE
•Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
•Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
•Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
V.SERVICES
At www.qarakata.com, we provide you meticulously designed website where a buyer can buy products, and (registered) Sellers can sell their products and services online. It is a multivendor e-commerce marketplace that allows easy access to the market for sellers and convenience to customers by providing all kinds of goods in one place.
Here at www.qarakata.com, we are committed to operational excellence through fast response, quick delivery, convenient to the Users, and the long-term idea of transforming the way we work, and, do business to ensure maximum satisfaction to our users.
We aim to offer the competitive prices for various products and services with a simple and easy shopping experience.
VI.MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, "Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
VII.ABOUT OUR SERVICE
We act as an aggregator between Buyers and Sellers and provide services that have been designed to save your time and money. We strive to provide you with the information you need to make an informed choice on which provider of service best suits your needs.
We accept no responsibility for any loss, damage that occur during and after the service. Seller shall indemnify us for all claims and liabilities arising out of any use by the Seller, of the Website, including costs and expenses incurred.
Qarakata.com shall not be held liable for Users’ conduct on Qarakata and for undue performance or failure to perform Transaction-related agreements, and also for the consequences of actions performed by Users or third parties which violate the provisions hereof. In particular, Qarakata.com shall not be held liable for the quality, safety and legality of Items sold in Listings, Sellers’ capacity to sell, Buyers’ solvency and the veracity and accuracy of data and other contents provided/submitted by Users within Qarakata.
VIII.ACCOUNT
For accessing the website and using certain Resources, Users will be required to provide specific information and to create a user ID and password to establish and run the account.
You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
IX.USER CONTENT
A.Content Responsibility.
The website permits you to post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
•contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
•is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
•violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
•discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
•violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
•uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files;
•sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
X.ORDERING
•All the purchases from this website shall be governed by our terms and conditions.
•If you make an Order for buying any product from our website. At the time of ordering, while providing your details you must ensure that the details provided are true and accurate.
•Payment mode shall be:
oOnline: Credit Cards and Debit cards
•Stripe is our secure 3rd party payment gateway. We do not process the payments.
•Any order to purchase a product that you place with our Seller is subject to acceptance by the Seller. When you make your order online the Seller will provide you an email to confirm that they have received the order.
•If there is an error in the order confirmation, please contact the Seller immediately, using the contact form provided within the Order portal. You may also email us at info@qarakata.com.
• The Seller may refuse or unable to process your order if:
•Your payment account does not give authorization for the payment of purchase price.
•You do not meet the eligibility to order criteria set out above.
•You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons
•We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
•A refund shall be made as per the Seller’s Refund policy.
•We take customer feedback very seriously and use it to constantly improve our products and quality of service.
XI.GENERAL CONDITIONS
•We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
•We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
•The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
•We reserve the right for any printing errors on this site as well as the final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.
•We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, adverse weather, pandemics, strikes, lockouts/lockdowns, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
XII.DAMAGED PRODUCTS
While we try our best to provide you best however due to some uncertain situation, if the recipient receives a damaged product, please contact the Seller immediately using the contact details provided within the Order portal.
XIII.OBLIGATIONS AND RESPONSIBILITIES
QUALITY AND QUANTITY ASSURANCE:
•Before the Product(s) being displayed/advertised on the Platform, the Vendor ensures the availability of the Products for servicing customer’s orders.
LICENSE TO MAKE USE OF INTELLECTUAL PROPERTY.
•The Vendor hereby grants to the Qarakata for the Term, a royalty-free irrevocable license to use its Intellectual Property to provide the Services by Qarakata as contemplated hereunder.
•In the event, the Vendor sources the Products from any Supplier, the Vendor shall obtain all applicable licenses and consents for the use of such Supplier’s Intellectual Property in connection with the Product being sourced from such Supplier to provide the Services by Qarakata, before the display/advertising of such Products on the Qarakata Platform.
•The term "Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights, and other relevant intellectual property rights relevant to the advertisement and sale of the Products.
XIV.LIMITED GUARANTEE
By this Website:
•We provide an opportunity for Buyers to avail the offered Products and Services from our Website.
•We do not provide any warranty or guarantee that the products and service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your first recourse is to contact the Vendor before contacting us for further action.
XV.GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
XVI.USER RESPONSIBILITIES
•You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
•You shall not use or access the Website for collecting any market research for some competing business;
•You shall not misrepresent or personate any person or entity for any false or illegal purpose;
•You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
•You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
•You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
•You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
•You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
XVII.VENDORS OBLIGATIONS
•The vendor takes full responsibility for all information that he provides on the www.qarakata.com Website and must indemnify Netzalive Ltd. about any liability incurred by Netzalive Ltd. as a result of such information.
•The vendor shall be required to provide an actual business name for registration on the website.
•Vendor shall indemnify Netzalive Ltd. for all claims and liabilities arising out of any use by the vendor of the www.qarakata.com Website, including costs and expenses incurred.
•The vendor is not an employee of Netzalive Ltd. and accepts full responsibility for all Income Tax, National Insurance, and other liabilities arising from the use of the www.qarakata.com Website.
•All information provided by a Vendor on the www.qarakata.com Website must be accurate and kept up-to-date. This includes the correct name, address, telephone number, and product details. Details entered by the Vendor on the www.qarakata.com Website will be publicly visible and may appear in search engine results.
