TOS - Revised Draft - R
TOS - Revised Draft - R
1. GENERAL
“Website”).
b. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
a. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the
Company, as the context so requires.
b. “You”, “Your”, “Yourself”, “User”, “Buyer”, “Vendor”, “Seller”and
“Customer” shall mean and refer to natural and legal individuals who use
theWebsite and who is competent to enter into binding contracts, as per
Indian laws.
c. “Buyers/Customers” shall refer to those willing to avail services for the
purchase and delivery of goods through the Platform and “Sellers/Vendors”
shall refer to those from whom Buyers can purchase products through the
Platform.
d. “User” shall refer to both “Customers/Buyers” and “Seller/Vendors”.
e. “Services” refer to providing a Platform for Customers to purchase goods
and products offered by the variety of Sellers, make payment and receive
delivery through the use of a single platform.
f. “Third Parties” refer to any company or individual apart from the User and
the creator of this Application.
g. The term “Platform” refers to the Website which provides the Customer the
facility to purchase products from various online Vendors and receive Commented [V3]: Confirm the same.
2. REGISTRATION
Registration is mandatory for the Users to access the Services provided by the
Company through the Platform. Commented [V4]: Confirm the same.
Registration for this Platform is available only to those above the age of eighteen (18)
years, barring those “Incompetent to Contract” which inter alia include insolvents. If
you are a minor and wish to use the Platform as a User, You may do so through your
legal guardian and the Company reserves the right to terminate your account on
knowledge of you being a minor and having registered on the Platform or availing
any of its Services.
Further, at any time during Your use of this Platform, including but not limited to
the time of registration, You are solely responsible for protecting the confidentiality
of Your Username and password, and any activity under the account shall be deemed
to have been done by You. In the case that you provide us with false and/or
inaccurate details or we have reason to believe you have done so, we hold the right to
permanently suspend your account. You agree that you will not disclose your
password to any third party, and that you will take sole responsibility for any
activities or actions under your account, whether or not you have authorized such
activities or actions. You will immediately notify us of any unauthorized use of your
account.
3. SERVICE OVERVIEW
The Company shall act as an facilitator/service provider for sale and purchase
transactions between Buyers and Sellers. It is a Multi vendor marketplace for
finding and buying electronic gadgets which is unique in nature. The Platform
displays various electronic products available for sale from a large number of
Sellers/Vendors, for retail purchase and provides discounted rates and exclusive
offers for the same to registered customers. Commented [V5]: Confirm the same.
4. ELIGIBILITY
The User represents and warrants that they are competent and eligible to enter into
legally binding agreements and of 18 years of age, and that they have the requisite
authority to bind themselves to these Terms in accordance with the Law.
The User further represents that they will comply with this Agreement and all
applicable local, state, national and international laws, rules and regulations.
The User may not use the Platform if they are not competent to contract or are
disqualified from doing so by any other applicable law, rule or regulation currently in
force.
a. These Terms shall continue to form a valid and binding contract between the Parties
and shall continue to be in full force and effect until the User continues to access and
use the Services and Platforms.
b. A Customer may terminate their use of the Services and the Platform at any time.
c. The Company may terminate these Terms and close a User’s account at any time
without notice and/or suspend or terminate a User’s access to the Platform at any
time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action
against you that the Company considers appropriate.
e. It is also hereby declared that the Company may discontinue the Services and
Platforms without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the
User’s access to the Services, or any portion thereof, at any time, without notice or
cause.
The Platform also reserves the universal right to deny access to particular Users, to
any/all of its Services without any prior notice/explanation in order to protect the
interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform
and its features with respect to different Users, or to change any of the features or
introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the
Parties that the User shall not have the right to terminate these Terms till the expiry of
the same.
By using this Services and Platforms, and providing his/her identity and contact
information to the Company through the Platform, the User hereby agrees and
consents to receiving calls, e-mails or SMSs from the Company and/or any of its
representatives at any time.
Customers can report to Help@[Link] if they find any discrepancy with regard to Commented [V10]: Confirm the same.
Service related information and the Company will take necessary action after an
investigation. The response with resolution (if any issues found) shall be dependent on
the time taken for investigation.
9. PAYMENT
Charges
The Platform offers wide range of services including but not limited to promoting
sales, displaying advertisements etc. To avail any additional services apart from
Registration/ subscription and basic listing of products, fees/charges are applied for
all and any additional services the seller/Vendors choose to purchase from our
platform. However, before applying any fees/charges, we obtain consent from the
Seller/Vendor.
