Welcome to NamKart. These Terms and Conditions ("Terms") are a binding agreement between you ("User," "you," or "your") and NamKart Inc. ("NamKart," "we," "our," or "us"). They govern your access to and use of our website, mobile applications, and other services provided by NamKart (collectively, the "Platform").
NamKart operates as a multi-vendor marketplace. Products and services on the Platform are sold by independent third-party vendors ("Vendors"). NamKart acts as a facilitator and not as a seller. Please read these Terms carefully. By accessing or using the Platform, you agree to be bound by these Terms and all applicable laws and regulations.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use NamKart. By using the Platform, you represent and warrant that you are eligible and that any information you provide is accurate and complete. If you are under the age of majority, your parent or legal guardian must review and accept these Terms on your behalf.
2. Account Registration and Responsibilities
To access certain features of the Platform, including placing orders or becoming a Vendor, you must register an account.
You agree to:
· Provide accurate and current information.
· Maintain the confidentiality of your login credentials.
· Be responsible for all activity under your account.
NamKart is not liable for any loss or damage resulting from unauthorized use of your account. You must notify us immediately of any unauthorized access or suspected breach.
3. Nature of the Platform and NamKart's Limited Role
NamKart is an online venue that facilitates the listing, marketing, and purchasing of products and services from independent Vendors. NamKart is not the manufacturer, seller, distributor, agent, or guarantor of any Vendor’s products or services.
NamKart does not:
· Guarantee product quality, legality, or safety;
· Validate Vendor identity or authenticity of goods;
· Control shipping, packaging, or delivery timelines;
· Assume responsibility for defective or damaged goods;
· Bear liability for refund or warranty obligations;
· Provide any direct warranties on Vendor products.
· All transactions are solely between the User and the Vendor. NamKart may, at its discretion, assist in resolving disputes but is under no obligation to do so and assumes no liability in connection therewith.
4. Orders and Payments
· Orders are subject to Vendor acceptance and product availability. An order confirmation email does not guarantee fulfillment.
· Pricing and Payments:
· Prices are listed in CAD (or as applicable).
· Taxes and shipping are added at checkout.
· Payment is processed via secure third-party providers.
· NamKart does not store your full payment card details.
· Namkart reserves the right to cancel any order if fraud, pricing errors, or Vendor issues are identified.
5. Shipping, Delivery, and Risk of Loss
· Vendors are responsible for all aspects of shipping and delivery. Estimated delivery times are for reference only and are not binding.
· NamKart is not responsible for:
· Delays, loss, or damage in shipping;
· Customs issues or cross-border compliance;
· Wrong address entry by the User;
· Miscommunication between Vendors and Users.
· You agree not to hold NamKart liable for any damages, delays, or losses arising out of delivery issues. Title and risk of loss pass from Vendor to User upon shipment.
6. Returns, Cancellations, and Refunds
· Each Vendor manages their own return, cancellation, and refund policy subject to NamKart guidelines.
· NamKart is not liable for:
· Denial of return or refund by Vendors;
· Delayed or mishandled returns;
· Product dissatisfaction unless explicitly due to NamKart’s error.
· Users agree to direct all return and refund requests to the Vendor. NamKart’s support team may assist in limited circumstances, but Users waive all claims against NamKart related to order outcomes that are the responsibility of Vendors.
7. User Conduct
· You agree not to:
· Use the Platform for unlawful or fraudulent activities;
· Post or transmit defamatory, libelous, abusive, obscene, or hateful content about NamKart, its employees, or Vendors;
· Leave misleading or false reviews without evidence;
· Damage NamKart's reputation via social media, blogs, or forums without providing legitimate proof and following dispute procedures;
· Interfere with NamKart systems, security, or operations.
· Violation of these provisions may result in legal action, account suspension, or permanent ban.
8. Reviews and User Content
· Users may post reviews or feedback subject to community standards and the following conditios:
· Reviews must be truthful, based on personal experience, and not include abusive language.
· Users shall not defame NamKart for Vendor faults unless proven and substantiated.
· NamKart may remove content that is false, unlawful, defamatory, or misleading.
· By posting, you grant NamKart a global, royalty-free license to use, display, and distribute the content.
9. Intellectual Property
· All content on NamKart, including trademarks, software, graphics, text, and logos, are owned or licensed by NamKart. Unauthorized reproduction, resale, or misuse is strictly prohibited.
· NamKart respects IP laws. Report any violations to info@namkart.com.
10. Platform Availability and Customer Service
· NamKart makes commercially reasonable efforts to maintain platform uptime. However, we cannot guarantee uninterrupted access.
· Due to high platform traffic, customer service may experience delays. Users agree to:
· Communicate respectfully and patiently with support agents.
· Use help tickets or FAQs before contacting support.
· Acknowledge that response times may exceed 48–72 hours during peak seasons.
· NamKart disclaims any liability for delays in non-emergency support.
11. Disclaimers and Limitation of Liability
· NamKart provides the Platform on an "as is" basis and expressly disclaims all warranties, express or implied. To the maximum extent allowed by law, NamKart will not be liable for:
· Vendor actions or inactions;
· Product defects, misrepresentations, or unsafe items;
· Shipping or delivery delays;
· Refund or warranty disputes;
· Lost profits, business interruption, or data loss.
· All claims related to goods and services should be directed to the Vendor. Users agree to indemnify NamKart from all such third-party claims.
12. Indemnification
· You agree to fully indemnify, defend, and hold harmless NamKart, its affiliates, directors, officers, employees, contractors, and agents from any and all claims, damages, losses, expenses, demands, costs, or liabilities (including reasonable attorneys’ fees) arising from or related to:
· Your use of the Platform;
· Your violation of these Terms or applicable law;
· Your interactions with Vendors or third parties;
· Your misuse of Platform features or services;
· Any infringement or alleged infringement by you of third-party rights.
· This indemnity will survive the termination of your account or these Terms.
13. Dispute Resolution and Governing Law
· All disputes shall first be attempted to be resolved through NamKart’s internal resolution system. If unresolved, either party may initiate legal action in:
· Small Claims Court or the Superior Court of Justice in Ontario, depending on the nature and value of the claim.
· Users waive the right to participate in class actions or class arbitrations against NamKart. You must bring claims in your individual capacity.
· These Terms shall be governed and interpreted under the laws of the Province of Ontario and the federal laws of Canada applicable therein.
14. Termination
· NamKart may suspend or terminate your access without notice for violations of these Terms or applicable laws. You may close your account at any time. Termination does not waive NamKart’s rights to seek remedies or enforce obligations under these Terms.
15. Changes to Terms
· We may revise these Terms from time to time. Continued use of the Platform constitutes acceptance of updated Terms.
16. Contact Information
· For questions, notices, or legal issues:
NamKart Inc.Email: info@namkart.com
