Buyer Terms & Conditions

TERMS OF USE

 

1.        GENERAL

a)       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.

 

b)       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.shopnista.com.

 

c)      The domain name www.shopnista.com ("Website") is an internet based application owned and operated by Phalin Impex private Limited (“Company”) a Private Limited Company incorporated under Companies Act, 2013, and having its registered office at Flat No- D, Ground Floor No – JJ/4A Neelkantaha Apartment Foyra bhavan Ashwininagar Baguiati Kolkata – 700159 West Bengal, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

 

d)       For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

i)         The term ‘You’ ‘Your’ & ‘User’ ‘Customer’ shall mean any legal person or entity accessing ,using the services or purchasing Products provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;

ii)       The terms ‘We’, ‘Us’& ‘Our’ shall mean the Website and/or the Firm, as the context so requires.

iii)    The term ‘Products’ shall mean those items listed for sale on the Website, including but not limited to Clothing for Men and Women, Apparel and Accessories, Toys, Lighting needs, Travel items, Computer and related goods, Health and Beauty products, Cameras and related items and other Electronics.

iv)     The terms ‘Sellers’ and ‘Vendors’ shall mean and refer to those persons who provide a price to sell Products on the Website.

 

v)        The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

 

e)       The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

 

f)       The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy (“Policy”, available at http://shopnista.com/privacy-policy) and any modifications or amendments made thereto by the Firm from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Section 3 hereunder.

 

g)       The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service (which shall mean and include merely entering the Website or, providing a price for the Product along with using other  facilities and services)that is provided by the Website and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

 

h)      The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

1.1               You may not use the Website/ if You do not accept the terms and conditions laid down in this Agreement. This Terms of Service shall form the entirety of any express or implied contract that may or may be deemed to exist between us and you, the users of the Website. By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by our Privacy Policy.

 

2.       ELIGIBILITY

     The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

 

3.       TERM

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:

a)       The User continues to access and use the Website; or

b)       The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;

Whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 15, 16, 17, 20 & 22 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein. 

 

4.       TERMINATION

The Firm reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Products offered on the Website, or any portion thereof, at any time, without notice or cause. 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, as described in Clause 3 hereinabove.

 

5.       ONLINE PLATFORM

Website is an online e-commerce Platform for users to Buy and sell products. The Sellers on our Website are registered and verified before they can start selling. We look to provide You with trusted sellers, best price and ideal delivery options. The User shall have to search for the desired Product, select it, add the product to the online cart provided on the website and needs to checkout the Product. Upon checkout, the User shall have to login with his/her Username and will have to provide delivery details. The User shall have to select a mode of payment, after which the order for the desired product shall be placed.

 

6.  REGISTRATION

To fully avail the services of the Website and use of it, registration is required. In order to purchase Products from this Website, You are required to register and create an account for Yourself by providing the following information which inter alia includes Name, Address, User Name, Password, Email ID, Mobile Number, etc. Users who register with the website can purchase the listed Products from various sellers on the Website.

The Email ID provided during registration can be of any Email service provider including but not limited to Gmail, and Yahoo mail. This cannot be changed at any point.

Registration for this website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and website/ Firm reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. Further, at any time during Your use of this Website, 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.  

 

Company/ Website reserves the right to refuse access to use the Services offered by the Website to new users or to terminate access to existing users at anytime without any reasons for doing so. The User shall not have more than one active account on the Website. You are prohibited from selling, trading or otherwise transferring Your account to another party.

You are solely responsible for all activities on the account and maintaining confidentiality of the details of your account. Firm/ Website will not be responsible for any activity arising due to mishandling of Your account either by you or by any other person. You will notify us for any unauthorised access on Your account. You will not look up or try to modify any account that is not owned by You.

 

 

7.       COMMUNICATION

By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Firm and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to [email id provided at contact us page at www.shopnista.com] with the subject unsubscribe. The User agrees and acknowledges that it may take up to 30 business days for the Firm to give effect to such a request by the User.  

 

The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.

It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Policy.

 

8.      CHARGES

The use of this Website by the User, including browsing the Website is free of cost. Company / Website does not fix the prices for the goods. The User is only required to pay for the Products purchased from the Website. The price quoted by the seller for the Products shall be inclusive of all taxes. The total amount payable for the Products shall be displayed on the checkout page, which will be inclusive of all taxes and shipping and handling charges. The Seller shall do the shipping of the Products to the Customers through courier. The Website shall occasionally offer special promotions and discounts, which can include but not limited to prices, additional product, and free deliveries. The Company at its sole discretion can determine the duration of the offers and the Products on discount.

 

9.       MODE OF PAYMENT

After the User has confirmed the Products he/she wishes to purchase, the User will be asked for their contact information, as well as payment related information for the money transaction. To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.