Payment Methods
i. Debit Card
ii. Online Wallets
iii. Online Payment Gateways
iv. PayUMoney
The User(s) acknowledges that a minimum of one of the above payment methods shall
be offered on the Platform. The Users are solely responsible for the genuineness of
credentials and payment information provided on the Platform and the Platform shall
not be liable for any consequences, direct or indirect, resulting from the provision of
incorrect or untrue credentials or payment information by any Users.
Further, the Platform does not bear any liability for any activities, breaches,
discrepancies or technical problems experienced by the Users whilst using any third-
party payment gateway to make payments. The relationship between the Users and
third-party payment gateway shall be governed by the Terms of Use and Privacy Policy
of the said payment gateway, and the Platform shall not be associated with any dispute
arising therefrom.
The Company will not be liable for any credit card fraud. The liability to use a card
fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on
the user. To provide a safe and secure shopping experience, we regularly monitor
transactions for fraudulent activity. In the event of detecting any suspicious activity, the
Company reserves the right to cancel all past, pending and future orders without any
liability. Commented [V12]: Confirm the same.
The Company shall disclaim all responsibility and owns no liability to Users for any
outcome (incidental, direct, indirect or otherwise) from the use of the Services. The
Company, as a merchant shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for any
Transaction, on Account of the Cardholder having exceeded the preset limit mutually
agreed by us with our acquiring bank from time to time.
The User agrees and acknowledges that they are a restricted User of this Platform, and
that they:
a. Engage in any activity that interferes with or disrupts access to the Platform or
the Services provided therein (or the servers and networks which are connected
to the Platform);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent
his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of the Platform or any network connected to
the Platform, nor breach the security or authentication measures on the Platform
or any network connected to the Platform. The User may not reverse look-up,
trace or seek to trace any information relating to any other User of, or visitor to,
the Platform, or any other viewer of the Platform, including any User account
maintained on the Platform not operated/managed by the User, or exploit the
Platform or information made available or offered by or through the Platform, in
any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the
Platform, systems resources, accounts, passwords, servers or networks connected
to or accessible through the Platform or any affiliated or linked Platforms;
e. Use the Platform or any material or content therein for any purpose that is
unlawful or prohibited by these Terms, or to solicit the performance of any illegal
activity or other activity which infringes the rights of this Platform or any other
third party (ies);
f. Violate any code of conduct or guideline which may be applicable for or to any
particular service offered on the Platform;
g. Violate any applicable laws, rules or regulations currently in force within or
outside India;
h. Violate any portion of these Terms or the Privacy Policy, including but not limited
to any applicable additional terms of the Platform contained herein or elsewhere,
whether made by amendment, modification, or otherwise;
i. Commit any act that causes the Company to lose (in whole or in part) the Services
of its Internet Establishment ("ISP") or in any manner disrupts the Services of
any other supplier/service provider of the Company/Platform;
Further:
j. The User hereby expressly authorizes the Company/Platform to disclose any and
all information relating to the User in the possession of the Company/Platform to
law enforcement or other government officials, as the Company may in its sole
discretion, believe necessary or appropriate in connection with the investigation
and/or resolution of possible crimes, especially those involve personal injury and
theft/infringement of intellectual property. The User further understands that the
Company/Platform might be directed to disclose any information (including the
identity of persons providing information or materials on the Platform) as
necessary to satisfy any judicial Order, law, regulation or valid governmental
request.
k. By indicating User's acceptance to purchase any product or service offered on the
site, user is obligated to complete such transactions after making payment. Users
shall prohibit from indicating their acceptance to purchase products and services
where the transactions have remained incomplete.
l. The User agrees to use the services provided by the Company, its affiliates,
consultants and contracted companies, for lawful purposes only.
m. The User agrees not to make any bulk purchase to indulge into any resale
activities. In case of any such instances, the Company reserves all rights to cancel
the current and future orders and block the concerned User account.
n. The User agrees to provide authentic and true information. The Company
reserves the right to confirm and validate the information and other details
provided by the User at any point of time. If upon confirmation such User details
are found to be false, not to be true (wholly or partly), the Company shall in its
sole discretion reject the registration and debar the User from using the Services
available on its Website, and/or other affiliated websites without prior intimation
whatsoever.
o. Failure or denial by another user to honor the deal, Coupon or coupon code not
working in case of online coupons needs to be reported within 24 hrs of the
purchase of the deal or coupon. Commented [V14]: Kindly confirm if this clause is required.
p. The User agrees not to post any material on the website that is defamatory,
offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any
goods or services. More specifically, the User agrees not to host, display, upload,
update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which the User has no right to;
ii. 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;
iii. is in anyway harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages
or communicates any information which is grossly offensive or
menacing in nature;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean
or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any information which 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;
x. threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes
incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation.
