Last Updated: 4th April, 2018
This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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.
The Company offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- Listing of the Products and/or related services, which can be procured by the Buyer.
- Providing a platform for e-procurement, enabling the User of the Website to create and/or participate in various sourcing event such as auctions.
- Enabling the Vendor of the Products to initiate a sale event wherein the Buyer of the Product can participate and bid for the Products.
- The Buyer of the Products to create a sourcing event wherein the Vendor can participate and bid/negotiate on the Products.
- Assisting the Buyer to make a credit application to Company via a partnering bank for availing the Services and procuring the Products from the Vendor.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
YOUR/USER ACCOUNT AND REGISTRATION OBLIGATIONS
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out, and avail the Services securely.
In order to become a Registered User(s), you need sign up with on the Website by providing the required information and filling an on-line registration form on the Website by giving desired information (name, contact information, business type, name of the establishment, nature of business, etc.). Upon signing up on the Website, you shall be registered on the Website and an account ("Account") shall be created for your convenience, basis the information provided by you and a user name ("User ID") and password ("Password") for log-in access to your Account. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted on the Website during the registration process is true, accurate, current and complete.
By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize the Company to share such information with other user(s). Company may refuse or deny the registration to any user for whatever reason. Website may indefinitely suspend or terminate a registered membership at any time without any prior notification in interest of the Company or general interest of its visitors/other members without giving any reason thereof.
You agree, inter alia, to: i. Provide true, accurate, current and complete information about yourself as prompted required by the Company for registration, ii. maintain and promptly update the Account and non-personal data to keep it true, accurate, current and complete, iii. That despite your and your organization's contact number(s) are on Do Not Call Registry, you consent to be contacted by the Company through phone calls, SMS notifications or any other means of communication, in respect to the Services provided by the Company. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, Company has the right to indefinitely suspend or terminate or block access of your Account with the Website and refuse to provide you with access to the Website.
AVAILING OF SERVICES
Subject to acceptance of the Terms, the Website offers Registered User to provide services of buying, selling and delivering the Products, as listed on the Website. You reserve the right to select the type of Product you would like to sell or purchase, from the options as displayed on the Website. The Company reserves the right to prevent you from using the Website and provide you service (or any part thereof) and to prevent you from making any transaction on the Website.
The Company reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the Users. You are required to fill your data accurately and precisely while filing the information for placing Order for Products.
The User reserves the right to accept/refuse the request of the Order placed on the Website or any part thereof, subject to the Cancellations, Returns And Refunds Policy, as provide below.
You can choose from the Products as listed on the Website. However, Company do not give any guarantee that the Orders will be fulfilled or performed on the date chosen or provided by you, depending on the calendar of events. In case the Products are not delivered on the specific date due to any unavoidable reasons including but not limited to Force Majeure Events, then you can choose to get the Products delivered on any next available delivery date.
Placing an order on the Website will be considered equivalent to giving a Purchase Order (“PO”) to the Vendor and does not bind the Company under any contract. PO servicing either in full or part is purely at the discretion of the Vendor and fulfilment of such PO shall be in accordance with the terms and conditions as levied by the Vendor read with these Terms. Company shall not be held liable for Products being out of stock. Company shall on best efforts basis ensure that the Users faces no inconvenience and is well supported by the customer care team. For every Order placed on the Website, an Order confirmation mail will be sent to the Buyer which will carry the details of all the products that Vendor can supply at the given rates. The order confirmation mail sent to Buyer will contain the details of the Product that will be dispatched to the Buyer from the Vendor.
Your use of any information or materials on this Website is entirely at your own risk, for which Company shall not be liable. It shall be your own responsibility to ensure that any Products and/or related services or information available through this Website meet your specific requirements.
Although we make the best possible effort to display the current/running Product labels, descriptions, etc. Along with its true colours, it may be possible that the actual product label or colour might be different from as shown in the Website. The same might be because of label changes done by the Vendor (i.e. manufacturer, wholesaler, etc.) or due to technology issues like resolution and colour. The Buyer is required to check the Product thoroughly at the time of delivery, if not satisfied the Products should be returned, in accordance with the return policy of the Company and the policy (if applicable) of the Vendor. Company shall not take any responsibility of the return, in case the Vendor policy does not permit or allow any return of the Product.
The Vendor reserves the right to cancel any such Products requested and refund the amount (if any) received from the User.
Product Defect: We at no point can be held liable or can be penalized for manufacturing defects or any other inherent or otherwise defects in the Product. Only the Vendor would be held liable in all cases of damaged/defective Products. We shall ensure the return/refund of the Defective/Damaged products as per the Company policy, read with the return/refund policy of the Vendor. The replacement of the Products shall be in accordance with the policies of the Website and shall be adhered to by all the Users.
You Agree that:
USE OF WEBSITE
Your use of the Website and any transactions made through the Website are governed by the policies applicable and listed on the Website. You agree not to, host, upload, publish, transmit, update or share any information through the Website, which:
From time to time, you shall be responsible for providing information relating to the Products or related services proposed to be sold or provided by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
DATA SECURITY AND OWNERSHIP
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product, service or feature, information, software obtained from the Website. 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 within the content of the Website is not permitted.
All materials on this Website, including but not limited to images, software, text, icons and such like (the “Content”), are protected by copyright under the copyright laws. You cannot use the Content, except as specified herein. Any modification of the materials or use of the materials published on the Website for any other purpose, other than as prescribed, shall result in violation of Company's copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings. You agree to follow all instructions on this Website limiting the way you may use the Content.
