Terms & Conditions

These Terms of Service ("Terms") govern your access to and use of the services, websites, products and applications offered by www.kartapult.io (the "Service") which is owned and operated by ANS Digital Private Limited (ANS Commerce). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. These Terms apply to all visitors, users and others who access or use the Service. These Terms of Service, including any referenced or attached exhibits, appendices and policies (collectively, the “Agreement”), form a binding agreement between ANS Commerce and our affiliated companies (collectively, “ANS Commerce/Kartapult”, “we”, “our” or “us”) and the person or entity agreeing hereto (“Customer”, “you” or “your”).

If you disagree with any part of the terms then you may not access the Service. The domain name www.kartapult.io  (hereinafter referred to as "Website") is owned by ANS Digital Private Limited, a company incorporated under the Companies Act, 2013, India (hereinafter referred to as "ANS Commerce") with its registered address at: B1/E-13, First Floor, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi -110044 and having CIN: U74999DL2017PTC315839.

“Sign up” means any login ID or account created by the customer or visitor of this website for using Kartapult.
‍“Platform” means any third-party advertising platform including but not limited to Meta, Google, X (Twitter) or any other such platforms used in pursuance of using Kartapult.
‍“Add on” means any additional product or services as provided by Kartapult in order to enhance customer services.
‍“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party to this Agreement.  For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
‍“Confidential Information" means any information disclosed by  (“Disclosing Party”) to the other party (“Receiving Party”), either orally or in any recorded medium,  comprising or relating to its / or its affiliates, parent, sister concerns group companies: techniques; schematics; designs; contracts; financial information; sales and marketing plans; business plans; clients; client data; business affairs; operations; strategies; inventions; methodologies; technologies; employees; subcontractors; pricing; service proposals; methods of operations; procedures; products and/or services.
‍“User Data” means data provided by the user or customer of this website or any such data collected pursuant to use of the Kartapult products or services excluding Kartapult content.
‍“Data Protection laws” means all the worldwide applicable laws which shall be applicable on party using or processing sensitive data and personal information.
‍“Sensitive Data and Personal Information” means any information including but not limited to name, contact number, email id, address, data of birth, details of credit/ debit card, other financial details, government identification number (PAN, Aadhar, Passport etc.) and any other information as specified and stipulated by law from time to time.
‍“Feedback” means any idea, suggestions, or valuable inputs and insights provided by the user/ customer.
‍“Demo/Trial” means any services given to the Customer for the purpose of trial or demo without any cost for upto 7 days.
‍“Kartapult Content" means all or any of the information including but not limited to, data, text, messages, software, sound, video, images, emails, SMS, WhatsApp text and tags that we provide or make available via, or that we incorporate into, the Services/Kartapult product.  Kartapult Content does not include Customer Data.
‍“Master Account” means the main Kartapult account to which your product Accounts are connected or synced.  You may have multiple Master Accounts, which Kartapult may enable you to combine as required from time to time.
‍“Order” means a Kartapult (ANS Commerce) approved order form or online subscription process which incorporates and is governed by the terms and conditions of this Agreement, and by which you agree to subscribe to or purchase Services/ product.
‍“Subscription” means subscription or enabling of the Kartapult product on the basis of order placed by the Customer.
‍“Services” means any or all of the services rendered by ANS Commerce through Kartapult including but not limited to ecommerce website development, operation and maintenance, digital marketing campaigns over various platforms.
‍“Refund” means any refund as determined by ANS commerce on account of non-availability or any other reason as deemed fit by ANS Commerce excluding bank/transection charges.
‍“Term of Service” means the time period for which the subscription is enabled.
‍“Third Party Services” means the services provided by Kartapult through its third-party partners or sub-contractors including but not limited to server, software, websites, platforms etc., required to provide the services.
‍“Intellectual Property” means any or all of the intellectual property including but not limited to trade secrets, business know how’s, trademarks, patents, designs, logos, copyrights, trade/ brand names, goodwill, inventions, literary or artistic work or any work of authorship and any other such intellectual property as defined by various international and local intellectual property laws.
‍“Fee/ Price “means the service fee or product price to be paid for Kartapult product products and services including but not limited to subscription fee and applicable taxes.

