TERMS OF USE FOR SALE OF GOODS AND SERVICES
This is an agreement between us ("Company/ “we”/ “us”"), the owner and operator of the "Website", and you ("you" or "You"), a Vendor or service provider and user of the Website. These terms and conditions are an electronic record in terms of Information Technology Act, 2000 and the rules made thereunder (“IT Act”) as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms of Use (“Terms of Use”) are published in accordance with the Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of our Website. This Terms of Use takes effect when you click an "I Accept" button or check box presented with these terms or, if earlier, when you use any of the goods or service offerings.
These Terms of Use shall apply to all Vendors of the Website, including sellers who are browsers, contributors of the content and to all sellers of the Services including without limitation the manufacturers, wholesale retailers, service providers (collectively, the “Vendor(s)”). By visiting, accessing and/or registering any part of the Website or utilising the Services, the Vendor agrees to be bound by these Terms of Use, including any additional terms and conditions and policies referenced herein.
By accessing or using and/or registering on the Website you acknowledge and agree to these Terms of Use as well as the Privacy Policy and Anti-Counterfeiting Policy which can be found at [insert page link to privacy policy] and [insert page link to Anti-Counterfeiting Policy] respectively is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Website.
The Company, through its Website, offers an [e-Commerce marketplace for selling products and various services across listed categories, and associated marketing, payment, order management, enquiry management tools and other incidental services to enable the transactions as available from time to time] (collectively referred to as the “Services”). The Company, through its Website, enables business listing, product listing and campaigns (including the sale, announcements, events and advertisements) for conducting business activities, and selling or buying products and services across the listed categories, sharing of the above details by business or customer to their connections inside/outside Website. The Website tracks and stores the business and users' activities/ trends for improving Website usage and other marketing activities. Business information could be used for marketing and analytical needs.
The Website, by nature, enables business-to-user communications and Vendor-to-Vendor communication along with a view of activities, sharing of messages, interests and etc. The location of the Website Vendors is always tracked and stored for getting accurate results and social networking by the Website.
The Website can enable social networking between users to businesses and users to users by posting each other’s activities.
Communication and other media information created, shared and viewed are stored in the Company’s servers. The Company is not responsible for the loss of messages stored in the server. Any illegal or inappropriate messages and information will be removed by Company with or without any notification to the Vendors. The Company will not read, sell or rent customer message content.
Communication and Website availability time may not be guaranteed all the time which could be influenced by system outages, failures and other network-related issues.
These Terms of Use govern the use of the Website, by installing, downloading or even merely using the Website, the Vendors shall be contracting with the Company and signify their acceptance to the Terms of Use and other policies of the Company (the “Policies”) as posted on the Website from time to time, which takes effect on the date on which the Website is downloaded and creates a legally binding arrangement to abide by the same.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. Only individuals who are 18 (Eighteen) years of age or older may use the Website and avail of/provide the Services. The Company reserves the right to terminate the Vendor account and/or deny access to the Website if it is brought to the Company’s notice that the Vendors are under the age of 18 (Eighteen) years. Any person accessing the Website and availing information pertaining to the products, services or opportunities on behalf of an organization and/or registering on the Website represents and warrants that it is duly authorized by the organization to accept these Terms of Use and that such person has the authority to bind the organization to these Terms of Use.
2. Your Account
1. Account Creation
In order to participate in the business opportunities offered by the Company on the Website, you must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a unique username for your business(es).
2. Responsibility for Account
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
3. Liability for Account Misuse
The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
4. Use of Other Accounts
You may not use anyone else's account at any time, without the permission of the account holder.
5. Account Security
The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Website allows both the customers and the Vendors to place orders for the Services sold or view details provided by various Vendors and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the Vendors to the customers. The Company does not own, sell, or resell the goods or Services on its own and/or does not control the Vendors. The Company reserves the right to delist any Vendor/ Services from the Website.
Along with the Terms of Use of the Customers located at [insert link to the page of Terms of Use for Customers], the Company may impose any other additional terms and conditions for selling/reselling of the concerned Services.
All commercial/contractual terms are offered by and agreed to between Vendors and customers. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc.
The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Vendors and the customers. All discounts and offers are by the Vendors and not by the Company.
In connection with any order, information such as name, billing address and credit card information will have to be provided by the Vendor or the third-party payment processor. Any payment on behalf of the customer to the Vendor will be the sole responsibility of the customer. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill will be charged and determined by the Vendor. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising from the taxes payable shall be with the Vendor.