 

The Firm accepts the following modes of payment:

a)     Domestic and Visa Debit cards issued by domestic banks that are part of the Visa, Master card & Amex Card and those which are acceptable by the ESP.

b)     Visa Debit cards;

c)       Netbanking/Direct Debit payments from select banks in India;

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction.

To place a valid order on the Website, the User is required to complete the transaction, including making payment for the Product opted for. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit card Partnership. It is at this stage that the User’s order is successfully placed. Thereafter, the Products purchased by the User will be activated based on successful completion of verification of information furnished by the user. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By placing an order on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated Websites where reference to such affiliated Websites has been specifically made. However, subject to development of the mode of payment the payment gateway might change.

 

10.  SECURITY

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Firm/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

In case the Customer decides to pick up the product in person from the Seller, website shall not be held responsible for safety or time of the pick up location. We advise User to take appropriate safety measures. We advise the Customer to :

·         Verify the Seller’s credentials.

·         Always meet the seller at a safe location.

·         Test the functioning of the item before purchase.

·         To notify the Police immediately if you have been a victim of fraud.

·         Please contact us at [email id provided at contact us page at www.shopnista.com] if you suspect someone to be acting fraudulently on the Website.

 

Company/Website shall not be liable for any mishap such as theft, mishap, accident etc at the pick up location or during the journey..

 

11.    RETURN AND REFUND POLICY

We have a return and refund policy based on the User’s satisfaction with the product. Any item found faulty on delivery should be reported by the Customer within (7) days of delivery including any holidays. The User shall be asked for Reasons for Return, which shall include but is not limited to; damaged while shipping, items are defective. This must be notified to Us via email and the Product must be shipped back to Us or the Seller. This will be communicated during request raised for return or refund.

The Defective Product needs to be returned within 15 days from when it was delivered or picked up. This will include any holidays and weekends. Goods must not be damaged after the delivery. The Original bill and all accessories of Product must be returned along with the Product. Returns will be undertaken only if the Product is found to be faulty or defective. A faulty product shall be deemed so with a valid proof of the fault.

We encourage the User to review the listing before making the purchase decision. In case User orders a wrong item, User shall not be entitled to any return/refund.

The User needs to raise the refund request within 7 days from the date of payment realization.

How your money is refunded depends on how you made the original payment.

·         If you paid with a credit card, the money is refunded to your card. If the card you paid with is closed or invalid, the money will still be refunded to your credit card account.

·         COD money will be transferred to the bank detail provided by customer.

·         7-10 days business days after the ticket raised.

Refunds to credit or debit cards can take up to 30 days depending on the card issuing entity involved.

 

12.   USER OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:

a)       agrees that they are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Firm or its affiliates or its Vendors may suffer for any such breach.

b)       agrees and acknowledges that the Company /website is not the seller of the Products and the Company shall in no manner be deemed to be the seller of the Products on this Website. Firm/website is only facilitating purchase of the Products by You from the Vendor by providing the Services to You.

c)        agrees that Company /website may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

d)       agrees to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.

e)       agrees to use the Website and the Products provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

f)         needs to show a valid proof of ID and ID number in order to collect the goods delivered by Seller .

g)       agrees to pay the Seller the exact amount that was agreed upon on the Website. If the Customer decides to pick up the Product in person from the Seller, he/she shall ensure that he/she doesn’t pay any more or less than what was agreed upon by the Parties on the Website. The Customer hereby agrees to notify the Company /Website of any such activity by the Sellers.

h)      is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.

i)         agrees not to access (or attempt to access) the Website/Application and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 14 herein below. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Products on the Website are not owned by the Company /Website, and that the same are the exclusive property of certain third parties who have chosen to participate in selling their Products through the Firm’s Website, and that the Company /Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.

j)         In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive, may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.

k)       Further undertakes not to:

                        i.          Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;

                      ii.          Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);

                   iii.          Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

                    iv.          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 under any law, rule or regulation currently in force; 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;

                       v.          Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;

                    vi.          Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application;

                  vii.          Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;

               viii.          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. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;

                    ix.          Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked Websites;

                       x.          Collect or store data about other users of the Website.

                    xi.          Use the Website 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 Website or any other third party(ies);

                  xii.          Violate any code of conduct or guideline which may be applicable for or to any particular Product offered on the Website;

               xiii.          Violate any applicable laws, rules or regulations currently in force within or outside India;

                xiv.          Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;

                   xv.          Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.

                xvi.          Publish, post, or disseminate information that is false, inaccurate or misleading;

              xvii.          Directly or indirectly offer, attempt to offer, trade, or attempt to trade, 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.

           xviii.          Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;

                xix.          Engage in advertising to, or solicitation of, other users of the Website to bid for or sell any Products not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website or through any other internet based platform infringing the reputation of the Firm or its Products. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.

l)         The User expressly understands and agrees the following.

