By accessing this website, you are agreeing to be bound by its Terms and Conditions of Use including all applicable laws and regulations. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The contents of this website are protected by copyrights and trade mark laws.
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.
Capitalised terms defined by inclusion in quotations and/ or parenthesis have the meanings so ascribed; and the following terms shall have the meanings assigned to them herein below:
INTRODUCTION AND SCOPE
SCOPE OF THE PLATFORM AND FEES
EXCLUSION OF LIABILITY
You are aware and fully understand that Platform is only a platform for prospective Buyer/Buyers and Sellers and that:
ONLINE PLATFORM TERMS
We have built systems wherein We restrict Sellers from offering (on the Platform) the Prohibited Items. However, You acknowledge that as a Buyer it is also Your responsibility to ensure that at no point You buy a Product on the Platform in relation to the Prohibited Item.
In addition to other prohibitions as set forth herein, You are prohibited from using the Platform, the Marketplace Services:
We reserve the right to terminate Your use of the Marketplace Services and/or the Platform for violating any of the prohibited uses set hereinabove above.
MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time, without any prior intimation, to modify or discontinue the Marketplace Services on the Platform without notice at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to Our Platform. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance the Marketplace Services or any direct or indirect loss that may arise to you pursuant to such change or modification.
We reserve the right, but not the obligation, to limit the sales of the Products (of the Sellers) to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.
We do not warrant that the quality of any Product, information, or other material purchased or obtained by You from the Sellers will meet Your expectations, or that any defects in the Products will be corrected. The Sellers will be solely responsible for the same.
OPTIONAL TOOLS AND THIRD PARTY LINKS
We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input nor take any responsibility for. You acknowledge and agree that we provide access to such tools on an "as is basis" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Certain content and services available via our Marketplace Service may include materials from third-parties.
Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining, verifying or evaluating the content or accuracy of the same and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, or services of third-parties.
We are not liable for any harm or damages, directly or indirectly, related to the purchase or use of services, resources, Content, or any other transactions made in connection with any third-party platforms.
PLEASE REVIEW CAREFULLY THE THIRD-PARTY'S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY SERVICES SHOULD BE DIRECTED TO THE THIRD-PARTY.
BUYER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.
We are and shall be under no obligation to:
You undertake that your Comments will not violate any applicable law and right of any third-party, including, but not restricted to, copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Marketplace Services and/ or the Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party or any claims that may arise as a result of them.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Platform or the Marketplace Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, service shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Marketplace Services and/ or on the Platform is inaccurate at any time without prior notice (including after You have submitted Your order for a Transaction or initiated a Transaction).
We undertake no obligation to update, amend or clarify information in relation to the Products or on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Product or on the Platform, should be taken to indicate that all information on the Product or on the Platform has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that Your use of the Marketplace Services and/ or the Platform will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Marketplace Services and/ or the Platform will be accurate or reliable. You agree that from time to time we may remove any of the Marketplace Services for indefinite periods of time or cancel the same at any time, without notice to you.
You expressly agree that Your use of, or inability to use, the Marketplace Services is at Your sole risk. The services provided to You through the Marketplace Service are (except as expressly stated by Us) on an 'as is basis' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement.
In no case shall Company our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your purchase of any of the Products, use of any of the the Marketplace Services and/ or the Platform, or for any other claim related in any way to Your use of the Marketplace Services and/ or the Platform, 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 Marketplace Services and/ or the Platform or any Content (or service) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The Company does not represent, warrant, promote, advertise, claim, market and/or testify (i) the Products and/ or any content thereof on the Platform and/ or its accuracy, viability and merchantability, profitability whatsoever; (ii) the Platform as a whole or any of its parts/tools for their safety, reliability, stability, scalability, accuracy, speed, cost, quality, flexibility, benefits and/or regulatory compliance required for the Platform and the services provided therein. Accordingly, the Seller agrees and acknowledges that the Company nor its affiliates nor any of their respective directors, officers, employees or agents shall be liable for any losses or damages resulting from or arising out of the same.
The Company, nor its affiliates nor any of their respective directors, officers, employees or agents shall be liable for any losses or damages resulting from (i) the hacking, tampering or other unauthorized/illegal access or use of the Company technologies, Buyer Account or the information contained therein, (ii) any claims from any customer/ Buyer bought or proposed to buy any Products from the Seller, (iii) failure of any Transaction due to the reason attributed to (a) the participating banks whose credit or debits cards are being used by the Buyer for the Transaction and (b) any other third party service provider, (c) failure on part of payment gateways facilitating payments for a Transaction, (iv) any failure or deficiency in supplying/delivering Products to the Buyer including inter alia any delay in pick-up, delivery of the goods from the Buyer's location or furnish of any document, consent, approval required for the Products by the Buyer and/ or the Seller and/ or (v) any technology failure such as slow working of Platform, site crashes, uptime, downtime, failure of payment gateways, call center services.
