1.1. Please note that the website having the domain name Oyela.in and the application name under the name and style of ‘Oyela’ (collectively referred to as the “Platform”), are owned, managed and operated by Oyela Technologies Private Limited, a private limited company incorporated under the provisions of the Companies Act, 2013, having its registered office at Premananda Patel, Plot No 1668/7058 Santipara, Larkipal Balangir, Odisha 767001, India (hereinafter collectively referred to as “We”, “Company”, “Us”, or “Our”).
2. GENERAL TERMS
2.2. The Platform operates as a one-stop platform for the individuals/Users who are desirous of selling and buying Goods (as defined below) and in this respect, the Platform acts as an intermediary between the Users and provides the electronic infrastructure facilities and services to such Users, which include, inter alia, facilitating and enabling: (i) the Seller in listing the Goods on the Platform for sale; (ii) the Buyer in purchasing of the Goods; and (iii) in some cases, the transaction and arrangement between the Buyer and the Seller in respect of the sale and purchase of the Goods including, facilitating the pick-up of the Goods from the location of the Seller and the delivery of the Goods to the location of the Buyer pursuant to the order placed by the Buyer for the purchase of the Goods listed on the Platform, in accordance with the terms and conditions as contained herein (collectively “Services”).
“Account” shall mean the account/user profile created by the Users on the Platform by submitting the User Data, in accordance with the terms as specified under Clause 4 (Creation of Account) below;
“Applicable Laws” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question;
“Buyer” shall mean any person who access, browses, surfs, uses or views any of the content on the Platform and/or buys the Goods listed by the Seller through the Platform by placing the purchase order on the Platform, in accordance with the terms and conditions as contained herein;
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company, including, insolvency, business exigencies, operational technical issues, labour unrest, war, commotion, armed conflict, invasion, hostilities, riot, rebellion, revolution, civil war, riot, insurrection, acts of God, epidemics, pandemic, natural calamities/disasters, strikes, lock out, change of Applicable Law(s), which materially restricts provisions of Services offered on the Platform etc.;
“Goods” shall mean and include pre-owned or new clothing materials and items listed on the Platform
“Logistic Partner” shall mean the authorized third party logistics service provider of the Company engaged for the purposes of the pick-up of the Goods from the location of the Seller and the delivery of the Goods to the location of the Buyer pursuant to the order placed by the Buyer for the purchase of the Goods listed on the Platform;
“Seller” means a person who agrees to sell or sells the Good(s) on the Platform by listing the Good(s) on the Platform for the purchases to be made by the Buyers;
“User Data” shall mean the data and information as may be required by the Company for the purposes of registration of the User on the Platform/creation of Account of the User on the Platform and/or for the purposes of providing and enabling the Services to the User which may include, inter alia, name, gender, email address, phone number, address, Bank account or card details, PAN number etc.
4. CREATION OF ACCOUNT
4.1. Please note that in order to avail the Services, the User is required to create an Account on the Platform and become a registered user.
4.2. To create an Account and complete the registration process in order to avail the Services of the Platform, the User shall be required to disclose his/her personal information, allowing others, including Us, to identify the User, which includes name, gender, address, ZIP/postal code, age, phone number, email id, payment information (if required), and any other information deemed necessary for providing the Services. In the event, the registration is cancelled or withdrawn, You agree and acknowledge that We shall retain your information for a period of 180 (One Hundred Eighty) days from such cancellation or withdrawal, as the case may be.
4.3. By providing your contact number with us, You consent to be contacted by Us via phone calls and/or any instant messaging services (including by SMS notifications or contacting through ‘WhatsApp’), in case of any purchase order placed by you, shipment of Goods, listing of Goods or delivery related updates.
4.8. It is clarified that upon receiving a notification/ intimation/ apprehension of any actual or potential unauthorised use of any Account, We may, at our discretion, take action to block access to such Accountat the earliest and take all other actions as may be required under the Applicable Laws.
6. USE OF PLATFORM
6.2. The Company grants the Users a personal, non-exclusive, non-transferable, limited access to enter and use the Platform and avail the Services of the Platform and You agree that you shall be responsible to act lawfully, diligently and honestly at all times when you access and use the Platform. Further, You shall be responsible for all activities that occur in your Account in furtherance to your use of the Platform and/or availing the Services and for complying with all the Applicable Laws, as amended from time to time, and applicable to your use of the Platform and/or availing the Services.
