1.1 Any natural or legal person (including any legal heirs, administrators, or successors) who has chosen to become a user of the Platform by accessing or using the Platform is referred to as a "User" for these Terms and "You" (or any variant thereof) whenever the situation may require.
1.2 You represent and warrant that You are allowed to accept these Terms on behalf of any company, group of people, governmental body, or other legal entity and to use the Services (as described below) or the Platform.
1.3 SMTP Provider Private Limited, "We", "us", "our," or "Company" refer to SMTP Provider Private Limited or any of its licensees, whether present or future unless the context dictates otherwise.
Through its platform, the company facilitates transactions between buyers and sellers of (a) food and beverages, (b) provisions, consumer goods, consumables, etc., and (c) any other goods or services (collectively, "Platform Services").
1.4 These Terms, as they may be modified and updated from time to time, contain the terms and conditions that apply to any person who may access or use the Platform.
1.5 The rules and guidelines, policies, notices, and terms and conditions outlined or included by reference in these Terms apply to the use of the Platform and the services offered.
1.6 Before using or enrolling on the Platform, listing any items, accessing any materials, information, or services, or publishing any information at or through the Platform, please read these Terms carefully.
1.7 Please do not provide the requested information on the signup page and do not click the "Accept" button, and do not attempt to gain access to, view, visit, download, or otherwise use the Platform (or any of its constituents/constituents), any information, or Services if You do not agree with or are not willing to be bound by the User Agreement and our Policies(defined below).
1.9 Only general information is supplied by the content on the platform.
1.10 Only general information is supplied by the content on the platform. Please do not take it as advice. Before taking, or refraining from taking, any action based on the content on the Platform, you must seek professional or specialised counsel.
2.1 The Company retains the right to revoke access at any time, including the termination of membership and deletion of the account, to anyone who the Company believes has violated the terms of the User Agreement. The Company also reserves the right to modify the Platform and/or change these Terms and/or Policies at any time.
2.2 You should be aware that any changes to the User Agreement incorporated herein by reference will only be made available on the Platform via links that are open to the public. By accessing, browsing, or using the Platform, you agree that this publication will serve as adequate notice for all purposes against You. The updated version/terms will become operative as soon as the Company posts them on the Platform.
2.3 Any changes to the User Agreement that, in the Company's opinion, have the effect of reducing the User's existing rights or adding new duties shall not be subject to prior notice to the Users by the Company. You acknowledge and agree that the Company shall have the sole discretion to determine whether any proposed revisions to the User Agreement have the effect of reducing the User's existing rights or adding new duties to the User.
3.1 Any individual who directly or indirectly controls is controlled by or is under the common control of, the Company is referred to as an "affiliate." The term "Control" refers to the ability to direct or cause the direction of the management and policies of another Person, whether through the board of directors, ownership of voting rights by such another Person, the articles of association, a contract, or any other means, by a Person or a group of Persons acting in concert.
3.2 Any union, national, state, municipal, or other governmental, statutory, administrative, judicial, regulatory, or self-regulating authority, agency, or instrumentality with jurisdiction over the pertinent topic must be referred to as an "authority."
3.3 "Grievance Redressal Officer" refers to the grievance redressal officer that has been from time to time designated by the Company in line with the applicable Law.
3.4 In addition to Your name, sex, age, email address, mailing address, phone number (if provided), and any other personal information, "Information" refers to any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform, at the time of registration with the Platform, or through any email/messaging feature.
3.5 "Internal Service Provider" refers to any back-end service providers of the Platform that the Company has appointed and who will provide the various services that the Company may need to run the Platform's operations, such as to facilitate or outsource one or more business, product, and service operations, such as search technology, discussion boards, payments, affiliate and rewards programmes, co-branded credit cards.
3.6 All statutes, enactments, legislative acts, laws, ordinances, rules, bylaws, regulations, notices, guidelines, policies, directions, directives, and orders of any government or authority are collectively referred to as "law."
3.7 Losses shall include, without limitation, losses, liabilities, obligations, lawsuits, claims, proceedings, costs, penalties, judgments, settlement payments, actions, suits, fines, and other charges.