Notwithstanding other legal remedies that may be available, the Company may in its
sole discretion, limit the User’s access and/or activity by immediately removing the
User’s access credentials either temporarily or indefinitely, or suspend/terminate the
User’s association with the Platform, and/or refuse to usage of the Platform to the User,
without being required to provide the User with notice or cause:
12. INDEMNITY
You (the User) agree to indemnify, defend and hold harmless the Company/Platform, its
service providers, and their respective directors, officers, employees and agents
(collectively, "Parties"), from and against any and all losses, liabilities, claims, damages,
demands, costs and expenses (including legal fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or incurred by us that arise
out of, result from, or may be payable by virtue of, any breach or non-performance of
any representation, warranty, covenant or agreement made or obligation to be
performed by You pursuant to these terms of use. Further, you agree to hold us
harmless against any claims made by any third party due to, or arising out of, or in
connection with:
You agree to fully cooperate in indemnifying us at your expense. You also agree not to
reach a settlement with any party without our consent.
In no event shall the Company/Platform be liable to compensate the User or any third
party for any special, incidental, indirect, consequential or punitive damages
whatsoever, including those resulting from loss of use, data or profits, whether or not
foreseeable, and whether or not the Company/ Platform had been advised of the
possibility of such damages, or based on any theory of liability, including breach of
contract or warranty, negligence or other tortuous action, or any other claim arising out
of or in connection with the User’s use of or access to the Platform and/or the Services
or materials contained therein.
Unless expressly agreed to in writing, nothing contained herein shall give the User a
right to use any of the Platform’s trade names, trademarks, service marks, logos, domain
names, information, questions, answers, solutions, reports and other distinctive brand
features, save according to the provisions of these Terms. All logos, trademarks, brand
names, service marks, domain names, including material, designs, and graphics created
by and developed by the Platform and other distinctive brand features of the Platform
are the property of the Company or the respective copyright or trade mark owner.
Furthermore, with respect to the Platform created by the Company, the Company shall
be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any
manner that is likely to cause confusion among existing or prospective Users of the
Platform, or that in any manner disparages or discredits the Company/Platform, to be
determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights,
relating to said Services resides with the owners, and that at no point does any such
intellectual property stand transferred from the aforementioned creators to the
Company, or to any other User. The User is aware that the Company merely provides a
Platform through which the Users can communicate and schedule meetings, and the
Company/the Platform does not own any of the intellectual property relating to the
independent content displayed on the Platform, apart from originally created graphics
and specified content
The User is further aware that any reproduction or infringement of the intellectual
property of the aforementioned owners by the User will result in legal action being
initiated against the User by the respective owners of the intellectual property so
reproduced/infringed upon. It is agreed to by the Parties that the contents of this
Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to
resolve the same amicably amongst themselves, to the mutual satisfaction of all
Parties. In the event that the Parties are unable to reach such an amicable solution
within thirty (30) days of one Party communicating the existence of a dispute to any Commented [V17]: Confirm the same.
other Party, the dispute will be resolved by arbitration, as detailed herein below;
b. Arbitration: In the event that the Parties are unable to amicably resolve a
dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator
to be appointed by the Company, and the award passed by such sole arbitrator will
be valid and binding on all Parties. The Parties shall bear their own costs for the
proceedings, although the sole arbitrator may, in his/her sole discretion, direct
either Party to bear the entire cost of the proceedings. The arbitration shall be
conducted in English, and the seat of Arbitration shall be the city of Hyderabad
The Parties expressly agree that the Terms, Policy and any other agreements entered
into between the Parties are governed by the laws, rules and regulations of India.
18. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User
may be communicated to the Company by the User by emailing to Help@[Link] .
MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and
final contract between the User and the Company with respect to the subject
matter hereof and supersedes all other communications, representations and
agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any
provision of these Terms shall in no manner affect such Party's right at a later
time to enforce the same. No waiver by either Party of any breach of these Terms,
whether by conduct or otherwise, in any one or more instances, shall be deemed
to be or construed as a further or continuing waiver of any such breach, or a
waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal
or unenforceable by any court or authority of competent jurisdiction, the validity,
legality and enforceability of the remaining provisions/clauses of these Terms
shall in no way be affected or impaired thereby, and each such provision/clause of
these Terms shall be valid and enforceable to the fullest extent permitted by law.
In such case, these Terms shall be reformed to the minimum extent necessary to
correct any invalidity, illegality or unenforceability, while preserving to the
maximum extent the original rights, intentions and commercial expectations of
the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the
Platform, or your experience with the Service, you can contact us at
Help@[Link].