6.4. We will provide you with any help you may reasonably require to access the Platform but We shall not be responsible if you are unable to access any section of the Platform or the Services for any reason. We do not guarantee you access to the Platform at any and all times. We do not guarantee that while you are accessing the Platform, your access will be uninterrupted, without delay/interference, secure and/or error-free. Accordingly, We reserve the right, at any time, to suspend or discontinue the Platform and/or the Services for any reason without incurring any liability or obligation to you.
6.5. If We reasonably believe that your Account and password is being used / misused in any manner, We reserve the right to cancel your right to access the Platform immediately without notice, and block access to all users from that particular IP address. You agree to notify Us and the Platform immediately of any unauthorized use of your Account or any other breach of security. We shall not be liable for any loss that you may incur as a result of someone else using your Account. However, you could be held liable for all the losses, claims and liabilities incurred by the Company due to someone else using your Account.
6.6. Further, by using the Platform or sending emails, data, information or communication to the Platform through the Platform, you consent to receiving communications via electronic records from Us periodically and as and when required.
7. CODE OF CONDUCT
(a) belongs to another person and in relation to which it does not have any right of use;
(b) infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person;
(c) is false or misleading in any way;
(d) violates any law for time being in force;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”; (g) promotes illegal activities or abusive, obscene, defamatory or libellous conduct;
(h) solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
(i) harms minors in any way;
(j) 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;
(k) deceives or misleads the other Users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(l) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
(m) promotes an illegal or unauthorized copy of another person’s copyrighted work;
(n) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(o) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(p) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, Account information, bulletins, friend request, or other areas of the Platform or solicits passwords/ log-in information or personal identifying information for commercial or unlawful purposes from other users; and
7.2. The User agrees not to:
(a) reveal/disclose confidential or proprietary information of other users, the Company or any third party when the User receives or comes in possession of such confidential or proprietary information;
(b) incorporate any computer contaminant, software virus or any computer code or file or program on the Platform designed to interrupt, destroy or limit the functionality of the Platform;
(c) incorporate or introduce any program on the Platform that might infringe the intellectual property rights of any other User and/or of the Company/ Platform;
(d) download, copy, or reproduce any file or information available on the Platform which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;
(e) in any way, deface or vandalize the Platform or prevent or restrict others from using the Platform; (f) stalks, threaten or harass any other User or infringe upon or attempt to infringe upon their privacy;
(g) infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, of the Company/ Platform, other Users of the Platform or any third Party;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
(i) directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law; and
(j) create liability for the Company/ Platform or cause the Company/ Platform to lose (in whole or in part) the services of its internet service provider or other suppliers.
7.3. It is also clarified that you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any service, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
7.4. You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any /services offered on or through the Platform, by hacking, password “mining” or any other illegitimate mean.
7.5. You agree that you shall not 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. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any Account on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
7.8. You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time and, also all Applicable Laws, rules and regulations and international laws, statutes, ordinances and regulations regarding availing of the Services and the transactions between you and other Users. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through a third party except through the Company/ Platform.
7.6. You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Platform/ Company or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image, goodwill or reputation of the Platform/ Company or other Users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company.
8. TERMS RELATED TO SERVICES
8.1. General terms related to Services
8.1.1. The Platform facilitates the Seller in selling the Goods to the Buyer through the Platform. The User agrees that the sale/purchase of the Goods shall be additionally governed by specific policies, guidelines and instructions as provided under these terms and/or in the Company Documents. The User agrees to abide by the terms and conditions of such policies, guidelines and instructions, as may be applicable on such User under the terms contained herein.
8.1.2. Please note that the Company grants You a limited, non-transferable and non-exclusive licence to use and access and make personal use of this Platform, but not to modify it, or any portion of it, in any manner, except with express written consent of the Company.
8.1.3. It is clarified that the Platform does not warrant that the description, particulars and other content in respect of the Goods on the Platform which are listed by the Seller is accurate, complete, reliable, current, or error-free and in this regard, the Platform shall have no liability and responsibility towards any User. The Seller has to ensure that the information pertaining to the Goods listed on the Platform are accurate and true.