3.8 "Pay Facility" refers to the automated electronic payment or collection and remittance facility offered by the Company to the Buyers to enable payments for paid services on the Platform either directly through banks or financial institution infrastructure or indirectly through providers of payment gateway facilities. It also refers to any facility of this type that has been approved by the Reserve Bank of India to provide an enabling support facility for the collection and remittance of payment.
3.9 Any person, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership, or proprietorship, whether or not incorporated, is referred to as a "person."
3.11 "Services" refers to the functions performed by the Platform as may be specifically announced by the Company on the Platform or by other channels of communication from time to time, following the applicable Law, and currently includes acting as an intermediary or facilitator for providing a platform web and/or mobile application for enabling users to conduct online sales of their goods and services.
A user of the Platform is referred to as a "User(s)".
4.1 You must be 18 (eighteen) years of age or older to use the Platform. Only those people who can enter into and carry out contracts that are legally binding under the Indian Contract Act of 1872 may use or access the platform.
4.2 The User and/or his natural or assigned guardian alone shall be accountable for the consequences following the applicable Law of the country to which the User belongs. The Company shall not be liable if the User provides any incorrect information, including the User's age.
4.3c If you are a minor using the Platform, the Company disclaims all liability for any third-party claims resulting from such unauthorised use of the Platform.
5. Registration and Creation of Profile
5.1 To be eligible to access the relevant Services, a User must register and create a profile by generating a username and password or registering using mobile verification and providing basic information about the User.
5.2 According to the relevant Law of the nation the User is from, only the User and/or his natural or appointed guardian shall be liable for the outcomes. If the User supplies false information, including their age, the Company disclaims all liability.
The Company disclaims all responsibility for any third-party claims stemming from your unauthorised use of the Platform if you are a minor. A User must register and create a profile by coming up with a username and password or signing up using mobile verification and supplying basic information about the User should meet the criteria for accessing the relevant services.
5.3 You are solely responsible for keeping Your login information, including Your user name, password, and user code, secret (if any).
5.4 The User hereby acknowledges and agrees that the Platform will grant access to anyone who has obtained Your username, password, or any code in the same way that it would have granted access to You. You are also agreeing to be accountable for all actions taken using Your username, password, or any code. If the User registers on the Platform, the User is in charge of protecting the privacy of their password and account access details. Whether or whether the Merchant has given its consent, the User is still liable for any uses of their account and password.
5.5 Any real or suspected unauthorised use of the User's account or password must be reported right away to the Company. While the Company, its officers, shareholders, affiliates, workers, partners, contractors, or agents (collectively, "Personnel") shall not in any way be liable for any losses resulting from any breach of confidentiality of Your username, password, or user code or any unauthorised use of Your account, You shall be responsible for any losses incurred by the Company or such other parties as the case may be as a result of any unauthorised use of Your account.
5.6 You acknowledge that the only reason you would register on the Platform or use it is to give yourself the technical means to conduct your legal business online. You agree that you will not use the Platform in any way other than for the aforementioned purposes and for purposes that are prohibited by the applicable Law.
6. User Information
6.1 When registering on the Platform or at any other time when prompted or requested to do so on the Platform, you undertake to provide true, accurate, current, and complete information.
6.2 Aspects of Your private life and general information about You may be revealed or made public by some details you include in Your profile on the Platform. By using the Platform, You fully and freely agree to be bound by the provisions of the User Agreement, and You are solely responsible for disclosing any information that may be deemed "personal" or "sensitive" by applicable Laws.
6.3 You will need to use specific hardware, programmes, and data connections to use our Services; we do not normally supply these things. You agree to download and install updates to our services, including automatically downloading and installing such updates, for as long as you use them.
6.4 All carrier data plan fees, additional costs, and taxes related to your usage of our services are your responsibility. For our services, which may include relevant taxes, we may charge you.
6.5 The validity of any sensitive personal data or personal information provided by the User to the Company or any other person working on the Company's behalf shall not be subject to any liability on the part of the Company.
6.6 It is against the law for you to use a false identity, and you also promise not to log in or register using the name of another person. To make sure that the information you offer on the Platform is always true, accurate, current, complete, and not misleading, it is your responsibility to maintain and promptly update the information supplied while signing up, verifying, or for any other purpose.