The transaction is bilateral between the Vendor and the customer and therefore, the Company is not liable to charge or deposit any taxes applicable on such transaction.
Any money transactions between a Vendor and another Vendor or Vendor and customer is a sole response between them. The Company holds no responsibility for the loss of money or any illegal activities during this transaction. The transaction records may be kept with the Company for any audit trails by the Company to support any official or governmental claims. Both the sending and the receiving party should take due intelligence to know each other before initiating the transactions. The Company can only provide limited details to the Vendors of this kind of transaction since most of the payments are captured or executed outside the platform by third-party providers. The Company only provides a way of initiating and limited monitoring of the transaction in the platform. Original transaction confirmation may not be accurately provided with the Company's interface. Vendors will validate the details with the payment processing platform to confirm the transaction through the outside interface.
You may not engage in any of the following prohibited activities:
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Copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated "scraping",
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Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website,
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Transmitting spam, chain letters, or other unsolicited emails,
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Attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Website,
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Taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Website infrastructure,
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Uploading invalid data, viruses, worms, or other software agents through the Website,
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Collecting or harvesting any personally identifiable information, including account names, from the Website,
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Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Website to you;
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Using the Website for any commercial solicitation purposes,
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Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
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Interfering with the proper working of the Website,
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Falsifying, disabling or deleting any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or other material contained in a file that is uploaded,
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Using any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Website,
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Using the Website in a manner inconsistent with any applicable laws or regulations,
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Accessing any content on the Website through any technology or means other than those provided or authorized by the Website, or
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Bypassing the measures we may use to prevent or restrict access to the Website, including without limitation, features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service or the content.
The Vendors hereby represent and warrant that all the goods and Services provided by it through the Company/Website shall adhere to all the acceptable market standards and norms in relation to such Services. The Vendors shall at its own costs obtain all the necessary approvals, licenses and/or registrations as required under applicable laws to sell/provide the Services and at all times adhere to its obligations covered under Section 19. The Company shall not be liable for the any non-compliance in relation to the obligations of the Vendors set forth herein and the Vendors shall keep the Company indemnified in this regard.
6. Disclaimers of Warranties and Limitation of Liability
The Company endeavors to make the Website available at all times. However, the Company does not represent that access to the Website will be uninterrupted, timely, error-free; free of viruses or other harmful components or that such defects will be corrected.
The Company does not warrant that the Website will be compatible with all hardware and software, which is used by the Vendors. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing the Website.
The Company has compiled and organized the content of this Website to the best of its knowledge and provides it on an “as is” basis. No representation is made or warranty given, either express or implied, for the completeness, accuracy, reliability, security, timelines, or fitness for a particular purpose, of the content of the Website.
The Vendors shall be solely responsible for the details pertaining to specifics (such as quality, value, saleability, etc.) of the Services proposed to be sold or offered to be sold or purchased on the Website. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to the Vendors or customers, and in no event shall such products be the responsibility of the Company.
The Company is not responsible for any non-performance or breach of any contract entered into between the Vendors and the customers. The Company cannot and does not guarantee that the concerned Vendors will perform any transaction concluded on the Website. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Vendors concerned.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Vendors.
The Company does not at any point in time during any transaction between any Vendor and a customer take possession of any of the Services offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the Services nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Vendors and/or customers. The Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back-ordered.
The Company only provides a platform for communication, and it is agreed that the contract for the sale of any of the Services shall be a strictly bipartite contract between the Vendors and customers concerned.
The Website may be under constant upgrades, and some functions and features may not be fully operational.
The Company does not make any representations pertaining to the information, content, goods or Services included on or otherwise made available to a Vendor through the Website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website.
The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Website, or for any other claim related in any way to the use of the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
The Company shall not be liable to anyone else for any losses or injury arising out of or relating to the information provided on the Website. In no event will the Company or its employees, affiliates, authors or agents be liable to the Vendors or any third party for any decision made or action taken by the Vendors.
7. Selling
Vendors are permitted to list Services for sale on the Website in accordance with the Policies, which are incorporated by way of reference in this Terms of Use. The Vendors represent and warrant that they are legally able to sell or list the products and services on the Website; and the listed items/services do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
All information about the Vendors that are collected, stored or transmitted in any way on the Website, including any registration information, is subject to our Privacy Policy (the “Privacy Policy”), located at [insert the privacy policy page link].