8.1.4. User acknowledges and agrees that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Seller enlisting the Goods on the Platform have the right to sell such Goods. The Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third party rights.
8.1.5. The Company does not implicitly or explicitly extend any preferential treatment to any of its Sellers and / or support or endorse the sale or purchase of any Goods nor provide any warrantee/guarantee of the Goods sold to the Users, and in no event shall such Goods be the responsibility of the Company. It is expressly clarified that the search ranking and brand visibility of any Seller on the Platform is directly subject to the number of products a particular Seller uploads on the Platform. For avoidance of doubt, it is clarified that the brand visibility and the search ranking on the Platform is directly proportional to the total number of products uploaded on the Platform by a particular Seller, i.e., the higher the total number of products uploaded on the Platform by a particular Seller, the higher would be their brand visibility and search ranking on the Platform. Additionally, the Company may also rely on the browsing history of an existing User on the Platform to show relevant listing of Sellers to its existing Users.
8.1.6. You agree that the contract for sale of the Goods shall form a separate and independent bipartite agreement between the Buyer and the Seller and you agree and acknowledge that the Company is not a party to such transactions/arrangement/agreement between the Buyer and the Seller and the Company has no control over any element of such transactions/arrangement/agreement, and shall have no liability towards any User or any third party in connection with such transactions/arrangement/agreement. At no time, shall the Platform hold and shall be considered to hold, any right, title or interest over the Goods nor shall Company/Platform have any obligations or liabilities in respect of such contract, transaction and arrangement entered into/made between the Seller and the Buyer on the Platform. The Company/Platform shall not and is not required to mediate or resolve any dispute or disagreement between Buyer and Seller.
8.1.7. It is expressly clarified that the Platform merely operates as an intermediary between the Buyer and the Seller and in this respect, the User agrees and acknowledges that in relation to availing of the Servicesthrough the Platform, the Platform merely facilitates the transaction and dealing between the Buyer and the Seller for the purposes of the sale and purchase of the Goods. In this respect, You agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, and agents etc. against any and all losses, liabilities, claims, damages, demands, costs and expenses, including legal fees and disbursements in connection therewith and interest chargeable thereon (“Losses”), arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform to the extent such Losses are based on or arising out of or in connection with any transaction arrangement, dealing or any other transaction of whatsoever nature between the Buyer and the Seller.
8.1.8. It is hereby expressly agreed and understood by the User that:
(i) all commercial and contractual terms relating to the sale and purchase of the Goods are agreed to between the Buyer and Seller alone and such contractual and commercial terms, include,without limitation, the price, date, period and warranties related to the Goods etc.;
(ii) the Platform does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms and arrangement between the Buyers and Sellers;
(iii) the Company does not offer any discounts on the Platform and any discounts or offers on the Platform shall be made available by the Seller;
(iv) the Company does not make any representation or warranties as to specifics, such as, the quality and value of the Goods proposed to be sold or offered to be sold or purchased on the Platform;
(v) the Platform does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform between them;
(vi) the Company does not at any point of time during any transaction between any Seller and a Buyer gain title to or have any rights or claims over the Goods sold by the Seller to the Buyer through the Platform. It is clarified that the Company may hold the Goods for a certain time period in the event of any order cancellations or returns by Buyer in accordance with Clause 9. However, the same shall not amount to any transfer of the title of Goods from the Seller to the Company.
(vii) the Company/Platform have any obligations or liabilities in respect of sale and purchase of the Goods between the Buyer and the Seller on the Platform or guarantees that the concerned Sellers will successfully perform the transaction concluded on the Platform;
(viii) pricing on any Goods as is reflected on the Platform, due to some technical issue, typographical error or Goods/product information published by Seller, may be incorrectly reflected on the Platform and in such an event, we shall have no liability or responsibility arising out of the same.
8.1.9. The User undertakes that the User shall use the Platform/ Service(s) only for availing Service(s) and shall not permit the Platform/Account/Service(s) to be used by or for the benefit of anyone other than the User without the Company’s prior written permission. The User is responsible for (i) providing the requisite data and information requested by the Platform for availing the Service(s) and access features of the Platform; and (ii) using the Platform/ availing the Service(s) in accordance with all Applicable Laws and regulations.