6.7 Once you've created an account on the Platform, you agree to give the Platform access to your mobile device so it can track your location, the mobile phone numbers of other Platform users, any internal or external storage on the device, internet access, vibration control, accounts on the device, and any other data or information that has been downloaded, added, edited, stored, used, or deleted from the device.
7. Electronic Communication
7.1 You consent to keep yourself informed of all data, information, and communications relating to You that the Company makes available on the Platform. Additionally, you consent to receive communication from the Company via electronic documents, including emails and/or SMS, which will be deemed sufficient for the service of notice/electronic records. This includes your use of the Platform and the provision of any data or information, including correspondence (by email or otherwise) to or by the Company.
7.2 You are aware that you could have to cover or pay any costs related to such access (including text messaging charges for messages from Your mobile device). Users may receive information from our messages to them regarding different aspects of our services. Unless you have chosen not to receive it, the Company may also send you promotional materials.
7.3 We might have to send You some emails or notifications, like administrative messages and service announcements. You might not be able to opt-out of getting certain communications because they are thought to be part of the Services and Your account. To assist stop us from contacting anyone who obtains your old number, you must update your account information if you added your phone number and then changed it or deactivated it.
8. General Terms
8.1 Regarding the goods and services that the merchants are offering, only the buyer and the merchant are offering and agreeing to any commercial or contractual terms. The price, applicable taxes, shipping fees, payment terms, date, period, and mode of delivery, warranties connected to products and services, and after-sale services associated with products and services are just a few examples of commercial/contractual terms. The offering or acceptance of such commercial/contractual conditions between the Buyers and Merchants is not within the Company's direction, control, or influence in any way. However, by the agreement between the Company and the Merchants, the Company may provide support services to the Merchants regarding Order fulfilment, logistics, mode of payment, payment collection, and other ancillary services.
8.2 Regarding the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants, the Company makes no representations or warranties. You are urged to exercise your best judgement in this matter and independently confirm the legitimacy of any specific Merchant you decide to do business with on the Platform. All promotions from merchants and third parties are subject to the terms and conditions set forth by such parties, and the company disclaims all liability in connection with such promotions.
8.3 The Company neither expressly nor implicitly supports or endorses the sale or purchase of any products or services on the Platform, nor does it make any representations or warranties regarding the specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold, offered to be sold, or purchased on the Platform. The Company disclaims all responsibility for any errors or omissions, whether they were made by the Company or by third parties (including the Merchants).
8.4 Any non-performance or breach of a contract between Buyers and Merchants is not the Company's fault. The Merchant consents to hold the Company harmless from all losses incurred by the Company as a result of the Merchant's usage of the Platform and communications with customers therein. The concerned Buyers and Merchants may or may not carry out any transaction that has been agreed to on the Platform, but the Company cannot and does not guarantee this. Inadequate or non-performed services, damages, or delays brought on by out-of-stock, unavailable, or back-ordered goods are not the Company's fault.
8.5 The Company runs an online marketplace and acts as a facilitator. Throughout any transaction between a buyer and a seller on the platform, the Company does not acquire or take ownership of any of the goods or services provided by the seller.
8.6 It is acknowledged that the contract for the sale of any goods or services shall be a completely bilateral transaction between the Merchant and the Buyer and that the Company is merely providing a platform for contact. The Company's sole role is to inform the Merchant of any complaints from the Buyer regarding effectiveness, quality, or any other similar issues. The Company shall also direct the Buyer to the Merchant's customer call centre. Concerns from the Buyer must only be addressed by the Merchant.
9. Merchant Terms
9.1 As a registered user of the Platform, the Merchants can list and give the Buyers information about the goods and services they are selling.
9.2 The merchants certify that they have the right to sell the items offered for sale on the platform. Only written descriptions, graphics, and images describing your for-sale goods may be included in listings. Every product that is listed must be listed on the Platform in the proper category. It is completely forbidden and would be deemed a violation of the User Agreement to approach the Buyers about doing business offline or outside of the Platform. For orders to be filled successfully, all stated products must be kept in stock.
9.3 The Merchants hereby represent and warrant that the product/service descriptions, photos, and other content are true to their appearance, nature, quality, intended use, and other characteristics, and are complete and accurate.
9.4 The product listing descriptions must accurately reflect the products' true state and must not be deceptive. You undertake to return any money you may have received from the Buyer if the product description does not match the actual product.
