This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.ekartlogistics.com website.

The domain name www.ekartlogistics.com (hereinafter referred to as "Website" or “Ekart’s Website”) is owned by Instakart Services Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at Brigade Manae Court, First Floor, No.111, Koramangala Industrial Layout, Bangalore- 560 095, Karnataka, India, (hereinafter referred to as "Instakart").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Ekart and these terms and conditions including the policies constitute Your binding obligations, with Ekart.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural person above the age of 18 (eighteen) years, who is accessing the Website using the computer systems. Flipkart allows the User to use the Website with or without registering on the Website. The term "We", "Us", "Our" shall mean Flipkart Internet Private Limited.

When You use any of the services provided by Us through the Website, including but not limited to, all shipping, tracking, rating, receiving Ekart invoices and remitting payment, drop-off location, recipient details of delivered shipment, merchant name, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service including the consignment note (waybill), and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

1. Use of the Website:

The Website is provided solely for the use of current and potential Ekart customers to interact with Ekart and may not be used by any other person or entity or for any other purpose. Specifically, all shipping, tracking, rating, receiving Ekart invoices and remitting payment, drop-off location, recipient details of delivered shipment, merchant name. Unless indicated otherwise in the terms of use of a specific interactive feature on the Website, the use of the Website to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.

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

1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which You do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• is misleading in any way;
• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]:
• promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password - only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person (with a minor or an adult).
• tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Ekart's prior written consent means a communication coming from Instakart’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
• solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
• interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
• refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
• violates any law for the time being in force;
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• shall not be false, inaccurate or misleading;
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
• shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

1.2.You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

1.3.You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

1.4.You shall not 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. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

1.5.You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Instakart, Ekart,www.ekartlogistics.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of Instakart or Ekart on platform or otherwise tarnish or dilute any Ekart’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Ekart's systems or networks, or any systems or networks connected to Ekart.

1.6.You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

1.7.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

1.8.You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ekart and / or others.

1.9.You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

1.10.Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

1.11.Ekart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

2.Ekart username registration:

You may choose to register on the Ekart Website to access interactive features on the website. The Ekart Website username provides you with access to various online services, including but not limited to “Tracking”, “Service Guide” “Merchant detail” and “Recipient details. In the future, Ekart Website may add other features that may be accessed through the Instakart Website username. In such event, previously registered users may or may not be required to re-register for availing services offered by Instakart on Ekart Website.

3.Changes to the Ekart Website:

The Ekart Website and its contents may be changed, deleted or updated at any time without notice.

4.Termination of Use:

Ekart Website reserves the right to discontinue, suspend or modify the Content (terms of this agreement referred as “Content”) of the Ekart Website at any time without notice and Ekart may block, terminate or suspend yours and any user’s access to the Ekart website at any time for any reason in its sole discretion, even if access continues to be allowed to others.

5.Ownership:

The Ekart’s Website and its contents, including but not limited to Ekart’s logo, are protected by the laws of India.

Customer (“Customer” referred as User of the services) may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Ekart Website or its Content’s thereof.

6.Disclaimer of Warranty:

The Ekart Website and its contents are provided “AS IS”. Ekart and its licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement regarding any Content and your ability or inability to use the Ekart Website and its Content.

Without prejudice to the forgoing paragraph, Ekart does not warrant that:

• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.

7.Limitation of Liability:

Use of the Ekart Website and its Content is at your sole risk. The Ekart Website will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use the Ekart Website and its contents including without limitation, damage for lost profits, business, data, or damage to any computer systems, even if you have advised Ekart Website of the possibility of such damage.

Notwithstanding the above, to the extent permitted by the applicable law, you agree that in no event shall Ekart’s total liability for damages (direct or otherwise) or loss regardless of the form of action or cliam, whether in contract, tort or otherwise, exceed Rs. <<>> (Rupees <<>> only) for consignments. To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.

8.Indemnity:

You agree to defend, indemnify and hold harmless Ekart Website, Instakart, its parent and its affiliate companies and their respective officers, directors, employees, agents and representatives from any all claims arising out of wilful misconduct and gross negligence, violation of applicable laws, breach of the representations and warranties, breach of any of these terms and conditions, and any of your activities conducted in connection with Ekart Website.

9.Links to other websites:

There are links on the Website that allow You to visit the sites of third parties. Neither those sites nor the companies to whom they belong are controlled by Ekart. Ekart makes no representations concerning the information provided or made available on such sites nor quality or acceptability of the products or services offered by any persons or entities referenced inn any such sites.

Ekart has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

10.Privacy Policy:

The Ekart Privacy Policy governs the use of information acquired from You through the Website.

• We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.
• We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
• We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
• We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
• We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

11.Miscellaneous:

Ekart is entitled to use any mode and route for transportation.

12.Ekart Tracking Updates:

Ekart authorizes You to request tracking updates for a shipment for which You are the recipient and You agree to only request tracking updates for a shipment for which You are the recipient, subject to these Terms and Conditions. You acknowledge and agree that tracking updates are the private property of Ekart, and are provided to You free of charge and that any use of tracking update information is at Your sole risk. Tracking updates are provided “AS IS” and Ekart disclaims all Warranties or conditions, Expressed or Implied.

13.Trademark, Copyright and restriction:

This Website is controlled and operated by Instakart. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Any material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

14.Governing law and Jurisdiction:

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.