There are a number of proprietary logos, service marks, brand names, trade names and trademarks found on this Website whether owned/used by third party service provider or otherwise. By displaying them on this Website, service provider is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with our Company are the sole and exclusive property of the Company.
At no point are allowed to make personal or commercial use of the site contents; product listing; descriptions, or prices; any derivative use of this Website or its Contents; any downloading or copying of account information for the benefit of another vendor; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website. You may also not use any meta tags or any other "hidden text" utilizing the Website’s name or Company’s name or trademarks. Any unauthorized use terminates the permission to use the site and would suspend your account on immediate basis. Any dispute, disagreement, legal matters or infringement of the terms and conditions will be addressed under Bangalore Jurisdiction. You can access Website only as a user to access the Services offered by the Website.
User understands and acknowledges:
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Registered User having exceeded the preset limit.
You and Vendor acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing an Order or any delay in processing an Order which is beyond control of the Company.
CANCELLATIONS, RETURNS AND REFUNDS
Any order placed through the Website for availing any of the Services offered by the Website can be cancelled, as per the policies of the Company, which includes:
Return & Refunds:
The Buyer is required to check all the delivered Products at the point of delivery, if not satisfied the goods shall be returned by the Buyer within seven (7) days from the date of delivery. The Products shall be returned by the Buyer only in case the Products delivered is damaged, defective, wrong or not as described products, depending on the acceptance of the return request by the Vendor. If the Vendor does not accept the request of return and refunding the amount paid towards the Products, Buyer can only claim replacement of the Products. Please note that any such request for the return/refunds shall be place with the Website not (directly) with the Vendor/s.
In order to get the Product replaced, Buyer is required to initiate the replacement request as per the procedure of the Website and provide appropriate reasons and proofs before the replacement request is accepted. In the event, the Products delivered are damaged products, has manufacturing defects, wrong products being shipped or not as per the specifications, it shall be the responsibility of the Vendor to provide a replacement against such Products. Please note that any such request for the replacement of the Order shall be place with the Website not (directly) with the Vendor/s.
For the detailed Return, Refund, Cancellations & Replacement policy, please click here.
SHIPPING AND DELIVERY
In order to achieve fast, safe and reliable shipping of Products to the Buyers:
For the avoidance of doubt: Company itself does not provide transportation/logistic services and Company is neither a transportation carrier nor a logistic services provider.
Company or its partners do not take the responsibility of the any inspections, ensuring quality packaging of the Products to be delivered to the Buyer. However, shall on bests effort basis communicate shipping status to Buyer at each stage of shipment. Hence, once the Registered User purchases the Products, the status of the Order placed can be tracked, from time to time. In case of any queries, you can contact us at our Helpline Number: +91 9243011081 or email: email@example.com.
Note: Delivery time mentioned on Product or Website is estimated. Actual delivery time is based on availability of Product, address where Product is to be delivered and courier companies or logistic service provider rules.
Access or use of the Website may contain services such as email, short message service (“sms”), for the reporting purpose (hereinafter collectively referred to as "Communication Services"). You agree and undertake to use the Communication Services only to post, send and receive messages or emails, sms and material that are proper and related to Communication Service.
By way of example, and not as a limitation, you agree and undertake that when using a Communication Service or accessing or using this Website, you will not:
LINK TO THIRD PARTY
We may provide you links to third party services (“Third Party Services”). You agree to use the Services at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
Registered Users agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and Vendor/Buyer harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
Company is merely acting as a pure marketplace and is not involved in doing any sale and purchase of the Products.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SERVICES, ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that You are assuming the entire risk as to Your data, quality, accuracy, performance, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Application, including, without limitation.
In no event shall the Company its affiliates, officers, employees, agents, partners and licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Website.
The Services as requested by Registered User shall be performed by the concerned representatives appointed as per the need and Services requested, only after the payment of the applicable fee is made by the User. We do not have any relationship with representatives of the Vendor who facilitate the completion of the Services requested. We are not an authorised agent of any Vendor, service provider(s) and we only provide the platform for listing of the Products by the Vendor through our Website.
REPRESENTATION AND WARRANTY
The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the services of the Website will meet your requirements or set standard of expectations (ii) the services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such Services will be accurate or reliable; (iv) the quality of any Products, Services, information or other material purchased or obtained by you through the service provider or through the depiction(s) made by the service(s) advertiser(s) or partners or Vendor will meet your expectations or requirements.
To the complete extent permissible by the applicable law, Company disclaims all warranties, express or implied, including, but not limited to the warranties of quality, Services on fitness for a particular purpose.
The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information. The User shall take prior advice and complete precaution of checking validity, correctness of such information. The Website shall not be liable to the User or any third party for taking any decision on the basis of such information.
The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on the Website. The places of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information.
We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be made a party or forced party in any such conflicts.
Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.
COMPLIANCE WITH LAWS
Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force), Foreign Contribution Regulation Act, 1976 and the rules made there under, Prevention of Money Laundering Act, 2002 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable respectively for using Payment Facility, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services at firstname.lastname@example.org or at office address of the Company at 170-172, Phase 2, Export Promotion Industrial Park, Whitefield, Bangalore 560066.
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE THE WEBSITE.