9.5 You must adhere to the User Agreement's rules and refrain from abusing or misusing the Platform. Anytime this occurs, the Company has the right to suspend your account or prevent you from ever again having access to the Platform.
9.6 hostadi Delivery Terms and Conditions:
9.61 The sellers agree to make a proper, truthful, fair, correct, and factual disclosure regarding the description and value of the products. Sellers may be responsible for additional fees if the product's reported description, weight, or price is inaccurate.
9.62 The registered vendors must ensure that the goods they are selling are original and fit the website's description. The vendors acknowledge that the offered goods fall within the legal parameters for shipment and are specifically not listed as "prohibited goods" in Annexure I ("Prohibited Goods"), which may be downloaded from the website.
9.63 Any dispute involving an order that was lost in transit, returned to sender (RTO), not delivered, or related to an incorrect status update must be raised within 45 days of the creation date of the shipment.
10. User Obligations
10.1 You affirm, agree, and undertake that the following legally enforceable guidelines will be rigorously followed in how you use the Platform:
10.1.1 Any information that belongs to another person or that you do not have the right to host, display, upload, download, change, publish, transmit, update, or share is prohibited.
- is extremely harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting, objectionable to race or ethnicity, disparaging, relating to or encouraging money laundering or gambling, or otherwise illegal in any way; or unlawfully threatening or harassing, including but not limited to "indecent representation of women".
- is in any way deceptive or inaccurate;
- is blatantly offensive to the online community, such as anything that is sexually explicit or that encourages paedophilia, racism, bigotry, hatred, or any kind of physical damage against any group or person;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous; infringes or violates any third party's rights, including but not limited to intellectual property rights, privacy rights (including without limitation the unauthorised disclosure of a person's name, email address), or involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
- provides content that exploits people sexually, violently, or otherwise inappropriately or requests personal information from anyone; provides instructional information about illegal activities like making or purchasing illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, pictures, and other media that are password-protected, restricted-access, or hidden (those not linked to or from another accessible page);
- tries to gain unauthorised access to the Platform or profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or exceeds the scope of authorised access thereto, or requests passwords or personally identifying information from other Users for commercial or illegal purposes;
- engages in commercial endeavours and/or sales without first obtaining our express approval, including but not limited to giveaways, barter, advertising, pyramid schemes, and the purchase or sale of Platform-related goods. In these Terms, "the Company's prior written approval" refers to any message from the Company's authorised representative that is made in response to Your request, specifically addresses and approves the activity or conduct for which You are asking for permission, and does so in writing;
- solicits or participates in gambling that is, or that could be interpreted as, being illegal;
- refers to any website or URL that, in our sole discretion, contains content that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms; interferes with another user's use and enjoyment of the Platform or the use and enjoyment of similar services by any third party;
- Hurt minors in any form;
- violates any patent, trademark, copyright, or another intellectual property right as well as the privacy or publicity rights of third parties or is fraudulent or involves the sale of fake or stolen goods;
- violates any already applicable law;
- misleading the addressee or users about the source of the messages or communicating any egregiously offensive or threatening content;
- impersonate someone else;
- contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that could harm, negatively interfere with, diminish the value of, covertly intercept, or expropriate any data, or personal information; or programmes designed to interfere with, destroy or contains any computer files, code or limit the functionality of any computer resource;
- threatens the country's unity, integrity, defence, security, or sovereignty, friendly relations with other nations, or public order, encourages the commission of any crime, obstructs the investigation of any crime, or defames any other country;
- is untrue, incorrect, or deceptive;
- offers attempts to offer, trades, or tries to trade in any item for which trading is forbidden or restricted in any way by any applicable law, rule, regulation, or guideline currently in effect; or
- makes us liable or results in the loss of our internet service provider's or other suppliers' services (in full or in part).
10.1.2 If you become aware of any action, inaction, transaction, or attempted transaction that violates these Terms or any applicable Laws, you must immediately take all necessary efforts to notify the Company at email@example.com
10.1.3 You may not access, acquire, copy, or monitor any portion of the Platform or any content, or in any way duplicate or obstruct the navigational structure or presentation of the Platform or any content, using any "deep link," "page-scrape," "robot," "spider," or another automatic device, programme, algorithm, or methodology, or any comparable or equivalent manual process. You may not attempt to obtain any documents, information or materials through any means not intentionally made available to you. Any such behaviour is subject to our discretionary prohibition.