8.1.10. In respect of the Services, the User may be allowed to provide feedback, ratings, reviews and particulars about the experiences in respect of the Service(s) (“Feedback”), which the Company/ Platform may or may not publish at their sole discretion. It is clarified that the Company hereby disclaims all liability with respect to the content of the Feedback and it is clarified that the Company does not endorse any opinions or experiences contained within the content of such Feedback.
8.2. Terms relating to Listing of Goods by the Seller on the Platform
8.2.1. The Platform facilitates the Seller in selling the Goods to the Buyer through the Platform and for the purposes of the same, the Seller is required to set up the Account on the Platform and list the Good(s) itintends to sell through the Platform to the Buyer in accordance with the terms and conditions as provided herein (“Listing of Goods”). The Seller also agrees to abide by and comply with, the terms, conditions and guidelines as provided under the Seller Terms.
8.3. Terms related to Placement of Purchase Orders by the Buyer
8.3.1. The Buyers can select the Goods he/she desires to buy and add the Goods in the cart as provided on the Platform (“Goods Cart”). After adding the desired Goods in the Goods Cart the Buyer shall be able to place the order and check out and shall confirm the delivery address and contact details, and shall proceed to make payment as per the various payment methods provided on the Platform. The Buyer shall be able to view on the Platform the Selling Price/payment charges in respect of purchase of the Goods, Shipment Charges (as defined below) and applicable taxes before placing the purchase order.
8.3.2. The Goods listed on the Platform can be purchased by the Buyer by making the required paymenttowards the Selling Price and the Shipment Charges, through various methods of payments offered on the Platform and in accordance with the terms and conditions as detailed under Clause 11 (Payment Terms) below.
8.3.3. The Company shall not be responsible for any delay in in delivery of Goods to Buyer as a result of the Goods being out of stock, unavailable or back ordered.
8.3.4. It is agreed by the Buyer that the Buyer shall be required to pay such charges and expenses towards shipment of the Goods, as displayed on the Platform, at the time of placement of the order by the Buyer, which shall be determined on the basis of the weight of the Goods and the pick-up and drop off locations of the Seller and the Buyer (“Shipping Charges”).
8.4. Pick-up and Delivery Terms
8.4.1. As soon as the payment in respect of the purchase of the Goods is made by the Buyer, We will notify the Buyer about the confirmation of such order and notify the Seller about purchase of the listed Goods through e-mail/ any other mode of electronic communication which will also specify the particulars in respect of pick-up of the Goods.
8.4.2. Upon making of the payment by the Buyer on the Platform in respect of purchase of the Goods through the Platform, automated receipt shall be sent to the Buyer and the Seller; and the Logistics Partner or Seller’s representative, as the case may be, shall initiate the process for delivery of the Goods to the location of the Buyer.
8.4.3. It is clarified that We shall not be responsible for packaging of the Goods from the Seller’s locations and it shall be the responsibility of the Seller to properly and appropriately pack the Goods so that the Goods should not be damaged during the transit from the Seller’s location to the Buyer. The Sellersmust comply with all labelling requirements mandated under law which is applicable to the Sellers which may, include, but is not limited to, a Sellers compliance under the Legal Metrology Act, 2009and Legal Metrology (Packaged Commodities) Rules, 2011.
8.4.4. In the event, the Seller has opted to the get the Goods delivered by the assistance of the Company’s Logistics Partner, We will communicate to the Seller the guidelines and instructions in respect of the pick-up of the Goods including the instructions pertaining to the packing of the Goods and co-ordinate with the Seller so as to schedule a pick-up time for the pick-up of the Goods from the Seller’s location. The Seller agrees to co-operate with the Company/Company’s representatives or the Logistics Partner in scheduling a pick-up time for the pick of the Goods and handing over such Goods to the Logistics Partner/representative of the Company.
8.4.5. It is clarified that We shall not be, in any manner whatsoever, be responsible for the quality and durability of the Goods to any User. The User acknowledges that for the purpose of pick-up and deliveryof the Goods to and from the location of the User, as the case may be, the Logistics Partner/our representatives of the Seller, may contact the User through telephonic call or email or any instant messaging services (including SMS, ‘WhatsApp’ etc.).