Notwithstanding any other provision of this Buyer Agreement, in no event, either Party, a party's direct or indirect subsidiaries, affiliates, agents, employees or representatives be liable for (i) any indirect, incidental, special, punitive, exemplary or consequential damages of any kind in connection with or arising out of this Agreement, or (ii) any lost profits, any loss of revenue or any compensation for anticipated sales or the cost of procurement of substitute services or for any costs, expenses, expenditures, investments or other commitments made in reliance upon or otherwise in connection with or arising out of this Agreement, under statute, in equity, at law or otherwise, whether or not the respective party has been advised of the possibility of such damage.
Our role is that of an intermediary in the form of an online marketplace and is limited to managing the Platform to enable the Seller to exhibit, advertise, display, make available and offer to sell the Products and to enable You to purchase the Products so offered, and other incidental services to facilitate the Transactions between You and the Seller. Accordingly, the contract for sale of any of the Products shall be a bipartite contract between You and the Seller. At no time, shall We have any obligations or liabilities in respect of such contract nor shall We hold any title in the Products. The title in the Products and other rights and interest in the Products shall directly pass to You from the Seller.
We specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired Products purchased by You from the Seller and We shall not assume any liability if the Products purchased or availed by You is not exactly as per specifications detailed in the purchase confirmation order issued at the Platform.
We are in no way responsible or liable for the offer for sale or sale of the Products by the Seller to You, its delivery, the warranty terms (if any) related to the Products and the return, refund or cancellation of purchase of any Products. We do not warrant that the sale price provided in the rate card or at the Platform for the Products is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Us. Prices, Products description and availability of the Products are Seller's responsibility. You expressly acknowledge that the Seller selling the defective Products will be responsible to You for any claims that You may have in relation to such defective Products and We shall not in any manner be held liable for the same. We shall not assume any liability for the non-availability of the Products, delivery of the Products directly by the Seller and the installation of the Products where required.
[In no event shall our total cumulative liability to the Buyer for any and all claims relating to or arising out of the Buyer use of the Platform, regardless of the form of action, exceed INR  (Indian Rupees  only). In no event shall the Company be liable to the Buyer (or to any third party claiming under or through the Buyer) for any indirect, special, incidental, consequential or exemplary damages arising from the Buyer use of, or inability to use, the Platform. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if the Company knew or should have known of the possibility of such damages.]
COPYRIGHT AND TRADEMARK
Each time You upload the Content, You grant the Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such Content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded Content in respect of which it is granted; and shall continue to be used by the Company, on the Platform.
You agree, confirm and undertake that:
You agree to indemnify, defend and hold harmless Company and our parent, 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 or in connection with Your (i) actual or alleged breach of these Terms of Marketplace Service or the documents they incorporate by reference, or (ii) Your violation of any law or the rights of a third-party, or (iii) usage of the Marketplace Services, and/ or the Platform, or (iv) information (including inter alia address provided on the Platform and the information provided for a Transaction) provided by You, or (v) any fraud, misconduct, negligence by You.
In the event that any provision of these Terms 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 Marketplace Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Marketplace Service are effective unless and until terminated by either: (i) Us, in our sole discretion, at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to the Platform (or any part thereof); or (ii) as mutually agreed to between the Company and the Buyer, in writing.
Upon termination of the Buyer Agreement, the Buyer agrees: (a) to continue to be bound by such provisions of this Buyer Agreement which survive by their nature, (b) to immediately stop using the Marketplace Services and pay to Company all outstanding fees/ amounts as informed by the Company, (c) that the Company reserves the right to delete all of information of the Buyer and related account data stored on the Company's servers including the Buyer Account, (d) that the Company shall not be liable to the Buyer or any third party claiming through the Buyer or independently for termination of access to the Marketplace Services or for deletion of Seller's information or related account data including the Buyer Account; (e) to provide all records, data, documents in its possession to the Company; (f) to return all assets, materials and destroy software belonging to the Company; and (g) the Company shall disconnect any and all Marketplace Services for the Buyer and Buyer Account and the Seller shall not be entitled to access the Buyer Account and the Platform from the date of such termination.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the laws of India without giving effect to any principles or conflicts of law. The courts in [Delhi] shall have exclusive jurisdiction over any dispute arising from use of the Platform and/or the Marketplace Services.
Non-performance of the obligations by the Seller has no liability on the Company, whatsoever. However, the Company is committed to investigate the cause of non-performance with all parties involved. Redressal mechanism for complaints along with the escalation matrix has been set out. In case of any grievances, you may contact the officer at email@example.com or call Us on [0124 - 4445800] or email firstname.lastname@example.org . Also, the Company shall not be made a party to any dispute between the Buyer and the Seller in relation to the Transaction.
Notwithstanding the provisions herein, the Buyer shall not be eligible for liquidated damages, damages or any cost or termination for default against the Company, if and to the extent that the delay in performance or other failure to perform its obligations is the result of an event of Force Majeure. If a Force Majeure situation arises, the Company shall as soon as reasonably possible notify the Buyer in writing of such conditions and the cause thereof.
The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without the any consent of the Buyer.
Questions about the above terms should be sent to Us at email@example.com
Scope of the Marketplace Services to be provided by the Company