Use of Services: The Website/application is not intended for individuals under the age of 18. Kartapult does not knowingly collect Personal Data from individuals under the age of 18.Kartapult grants you a non-exclusive, non-transferable, revocable, limited, personal right to use and access Services in order to obtain or purchase Kartapult products or services. Kartapult does not authorize other use or access, including, without but not limited to unauthorized usage including that by robots, spiders, crawlers and scraping technologies. You are responsible for your own username and password (“Login Information”) and should not allow any third party or unauthorized person to access or use your Login Information. You are responsible for all individuals that access Services through your Login Information (“Authorized Users”). You and your Authorized Users may use Services only for your own business, not to access Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of Services. Kartapult products and/ or services shall be made available after due registration through this website and further order will be processed once the order is processed the product/ service shall be made available after payment of subscription fee or prize of that particular product/ service. The time period in which the services shall be provided shall depend upon the particular product and the time shall be informed to you by us.

The fee for the subscription shall be as provided and listed in Kartapult’s current price list, which can be reviewed at https://www.kartapult.io/pricing . All prices provided by Kartapult are (unless stated otherwise) exclusive of taxes and duties. You may have to provide a valid credit or debit card or other payment method at including but not limited to online / wire transfer, UPI, digital payment, digital rupee or any other payment method as stipulated by ANS Commerce from time to time.

Our limited-period offer comes with the following terms:

Free Trial Offer: 

1. Valid between 1st Jan’24 to 29th Feb’24
2. Applicable for 1 Lac INR of spends or three months (whichever ends earlier)
3. Applicable only for the first 30 brands during this window

Kartapult at its sole discretion reserves the right to modify the Subscription and the prices for other Services from time to time to cover any increase in Kartapult product costs for the Services (including but not limited to increased costs of materials, labor, services, currency fluctuations or as a result of government taxes and levies). You shall not be entitled to make any deduction from the sum due for the Subscription fee in respect of any set-off or counterclaim against Kartapult. You are not entitled to withhold payments by reason of any alleged defect in the Subscription and/or other Service(s).

If you sign up for a Trial/ Demo Period, Kartapult may require you to provide it with a valid debit/ credit card or other payment method and start charging you automatically on the first day after the Trial/ Demo Period is over, unless you cancel your account before the end of the Trial Period.

Kartapult shall be responsible only for the marketing campaigns run through itself or its third-party service providers and for any other campaigns the customer shall be responsible on their own.

You grant to Kartapult, our Affiliates and their respective agents, suppliers and subcontractors, a non-exclusive, transferable, worldwide, perpetual, royalty-free license, with the right to sublicense through multiple tiers, to access and use, ingest, reproduce, duplicate, format, store, distribute, display and perform Customer Data including any associated or third party customer data and intellectual property of the customer, solely to provide the Services/ products and as permitted by applicable law and for the purpose of this Agreement.  

We will not use Customer Data to contact any individual or company except as you may direct or otherwise permit.

All the Intellectual Property Rights belonging to Kartapult or displayed on the Website/ application are and shall remain the exclusive property of Kartapult (or Facebook, Instagram, or any third party as the case may be). You do not acquire any IPR to Kartapult apart from the right of use under the terms and conditions provided herein. Any unauthorized reproduction, redistribution, publishing, transmission, modification, sale and any other usage of the IPR of Kartapult is prohibited and may result in civil / criminal penalties and any other penalties as prescribed by the law and determined by the competent authority.

For the purpose of providing Kartapult products/ services, we may obtain and use certain data from you including non-sensitive and personal data and sensitive information. The said data shall be used by us to provide you with the Kartapult products/ services strictly in accordance with the applicable law. 