                        i.          The User can generally use and browse through the Website, but in order to avail the services of the Website and purchase Products, You need to be a Registered User.  If registration is required, You agree to provide us with accurate and complete registration information.

                      ii.          It is the sole responsibility of the user to inform Company of any changes to that information.

                   iii.          Each registration is for a single individual only, unless specifically designated otherwise on the registration page.

                    iv.          You are responsible for maintaining the confidentiality of your account credentials.

                       v.          You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.

                    vi.          When a user registers on the Website, You will be asked to provide us with certain information including, without limitation, Your name, username, contact number, date of birth, gender, and a valid email address.

                  vii.          Any attempt by the User to use fake/stolen Credit and Debit Cards will result in the blocking of the User’s account by the Company.

               viii.          User agrees to provide a valid/reasonable price to purchase the Product. Once the price with the seller and the bid has been accepted, this cannot be changed or modified. You shall accept the offer.

                                ix.            In addition to these Terms of Use, You understand and agree that We may collect and disclose certain information about You to third parties. In order to understand how We collect and use your information, please visit our Privacy Policy at http://shopnista.com/privacy-policy.

The User hereby expressly authorises the Firm/Website to disclose any and all information relating to the User in the possession of the Company /Website 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 /Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

 

The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company /Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website/.

The User agrees and understands that the Company shall not be responsible/liable for any price quoted by the Seller for a Product. Any price quoted for a Product is done by the Seller of the Product at his/her sole discretion. We shall have no role or influence in this aspect. Any acceptance of the Product price offered by the Seller is done purely by You at your sole discretion and shall not hold either Us or the Seller responsible. 

The Customer agrees and understands that he/she may not get the Product at the price which he has quoted to the Seller. The Price which he quotes may or may not be offered to him/her by the Seller.

If the Customer opts for ‘Delivery’ then, The Customer cannot refuse the Product when being delivered either by Us or via a third party agency. In case the Product has to be returned, the Customer shall accept the Product and follow our return policy to return the Product. Any additional charges for delivery due to Non delivery issues including but not limited to wrong address, lack of availability etc. on the part of the Customer shall be borne by the Customer.

The Delivery of the Product shall be done only to the address as specified by the  Customer during check out. Similarly pick up will also be form the location as specified by the Seller. 

 

13.        COMMUNICATION WITH USER

When the user or consumer decides to contact the Firm, they can do so through Phone or email and give consent so that the Company can contact the consumer. The Company shall send notifications to consumers through email or SMS notification feature to inform about current promotional offers and discounts. User/Consumer shall contact the Company for any Product related queries through Phone or email.

 

14.        SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, 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 membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:

a)       If the User is in breach of any of these Terms or the Policy;

b)       If the User has provided wrong, inaccurate, incomplete or incorrect information;

c)        If the User’s actions may cause any harm, damage or loss to the other users or to the Website/ Company, at the sole discretion of the Company.

 

 

15.        INDEMNITY AND LIMITATIONS

The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.

In no event shall the Company /Website 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 /Website 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 Website and/or the Products or materials contained therein.

 

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company /Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further 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.

 

16.        INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’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 Website and other distinctive brand features of the Website are the property of the Firm. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

 

The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company /Website, to be determined in the sole discretion of the Company.

 

The User is aware that the Product sold are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said Products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the Website/ Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned Products are listed for sale to the Users of the Website, and neither the Company nor the Website owns any of the intellectual property relating to the Products displayed on the Website.

 

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.

 

17.   DISLAIMER OF WARRANTIES AND LIABILITIES

a)       Except as otherwise expressly stated on the Website, all Products offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.

b)     All commercial/contractual terms are offered by and agreed between User and Seller alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and after sales services related to Products.

c)      The Company merely facilitates the meeting of Sellers and Users. The Company is not responsible or liable for any price quoted by the Seller. All negotiation for the desired Product is done only between Customer and Seller.

d)     The Company /Website is not responsible for any non-performance or breach of any contract entered into between Users and Sellers. Company /Website shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers.

e)     The Company /Website does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website. The Company /Website does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Website.

f)         The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before negotiating with the seller and purchasing any Product at the price quoted for it by the sellers on the Website, or accessing/using any information displayed thereon. 

 

g)       The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, Sellers or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website.

 

h)      The User is solely responsible for the security and confidentiality of his/her credit/debit card details. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

 

i)         The Company /Website does not guarantee that the Products contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.

 

j)         The Company /Website does not undertake repairs or warranties. This will be provided by the manufacturer/Seller, as mentioned in the manual or by the Seller.

 

k)       It is further 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.

 

 

18.       SUBMISSIONS

Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company /Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company /Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company /Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

 

19.        FORCE MAJEURE

Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

 

20.      DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further 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 both 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 the 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 both 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 [under Company Registered office jurisdiction], India.

 

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, and that the Courts at [under Company Registered office jurisdiction], shall have exclusive jurisdiction over any disputes arising between the Parties.

 

21.   NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD).

 

22.  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.

 

 

 

 

 

 

 

 

 

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