10.1.4 By hacking, "password mining," or any other illegal means, you may not attempt to gain unauthorised access to any part or feature of the Platform, any other systems or networks connected to the Platform, any server, computer, or network, or any of the services made available on or through the Platform.
10.1.5 Regarding Your use of our service and Your listing, purchase, or other transaction, You shall at all times ensure full compliance with all applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable Laws; and (c) all applicable statutes, ordinances, and regulations (including, but not limited to, sales tax/VAT, income tax, general sales tax, central excise, customs duty, and local levies). You must not engage in any transactions for products or services that are prohibited by any relevant laws, including any existing laws or rules governing exchange controls.
10.1.6 You agree to give us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity, database rights, or other rights You have in Your information, in any media now known or not currently known, concerning Your information to allow us to use the information provided by You without violating Your rights or any laws. Only as permitted by these terms and policies that apply to the usage of the platform will we use Your Information.
10.1.7 You will occasionally be in charge of disseminating information about the goods or services you plan to sell.
10.1.8 You are not permitted to market to or solicit the purchase of any goods or services from other Platform Users, including but not limited to those associated with us or those listed on the Platform. Chain letters, unsolicited commercial emails, and junk emails are all prohibited from being sent to other Users over the Platform. It shall be a breach of the User Agreement to use any information collected through the Platform to contact, advertise to, solicit, or sell to anyone other than us without our prior written agreement, or to harass, abuse, or otherwise cause harm to another person.
10.1.9 Although we reserve the right to do so, we are under no duty to do so. Any content that, in the Company's sole judgement, violates or is claimed to violate any law or either the spirit or language of these Terms may be removed or edited by the Company. Despite having this option, you are still fully in charge of the information you post on the site and in your private chats. Please be aware that the Company does not endorse the posted content. Any claims, damages, or losses resulting from the use of the content and/or its appearance on the Platform shall not in any way be the responsibility or duty of the Company.
10.1.10 You and the advertiser are the only parties to any correspondence or business interactions you may have. This includes paying for and receiving connected items or services as well as any other terms, conditions, warranties, or representations associated with such dealings. Any loss or damage of any kind resulting from such transactions or as a result of the existence of such advertisers on the Platform is not our responsibility or liability.
10.1.11 other Users (including unauthorised users or "hackers") can publish or send objectionable or pornographic content on the Platform, and you might unintentionally come into contact with it. When you use the platform there might be possibility that someone else can find out your personal details and use it to rouble you. However, by using the Platform, You understand and accept that We are not responsible for the use of any personal information that You publicly reveal or share with others on the Platform. We do not consent to such unauthorised uses. You should be careful when deciding what information you share publicly and with other users on the Platform.
10.1.12 You attest that there are no legal actions, claims, or proceedings brought against you or, to your knowledge, pending or pending before any other authority or in any court that could prevent you from entering into or carrying out your obligations under the User Agreement.
10.1.13 You certify that without the express prior written consent of the Company, You will not transfer Your account or delegate any of your rights or responsibilities under the User Agreement to any other party.
11.1 If You violate the User Agreement, the Company has the right to immediately revoke Your access to and use of the Platform without prior notice. Any unlawful content you submit or display on the Platform may also be immediately and completely removed, and/or it may be reported to law enforcement authorities for possible legal action.
11.2 You agree and acknowledge that the Company or the Platform shall not in any way be responsible or liable for removing or deleting such information if the Company terminates Your access to the Platform. The Company may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers.
12. Not Endorsed
We do not recommend any Merchant or the goods or services they provide. In addition, even though these Terms demand that You furnish truthful Information, we make no effort to verify or substantiate its claimed identity. We disclaim all liability for any harm or loss brought on by your dealings with Merchants. By using the Services, You agree that any legal recourse or liability You seek for the acts or omissions of Merchants or other third parties shall be limited to a claim against the specific Merchant or another third party who injured You and that You shall not attempt to hold us liable for, or seek any legal recourse from, such acts or omissions.