8.5. Terms related to Customer Service
8.5.1. The Company shall use e-mail services as a main mode of communication to provide notifications to the Users. We have constructed automated e-mail services at various points in the listing and the purchasing process.
8.5.2. Users can get in touch with us by accessing Customer Care/ Support on Our website www.oyela.in, which in turn shall direct the Users to Our official e-mail and customer care number.
9. CANCELLATION AND REFUND POLICY
9.1. Once the Order is placed by the Buyer by paying the requisite amount, then such order placed by the Buyer cannot be cancelled except in the case where the Goods which are delivered at the Buyer’s location: (a) do not match the listing description of Goods provided by the Seller on the Platform; (b) consist of defect or damage in the Goods; (c) the items contained in such package are not the intended Good(s) for sale in respect of which the order has been placed by the Buyer; (d) the Good is missing from the package delivered; and / or (d) if the Good(s) has not been dispatched by the Seller within 2 days from the placing of order by the Buyer. It is clarified that the Buyers shall not be eligible for cancellation or refunds in the event the Buyer does not like the Good which it had ordered. However, the Buyer has the right to relist and sell the Good on the Platform.
9.2. At the time of delivery of the Goods at the Buyer’s location, it shall be the duty of the Buyer (or any other person accepting the delivery of the Goods on behalf of the Buyer) to inspect the Goods and satisfy himself/herself that the same Goods which were ordered and displayed on the listing page of the Goodshave been delivered to the Buyer. The Buyer agrees that in the event the Good(s) delivered is different than the Goods which were ordered or the Goods delivered have suffered any transit damage, or the Buyer identifies any other issue as mentioned in Clause 9.1, it shall have the duty to inform about such grievances / concerns within forty right (48) hours from the delivery of Goods to the Buyer. It shall be deemed by the Company that the Good(s) have been successfully delivered as per Buyer expectations if no grievances / concerns is raised by the Buyer within forty right (48) hours from the delivery of Goods and the Buyer shall not be eligible for any refunds or cancellations if any grievances or concerns are raised after forty right (48) hours from the delivery of Goods.
9.3. The Company shall appoint an authorised representative to inspect and resolve the Buyer grievances / concerns and accordingly, if required, cancel the purchase order or start process of refund to the Buyerprovided the grievances / concerns have been raised by the Buyer in accordance with Clause 9.2. No further claim or request, in respect of the Goods which are delivered to the Buyer and inspected by the Buyer at the time of delivery, shall be entertained by the Company/ Platform, including any claim or request in relation to cancellation of the purchase order, return of the Goods or refund in relation to the purchase of the Goods. Once a return-refund request has been raised, the company shall arrange a pickup through it’s logistics partners from the buyer’s address. Once the product has been picked up, the refund money will be deposited in the buyer’s bank account (from which the payment has been made) within 5-7 days of return pickup.
9.4. It is expressly clarified that the Company is merely acting as a facilitator between the Buyer and the Seller pertaining to any grievance raised by the Buyer under Clause 9.3 above and that the Company is not directly responsible for the payment of any refund to the Buyer. While the Company endeavours to facilitate such Buyer grievances by reaching out to the Seller with respect to the Goods provided by the Seller, it is expressly clarified that under no circumstance shall the Company be held liable in case of any non-fulfilment or non-performance or deficiency in performance of services by the Seller or non redressal of any refund claims by the Seller against the complaint raised by a Buyer or for any damages or losses suffered by the Buyer with respect to the same. To this effect, the User, who is to be construed as a Buyer, expressly acknowledges, waives and releases the Company in respect of any claim made by the him/her against the Seller for non-fulfilment or non-performance or deficiency in performance of services by the Seller.
10. USER’S CONTENT
10.2. You agree that You are solely responsible for any content sent or transmitted by You or displayed or uploaded by You while using the Services and for compliance with all Applicable Laws pertaining to such content, including, but not limited to, laws requiring You to obtain the consent of a third party to use such content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the content on the Platform and that such use does not violate or infringe any rights of any third party.