•The use of the www.qarakata.com Website is entirely at a customer/Vendor's own risk. A customer must exercise complete caution when using the www.qarakata.com Website.
•The Vendor agrees and undertakes to fully co-operate with the Company as reasonably required, in connection with any customer-service functions undertaken by the Company. Such services can be provided by the Vendor either on its own or through the Suppliers, as the case may be.
•The Vendor authorizes the Company to place;
i.A description of the Vendor (including but not limited to the description of Suppliers, where so directed by the Vendor) and
ii.description of each of its Products (including but not limited to the technical description of the Products, brand name of the Product, the price of the Product, and any applicable warranty terms) on the Platform.
iii.The Vendor rating is based on vendor performance and customer reviews.
XVIII.FEES AND COMMISSION
Services provided on Qarakata by Qarakata.com shall be paid services. The Seller shall be charged with all fees and commissions. Such amounts payable shall be charged on an ongoing basis and presented for payment for consecutive settlement periods. The settlement period shall be a calendar month.
Fees for packages and services provided on Qarakata by Qarakata.com shall be paid by the User to the bank account indicated in their Account settings.
Split commission is automatically processed by a third party application. This is currently Stripe. They will process the split on the money paid to a Seller based on the agreed commission between Qarakata and the Seller
Any User’s actions aimed at or resulting in avoiding the payment of fees or commissions billed by Qarakata.com are prohibited.
Qarakata.com shall issue invoices for services provided on Qarakata in accordance with data provided in Account settings; however, Users of Silver Package which is solely based on commission split shall be issued invoices upon their request.
XIX.EXCLUSION OF LIABILITY
We take no responsibility for any indirect damage that may result from the product.
We accept no responsibility for delays/errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the supplier.
We shall not be liable and responsible for the behavior of the users (both Vendors and the customers). And we are also not accountable for the quality of the products provided by the Vendors on the website.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.qarakata.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall NETZALIVE LTD., nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.
XX.NO RESPONSIBILITY
We are not responsible to you for:
●any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
●any losses you suffer because the information you put into our website is inaccurate or incomplete; or
●any losses you suffer because you cannot use our website at any time; or
●any errors in or omissions from our website; or
●any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our website; or
●any unauthorized access or loss of personal information that is beyond our control.
XXI.FEEDBACK SYSTEM
On Qarakata, Users may use a descriptive and graphical (i.e. graphical sale assessment) feedback system to exchange subjective opinions on the course of transactions and performance of agreements. If Users have concluded an agreement, the Buyer, within 90 days from the date of concluding the agreement, that is from the day and hour of the concluding, may leave feedback for the Seller, whereas this time limit is calculated to the hour. The Seller who receives "not recommended” feedback may respond to it once. It is not possible to leave feedback when the has not fully activated their Account or their Account is blocked.
In descriptive feedback, a User may recommend or not recommend purchase. In graphical feedback for the sale, the Buyer may give 1 to 5 points to assess the agreement performance by the Seller in terms of the following parameters:
•consistency with Item description
•shipping cost
•buyer service
Feedback shall always be assigned to a particular Account and a specific transaction. A User shall be liable for the content of their feedback and replies.
The content of feedback and replies shall be public information available to all visitors to Qarakata.
Feedback and replies should be consistent with the actual course of Transactions and may not contain:
a.vulgarisms, content that is obscene or pornographic, or inciting to hatred, racism, xenophobia;
b.Users’ contact details or usernames;
c.website addresses or content of advertising nature.
A User may not participate in any Transaction solely for the purpose of leaving feedback (e.g. to artificially increase or decrease the Seller’s credibility).
Qarakata.com shall not interfere with the content of any feedback or replies; however, it reserves the right to delete or block the possibility of their posting in justified cases when:
a.they are in breach of the provisions of this Agreement;
b.they have been posted for a wrong User or Transaction by mistake, if their content explicitly indicates that a mistake has been made;
d.the content of feedback explicitly indicates that a mistake has been made as to its type;
e.the content of feedback contains characters which make that feedback illegible.
Parties to a concluded agreement shall have the possibility to agree on the deletion of feedback and replies to it using for this purpose an appropriate form available on Qarakata. Feedback shall be deleted upon the satisfaction of all the following conditions jointly:
a.the deletion request must be submitted by the Seller within 21 days from the date of receiving feedback;
b.the Buyer must agree to comply with such a request not later than within 14 days following its receipt.
Following the deletion of feedback according to the procedure provided above, the Buyer may re-assess the course of the Transaction within 90 days from the date of concluding the agreement related to a particular Listing.
Users may post on Qarakata their reviews concerning Items, including their disadvantages and advantages. They are presented in Listings in the "Product review” tab.
Reviews posted in the "Product review” tab are Users’ subjective opinions. Users shall be liable for the content of their opinions expressed in such reviews.
A User’s review may not violate applicable provisions of law, including third-party rights; in particular, it may not be defamatory, violate personal rights or constitute an act of unfair competition. At the same time, regarding the rules of posting reviews by Users, the provisions of this clause shall apply accordingly.
Qarakata.com reserves the right to edit or delete reviews in justified cases, when a review:
a.is a subsequent review referring to the same Item;