13.1 Some aspects and operations of the Platform may not be fully functional as it is always being upgraded.
13.2 There might be delays, omissions, or inaccuracies in the content provided on the platform, as well as delays or errors in how the platform functions, as a result of the unforeseen events that can happen in the electronic distribution of information and the limitations inherent in providing information gathered from multiple sources. We do not guarantee that the information supplied is accurate in all circumstances as a consequence.
13.3 We disclaim any obligations that may result from any fraudulent use of credit or debit cards.
13.4 The Company disclaims all responsibility for any violations of any laws that may be in force, including any that may be relevant to the goods and services that the Merchant provides.
13.5 The information in the materials is being made available with the understanding that we make no guarantees, representations, or warranties of any kind, whether expressed or implied, about the professionals' qualifications, expertise, quality of work, or other information herein, even though the materials provided on the Platform were prepared to provide accurate information regarding the subject discussed. Furthermore, we in no way support any of the services advertised or mentioned here. We will never be responsible to You or any other party for any decisions or actions taken as a result of using this information.
13.6 The following information is offered "as is." The timeliness, substance, sequencing, correctness, efficacy, or completeness of any information or data furnished herein, as well as whether or not the information or data provided hereunder may be relied upon, are not guaranteed by us and/or our employees. Multiple responses may typically be made available from various sources, and it is up to the discretion of Users to decide how to use, adapt, modify, or combine suggestions with any other sources they may have. In doing so, Users release us, as well as our consultants, business partners, Associates, and staff, from any professional negligence.
13.7 We won't be responsible to You or anyone else for any damages or losses resulting from or connected to the data on the platform. Any decision or action you take based on the information on the Platform will not subject us or our Personnel to liability to you or any third party.
13.8 No matter the legal theory (warranty, contract, tort, or other), we will never be held responsible for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages for unlawful death or injury, and damages for loss of profits, lost data, or business disruption), arising from any services provided by any third party or merchandiser made available through the platform.
13.9 The hereunder are some of the things we are entitled to undertake at whatever time, without prior notice: (a) make modifications, suspend, or discontinue operation of, or access to, the Platform, or any significant part of the Platform, for any reason; (b) alter or start changing the Platform, or any component of the Platform, and any things that can be done or terms; or (c) interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, etc.
14. Intellectual Property
14.1 We either still own rights to intellectual property in the Platform and the content published on it, such as but not restricted to the user interface, configuration layout, order placement process flow, ideas, design, structure, expression, and any content of same, or we have the non-exclusive, internationally, self-perpetuating, irreversible, royalty-free, sub-licensable (through multiple tiers) right to use those rights.
14.2 Any page(s) from the Platform may be printed off once for your use, as well as excerpts may be downloaded. You may also direct others in your organisation to content on the Platform.
14.3 You are not permitted to make any changes to the paper or digital copies of any materials you have printed off or downloaded, and you are not permitted to use any images, such as photos, videos, or audio clips, without the associated text.
14.4 Without first obtaining a licence from us or our licensors, you are not permitted to utilise any portion of the materials on the Platform for commercial endeavours.
14.5 Your right to use the Platform shall immediately terminate if you print, copy, or download any portion of the Platform in violation of these Terms, and you shall promptly return or delete any copies of the Materials you have made, at your choice.
14.6 You are permitted to download information from the Platform at your own risk and without our providing any express or implied warranty regarding such material, provided that:
- such data is used purely for personal purposes and never for any kind of commercial gain;
- nothing is changed or modified in any way to such information;
- No additional representations and guarantees concerning such information or documents containing such information shall be made by or on our behalf;
- Neither partial nor complete removal of any representations or notices indicating our ownership of or other legal rights and interests in connection with such information is permitted.
- Such information may not be copied, published again, sent, shown, uploaded, or disseminated in any way.
15.1 The Merchant consents to pay the Company "Transaction Fees" in the amount of 2% of the total transaction value for all transactions between the Merchant and the Buyer. The Merchant acknowledges that the Transaction Fees are subject to alteration and that any such adjustment will be periodically posted on the Platform.
15.2 To facilitate payments made in connection with the acquisition of goods provided by Merchants to Buyers, we use third-party service providers or payment gateway(s).
15.3 Within two business days of the buyer receiving the good or service delivered under an Order, the pertinent third-party service provider shall transfer the amount paid by the buyer against an Order (after deducting the Transaction Fees) into the merchant's account.