10.3. In case any content is considered to be unlawful or against the law within any jurisdiction in which the Platform can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
10.5. The User hereby acknowledges that it is solely responsible for any content uploaded by the User on the Platform and shall be solely liable for any consequences arising out of publicly displaying, transmitting or sharing such content, including, but not limited to any claims, costs, losses, damages, expenses, judgments, any other possible conflicts, disputes, or issues arising out of or related to such content.
10.6. Posting/uploading of any information or material or content on the Platform, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any Userfound to be involved in such activity on the Platform shall solely be liable for actions under the Applicable Laws.
11. PAYMENT TERMS
11.1. For the purpose of making payments towards the Selling Price and the Shipping Charges, the Buyer can make such payments via any one of the following methods of payment: (a) Credit/Debit Card; (b) Net Banking; or (c) any other mode of electronic payment as provided on the Platform. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount, etc. in the transaction.
11.3. The Users understand, accept and agree that the payment facility provided by the Company on the Platform through its Payment Facilitators is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Platform. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.
11.4. It is agreed between the Parties that all payments made against the services on the Platform shall be in INR and the Platform shall not facilitate transaction with respect to any other form of currency for the payment to be made to avail the Services.
11.5. Any payment in respect of Services or purchase of Goodsshall be subject to applicable tax laws of India.It is clarified that the Company merely collects the payment on behalf of the Supplier. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the documents are being charged and determined by the Seller. 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 on the taxes payable shall be with the Seller.
11.6. If You have any queries in relation to any issue, you can call our help desk at +91-9289561132 or email Us at email@example.com or contact our customer support executives through the contact details providedon the Platform (“Customer Care/ Support”).
13. INTELLECTUAL PROPERTY RIGHTS
13.2. It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other material appearing on the Platform are the property of the Company, its parent, affiliates and associates and are protected under the applicable Indian laws and the Company agrees that all intellectual property of the Users shall belong to the Users and the Company shall have no right or claim over the same.
(ii) if any information provided by a User during the registration process or thereafter proves to be inaccurate, misrepresented, not current or incomplete and / or the Platform is unable to verify or authenticate any information provided to the Platform by the User;
(iii) We believe, in its sole discretion, that the User’s actions may cause legal liability to the Company/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are engaged in any fraudulent, negligent or derogatory actions which are contrary to the interests of the Company;
(iv) Unreasonable instances of returns and / or cancellation of orders initiated by any User;(v) We are required to do so by law; or
(vi) the User fails to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to provide the Services to the User.
14.4. You acknowledge and agree that the Company may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service(s). Further, you agree that the Company shall not be liable to you or any third-party for any termination of your Account or denial of access to the Service(s)/Platform. In the event of termination of your Account by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any of your past acts without any liability to the Company.
14.5. The Company does not permit copyright infringing activities on the Platform and reserves the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract and/or equity.
14.7. The User is entitled to terminate this legal relationship, at all times by deletion of the Account and, thus disabling the use of the Platform/ Service(s).
15.1. In no event shall We, or our officers, directors, employees, partners or suppliers be liable to you 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 or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Platform; availing of Service(s); any interaction, communication, dealing and transaction between you and other User of the Platform or any third party or between the Buyer and the Seller.
15.2. You release and indemnify the Platform/Company and/or any of its officers and representatives from any Losses, liability or other consequence of any of the actions of the other Users of the Platform and specifically waive any claims that you may have in this behalf under any Applicable Law. Notwithstanding its reasonable efforts in that behalf, the Company/Platform cannot take responsibility or control the information provided by other Users which is made available on the Platform.
15.3. The Company/ Platform shall not be liable for any loss or liability to the User caused by any unauthorized use of the User’s Account and the User, in this respect, shall indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, representatives, shareholders, contractors, users and agents etc. against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform to the extent of such losses being based on or arising out of or in connection with such unauthorized or fraudulent use of the User’s Account.
15.6. You should be informed that the Company is merely an intermediary which provides online platform to the Sellers and Buyers to connect. The Good(s) listed on the Platform does not belong to Us.
15.7. The Company/ Platform shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform. The User understands and agrees that any material and/or data downloaded at the Platform is done entirely at Users own discretion and risk and the User will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.