Further you shall not use or attempt to use or process such data without our prior approval. If any such unauthorized usage is discovered, you shall be penalized in accordance with the applicable law.

For any other details on usage or processing of the data you may refer to our privacy policy as provided in https://www.kartapult.io/privacy-policy .

Receiving Party will use the Confidential Information solely in furtherance of the actual or potential business relationship between the parties.  Receiving Party shall not use the Confidential Information in any way that is directly or indirectly detrimental to Disclosing Party or its subsidiaries or affiliates and shall not disclose the Confidential Information to any unauthorized third party.  Receiving Party shall ensure that access to Confidential Information is granted only to those of its employees or agents (“Representatives”) who have a demonstrated need to know such information in order to carry out the business purpose of this Agreement.  Prior to disclosing any Confidential Information to such Representatives, Receiving Party shall inform them of the confidential nature of the information and their obligation to refrain from disclosure of the Confidential Information. Receiving Party and its Representatives will take all reasonable measures to maintain the confidentiality of the Confidential Information, but in no event less than the measures it uses for its own information of similar type.  Receiving Party and its Representatives shall not disclose to any person including, without limitation, any corporation, sovereign, partnership, limited liability company, entity or individual (i) the fact that any investigations, discussions or negotiations are taking place concerning the actual or potential business relationship between the parties, (ii) that it has requested or received Confidential Information, or (iii) any of the terms, conditions or any other fact about the actual or potential business relationship.  Receiving Party and its Representatives will immediately notify Disclosing Party of any use or disclosure of the Confidential Information that is not authorized by this Agreement.  Receiving Party and its Representatives will use its best efforts to assist Disclosing Party in remedying any such unauthorized use or disclosure of the Confidential Information.   

The obligations contained in this Section will not apply to the extent that Receiving Party can demonstrate that the Confidential Information: (a) was part of the public domain at the time of disclosure or properly became part of the public domain, by publication or otherwise; (b) was rightfully acquired by Receiving Party prior to disclosure by Disclosing Party; (c) was independently developed by Receiving Party or its Representatives without reference to the Confidential Information; or (d) is required to be disclosed by a government agency or by a proper court of competent jurisdiction; provided, however, that Receiving Party and its Representatives shall provide Disclosing Party prompt prior written notice of such requirement, shall consult with and assist Disclosing Party in obtaining a protective order prior to such disclosure, and shall only disclose the portion of Confidential Information which it has been advised by written opinion of counsel is legally required to be disclosed and shall use its best efforts to obtain assurance that confidential treatment will be accorded such information if the protective order is not obtained or if Disclosing Party waives disclosure of such information.

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Customer agree to indemnify and hold Kartapult its employees, agents, directors and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney’s fees, which are based on or arise from (a) your violation of any of the provisions of these Terms or otherwise is related to Customer Content and/or use of Kartapult, (b) allegations that any of the Customer  Content infringes or violates IPR, privacy rights, or other rights of a third party, or violates any applicable law, or (c) relating to, or arising from, your use of any Third-Party Websites or any third-party services.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website, whether express or implied, and the use of this website (including but not limited to, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

We provide our services through various third-party service providers. We shall not be liable or responsible for any deficiency in services provided by such third-party service providers.

We provide the site and the services “as is”, “with all faults” and “as available.” We make no express or implied warranties or guarantees about the services. to the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the site, including without limitation any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services and/or the website will be effective, reliable, or accurate or will meet your requirements.

Our liability to you in relation to the use of our website or under or in connection with these terms of use of Kartapult products/ services, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

• To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
• We will not be liable for any consequential, indirect or special loss or damage;
• We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
• We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
• Our maximum liability in relation to any event or series of related events will be limited to INR 5000.