15.4 Cash payments or credit/debit card payments from the banks that are offered when choosing the Pay Facility as the payment method are both supported by the Pay Facility. The Pay Facility might accept payments made with mobile wallets and UPI. However, payment methods may be introduced, deleted, or suspended directly through one or more banks or any payment gateway facilitators, and such a modification shall take effect when it is posted on the website of the relevant third-party service provider.
15.5 To facilitate payment, the Buyers will have access to the Pay Facility. If the Buyer enters incorrect bank account information, the Company will not be held liable for any resulting financial loss. Although the Company shall not be liable for transaction failure or payment issues, you can contact us at firstname.lastname@example.org if there is a technical issue at the time of the transaction and there is a problem making the payment. Whether or whether a third-party payment gateway is used, you are solely responsible for any risks connected with the transfer of funds to the Merchants or for making payments to them.
15.6 You acknowledge and agree that by offering the Pay Facility or any other form of payment to its Buyers, the Company is not acting as a fiduciary or in a fiduciary position concerning the payment transaction.
15.7 We will not bear any responsibility or take any liability for any loss or damage resulting to You directly or indirectly as a result of using any of the payment method(s) offered on the Platform.
- 15.7.1 Denial of permissions for any transaction;
- 15.7.2 Surpassing the predetermined limit collectively decided upon by You and between "Banks";
- 15.7.3 Denial of permissions for any transaction;
15.8 Every payment activity is subject to Your originating bank's approval, if appropriate. The Merchant shall be entitled to terminate the Order without any further liability if Your bank rejects to authorise payment. Furthermore, You acknowledge that if Your bank or other financial institution delays the payment authorisation, neither We nor the Merchants shall be liable for any delivery delays.
15.9 You understand and agree that you may not use any credit card, debit card, net banking, or other payment information that is not legally yours.
15.10 You must make all payments in Indian Rupees or another currency recognised in the Republic of India about any purchases or services you make on the Platform.
15.11 Regarding purchases made on the Platform, the Platform shall not allow for transactions using any other kind of money.
15.12 About transactions made through the Pay Facility, the Merchants have expressly granted permission to the Company or its service providers to receive, process, facilitate, and remit payments electronically or through "pay on delivery" to & from other Buyers.
15.13 By accepting these Terms, You agree that the Company is an independent contractor for all purposes and has no control over or liability for the goods or services that are advertised on the Platform and purchased using the Pay Facility. Your relationship with the Company is one of principle to principle. Both the identification of any Buyer and the completion of a transaction by either a Buyer or a Merchant are not guaranteed by the Company.
15.14 You recognise, acknowledge, and agree that the Pay Facility offered by the Company is neither a banking nor a financial service, but rather a facilitator offering an electronic, automated online payment, receiving payment through "cash on delivery," collection, and remittance facility for the transactions on the Platform using the authorised banking infrastructure already in place and credit card payment gateway networks. Furthermore, the Company is not acting as trustees or in a fiduciary capacity about the transaction or the transaction price by offering the Pay Facility.
15.15 The Company serves as the Merchant's payment agent solely for the limited purpose of receiving payment from Buyers on the Merchant's behalf, and the Buyers recognize and concur with this fact. Your obligation to pay the Merchant for those amounts is satisfied if You pay us the sums that are owed to the Merchant, and we are then in charge of sending those sums to the Merchant. So under conditions should you make any payments to the Merchant directly for Order reservations made through the Platform?
15.16 Payment Facility of Buyers
- 15.16.1 When you start a transaction, as a buyer, you know that there is a payment facility available. By utilising the Pay Facility to buy goods and/or services from the Merchant, You are entering into a legally binding and enforceable contract with the Merchant, and You shall pay the transaction price to the Merchant through Your issuing bank using the Pay Facility.
- 15.16.2 If the products or services being offered by the Merchant are not delivered within the time frame specified in the transaction, You, as the Buyer, shall be entitled to demand a refund of the transaction price from the Merchant (as Your single and exclusive recourse). If You do not submit a refund claim using the capabilities of the Platform within the allotted time, You will not be eligible for a refund.
- 15.16.3 You, the buyer, are aware that some categories of items, services, and/or transactions may not be eligible for refunds in full or in part, and as a result, You may not be entitled to a refund about the transactions for those products and/or services.