16.1. THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, OR CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.
16.2. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE.
16.3. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, THE COMPANY/PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED HEREBY. THE COMPANY/PLATFORM DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE COMPANY/PLATFROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
16.4. IT IS EXPRESSLY CLARIFIED THAT THE PLATFORM HAS NO SELLER-BUYER RELATIONSHIP WITH YOU AND DOES NOT REPLACE YOUR RELATIONSHIP WITH BUYER/SELLER AS CONTEMPLATED UNDER THE TERMS HERE. THE COMPANY MERELY ACTS AS INTERMEDIARY AND PROVIDE PLATFORM TO SELLER AND BUYER TO CONNECT IN ORDER TO AVAIL THE SERVICES PROVIDED BY US. THE PLATFORM CANNOT BE HELD LIABLE FOR ANY DISPUTE/CLAIMS/DAMAGES THAT ARISE BETWEEN YOU AND THE BUYER/SELLER OR ANY THIRD PARTY(IES). THE COMPANY SHALL BEAR NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED DUE TO YOUR RELIANCE ON THE REPRESENTATION MADE OR INFORMATION PROVIDED BY ANY OTHER USER(S) OF THE PLATFORM.
16.5. ALL THE DEALING, TRANSACTION OR ARRANGEMENT BETWEEN THE BUYER AND THE SELLER WHILE AVAILING THE SERVICES OF THE PLATFORM, IS A SEPARATE, INDEPENDENT AND BIPARTITE TRANSACTION, ARRANGEMENT AND AGREEMENT BETWEEN SUCH BUYER AND SELLER AND THE COMPANY DOES NOT PLAY ANY DETERMINATIVE ROLE IN THE RESPECT OF THE SAME AND HENCE DO NOT STAND LIABLE FOR THE OUTCOMES OF SUCH DEALING, TRANSACTION OR ARRANGEMENT BETWEEN THE BUYER AND THE SELLER.
19. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
19.3. The dispute shall be referred to a sole and independent arbitrator to be appointed/ nominated by the Parties. The seat and venue of the arbitration shall be Odisha, India.
19.4. The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the User will bear its own costs of the arbitration.
The Company may give notice by means of a general notice on the Account or Platform, or by electronic mail to User’s email address or contact number, or by written communication sent by regular mail to User’s address on record in the Account. The User may contact Company by electronic mail to the compliance/ Grievance Officer at the email address or by written communication sent by regular mail to the address provided below.
21. FORCE MAJEURE
22. OTHER TERMS
22.1. Other than that, when expressly allowed, any use of our content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
22.5. In our discretion, We may serve any notice or communication on you by mail. In the case of notices sent by mail, you shall be deemed served 1 (one) business day after dispatch of the same.
23. GRIEVANCE OFFICER
23.1. Any complaints, abuse or concerns with regards to content and /or comment or any breach of these Terms and/or any complaints or concerns in relation to your personal information collected by the Company shall be immediately informed to Rahul Gope (“Grievance Officer“) through email firstname.lastname@example.org with the electronic signature or in writing at the following address to: 802, Skylark CGHS, GH-14, Sector-52, Gurgaon-122003.
23.2. The Grievance Officer will undertake best endeavours to redress the grievances of the User expeditiously, but in any case, grievances will be addressed within 1 (one) month from the date of receipt of the grievance.
23.3. A grievance will be considered as disposed-off and closed in any of the following instances, namely:
(a) where the complainant has communicated its acceptance of the response of the Grievance Officer / any other person associated with the Company; or
(b) where the complainant has not responded within thirty days of the receipt of the written response and has not raised any grievance or complaint in respect of the same subject.
23.4. In the unlikely event that your issue remains unresolved to your satisfaction despite escalating to our Grievance Officer, you can reach out to our Nodal Officer (details specified below). We will respond within 7 (seven) business days from the date of receipt of your email.
23.5. The Company has appointed a resident nodal person (“Nodal Person”) who shall be responsible for ensuring compliance with the provisions of the Consumer Protection Act, 2019 and the rules made thereunder. You can contact the Nodal Officer through the below mentioned contact details in case of any escalation of complaints.
Name: Rahul Gope