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

• Send you one or more formal warnings either through this website or email;
• Temporarily suspend your access to the website;
• Permanently prohibit you from accessing the website;
• Block computers using your IP address from accessing the website;
• contact your internet services provider and request that they block your access to the website;
• bring court proceedings against you for breach of contract or otherwise;
• suspend and/or delete your account with the website; and/or
• Immediately terminate your right to use our service/ products.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

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We may revise and amend the terms and conditions of this Agreement from time to time with or without any prior intimation as required to enhance the products or services provided by us or required due to amendment in any of the applicable law. Any change or amendment shall be notified either expressly or through the revision in the terms mentioned herein.

We may sub-contract, assign, delegate or otherwise transfer our rights, remedies and obligations under these terms of use without notifying you or obtaining your consent to any of our affiliate/ group companies or any other third party as authorized by us.

You may not sub-contract, assign, delegate or otherwise transfer your rights, remedies and obligations under these terms of use, without our express written consent.

In the event of the occurrence of an event beyond the reasonable control and contemplation of the parties that prevents Kartapult to provide the services offered on this website or perform any such obligation under these terms and conditions, Kartapult shall not be held liable for any loss arising from such breach.

If all or any of the terms and conditions mentioned in this Agreement is held to be unlawful or unenforceable by any competent authority or due to the effect of amendment in any law. The remainder of the Agreement shall be valid and enforceable with full effect. 

Any temporary or one- or other-time waiver of any provision or term of the policy by us as set forth in these terms of use shall not be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure by us to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.

We may, deny access to or terminate any Services, close any Customer Account, and/or terminate this Agreement for cause: 

1. if you or any user authorized by you has materially breached this Agreement and such breach remains uncured 10 days after written notice of breach, 
2. if you have become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors and such proceeding has not been dismissed with fifteen (15) calendar days of its commencement, 
3. if you have breached the terms and conditions of a third-party service provider or such third-party service provider has requested in writing that we refrain from providing Services to you, or 
4. if we have determined that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our other customers or users.

Upon termination or expiration of this Agreement: 

1. all rights to access or use the Services will terminate and we will cease providing the Services; 
2. you will timely pay all applicable Fees accrued but unpaid; 
3. all liabilities accrued before the date of termination or expiration will survive; and
4. upon written request, each Receiving Party will return or destroy (and certify in writing to Disclosing Party such destruction of) all copies of Disclosing Party’s Confidential Information, except for one archival copy captured by system-backup media, provided that the backup media are maintained in confidence.

These terms of use, together with our privacy policy, and other policies mentioned in these terms of use or anytime published on the website of Kartapult, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements, understandings, representations and warranties (both oral and written) in respect of your use of this website.

Upon termination or expiration of this Agreement: (i) all rights to access or use the Services will terminate and we will cease providing the Services; (ii) you will timely pay all applicable Fees accrued but unpaid; (iii) all liabilities accrued before the date of termination or expiration will survive; and (iv) upon request, each Receiving Party will return or destroy (and certify in writing to Disclosing Party such destruction of) all copies of Disclosing Party’s Confidential Information, except for one archival copy captured by system-backup media, provided that the backup media are maintained in confidence.

These terms of use and the services provided by Kartapult are subject to and in compliance with the applicable laws of the republic of India including but not limited to the Information Technology Act, 2000, The Digital Personal Data Protection Bill, 2023 along with the applicable rules and guidelines and as amended from time to time.

Customer should not share Kartapult's agreements/projections with any third-party agency. Kartapult will also ensure that Customer’s accounts are not shared with any competing agency.

Nothing in these Terms or your use of the Services shall in any way constitute any agency, association, partnership, joint venture or employee-employer relationship between you and Kartapult. You shall not have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind Kartapult in any manner.

Nothing in these Terms or your use of the Services shall in any way constitute any agency, association, partnership, joint venture or employee-employer relationship between you and Kartapult. All or any of the disputes arising out of this Agreement shall be governed by the laws of Republic of India and the courts of New Delhi, Haryana shall have sole, exclusive and competent jurisdiction over such disputes or matters. You shall not have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind Kartapult in any manner.