9. Anti-Counterfeiting Policy
All information about the provisions pertaining to anti-counterfeiting and products listing is provided in Anti-Counterfeiting Policy (the “Anti-Counterfeiting Policy”), located at [insert the Anti-Counterfeiting Policy page link].
The Company may provide you with access to third-party tools over which the Company neither monitors nor has any control or input.
The Vendors acknowledge and agree that access to such tools is on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by the Vendors of the optional tools offered through the Website is entirely at their own risk and discretion and it is the responsibility of the Vendors that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
The Company may also, in the future, offer new features through the Website (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Use.
Certain content or products available via the Website may include materials from third parties. These links are provided solely as a convenience for you. If you follow these third-party links, you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those websites.
Third-party links on the Website may direct you to third-party websites that are not affiliated with the Company. We clarify that these third-party sites are operated by third parties and are not under our control and have no affiliation or association with us unless specifically expressed. Providing the third-party links does not imply or convey any endorsement by the Company in any manner or of the contents of the third-party links. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
The Company discourages you from sending or posting to this Website any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, the Company will assume that it is not confidential. By sending or posting any information or material, you grant the Company unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you agree that the Company is free to use any ideas, concepts, know-how or techniques that you send or post for any purpose on this Website.
13. Intellectual property
The Company is either the owner of intellectual property rights or has the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on the Website, and on the material published on it.
The Vendors must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The Vendors must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from the Company.
The Vendors agree to indemnify, defend and hold harmless the Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of a breach of these Terms of Use or any information or other content you provide on or through this Website or the documents they incorporate by reference or violation of any law or the rights of a third party.
Cancellation: In the event the Vendor wishes to opt out of the Website or is displeased with it, the Vendor can delete its account with the Company and stop using the Website. In the event, the Vendor opts to delete its account, any outstanding dues in relation to the account of such Vendor, the Company shall adjust/claim the same and the Vendor shall be liable to pay immediately such amounts.
Refund: All information for the Vendors in relation to payments and refunds is located at [insert the payment and refund policy page link].
16. Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
Either party may terminate this agreement for any reason on 60 (sixty) business days’ notice to the other party.
17. Termination for Insolvency
If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect. Either party may terminate this agreement with immediate effect if there is or becomes any law that makes the performance of the terms of this agreement illegal or otherwise prohibited, or any governmental authority issues an order restraining or enjoining the transactions under this agreement.
These Terms of Use and any policies or operating rules posted by the Company on the Website constitute the entire agreement and understanding between the Vendors and the Company with respect to the Website, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Vendors and the Company (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company and shall take no actions which would cause the Company to be in violation of any laws, rulings or regulations applicable to the Company.
What we know about you we get mostly from you. But we may also have to find out more about you from other sources in order to verify the information submitted by you, and to make sure that what we know about you is correct and complete. This kind of verification is primarily done in order to address various security concerns, and to ensure that you comply with the provisions of applicable laws, and the Terms of Use and other terms and conditions as may be prescribed by us from time to time. We do not collect personally identifiable information (about you, expect when you specifically provide such information on a voluntary basis.
21. Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceedings, which is commenced to resolve any matter arising under or relating to this Website, shall be subject to the jurisdiction of the courts in [insert name of the state/city].
Questions about the Terms of Use should be sent to us at [insert the email id of the customer support of the company].
By using or accessing the Website, our servers (hosted by a third-party service provider) may collect information indirectly and automatically about your activities on the Website by way of cookies. Cookies are pieces of information that a site sends to your computer or other media devices while you are viewing or interacting with the Website. We use cookies and other such devices to compile anonymous, aggregated statistics that allow us to understand how users use our Website and to help us improve the structure of our Website (we cannot identify you personally in this way). We may combine your visitor session information or other information collected through cookies and other technical methods with personally identifiable information in order to understand and improve your online experiences and to determine what category/nature of businesses and locations you prefer or are likely to be of interest to you.
You can change your web browsers settings to accept or not to accept cookies. However, if you do not accept these cookies, you may experience some inconvenience in your use of our services. We may use third-party service providers to serve ads on its behalf across the internet. Such third-party service providers may collect anonymous information about your use of the Website. Personally identifiable information is not linked to data collected from this source.
23. Shipping and Order Fulfilment
The shipping and order fulfillment shall be as per the terms contained in Disclaimer to Third Party Logistics Services Provider. .