Except for "cash on delivery" transactions, any refunds must be processed through the same issuing bank as the transaction price was originally paid, unless You opt for another option listed on the website of the third-party payment gateway.
- 15.16.4 If there are any refunds for "cash on delivery" transactions, they will be issued via electronic money transfers in compliance with the third-party payment gateway's policies.
- 15.16.5 Refunds must only be given in Indian rupees and must be equal to the transaction price paid in rupees.
- 15.16.6 Refunds for contactless transactions must be paid by a payment method that uses any other online banking or electronic funds transfer system that has been authorised by Reserve Bank India (RBI).
- 15.16.7 For some banks, refunds might be supported. You will be needed to provide alternative bank account information to complete refunds when a bank is not supported.
- 15.16.8 Refunds are subject to conditions, and the company has legal options if the buyer misuses the money.
- 15.16.9 We could also ask you for more proof in the form of documents.
- 15.16.10 The Company has the authority to place limits on the quantity of transactions or transaction prices made by a single, valid Credit/Debit/Cash Card, a single, valid Bank Balance, and any other infrastructural facilities or mutual fund, whether either directly or indirectly through a payment aggregation site or via a facility authorised by the Reserve Bank of India to provide an enabling leading to activation for the gathering and disbursement of payment.
- 15.16.11 The Company maintains the right to refuse to process transactions from Buyers who have a history of suspicious charges, also without limitation a breach by the Buyer of the User Agreement signed with the Company, a serious violation of any legislation, or any fees levied by the bank account.
- 15.16.12 The Buyer and Merchant agree that the Company is not responsible for any losses, damages, interests, or other claims arising out of the failure to process a transaction or transaction price or from any delay in processing a transaction or transaction cost beyond the capabilities of the Company's reasonable control.
15.17 Compliance with Applicable laws:
- 15.8.1 The buyer and the seller must abide by all applicable laws, including but not limited to the customs act, information and technology act, 2000 as amended by the information technology (amendment) act 2008, the prevention of money laundering act, 2002 and the rules understanding of a subject, foreign currency management act, 1999 and the rules made and email alerts released thereunder, and the securities and exchange handbook as may be decided to issue by the reserve bank of in India regularly.
15.18 Buyer's Agreement with Bank Account
- 15.18.1 All legitimate credit cards, debit cards, cash cards, and other payment instruments are processed through a payment gateway or appropriate payment system infrastructure, and they are all subject to the terms and conditions that have been agreed upon by the Buyer and each financial institution and company that issues a particular payment instrument.
The portal offered by each issuing bank that supports Pay Facility is used to handle all online bank transfers from legitimate bank accounts to offer these services to Users. The terms and conditions established by the buyer and the particular issuing bank likewise apply to all such online bank transfers made through Pay Facility.
16. Third-Party Links
We disclaim any implied or explicit guarantees or assurances on the content, services, and information provided on such linked websites to the extent that the Platform contains connections to advertising banners, information about outside services, and resources offered by third parties. Any issues with any of these services or resources, or any links to them, should be brought up with the supplier of that specific service or resource. We simply offer these links for the convenience of Platform users. You are free to browse any or all of the websites that are linked, but we will not be held liable for the results of any such interactions.
17. Limitation of Liability
17.1 Any damages for loss of profits, goodwill, use, data, or other intangible losses arising (in any manner whatsoever) out of or in connection with the Platform, the Pay Facility, or services rendered by internal service providers on behalf of the P shall not, under any circumstances, be the responsibility of the Company, its Personnel, or its suppliers, service providers, or internal service providers.
17.2 In such cases, the Company's liability is constrained to the sum of any charges or fees that You may have paid to the Company. The Company, its Personnel, internal service providers, and technology partners do not represent or warrant that any information or communication provided on or through the use of the Platform will be accurate, reliable, complete, or timely, nor do they guarantee that the Platform or Pay Facility will operate without interruption or error. The Company disclaims all responsibility for any financial or other harm that You may experience as a result of (a) the failure, interruption, delay, or corruption of any data or other information communicated in connection with the use of the Platform or Pay Facility; or (b) any lag, omission, interruption, or mistake in how the Platform or Pay Facility operates.
18. Breach of contract or noncompliance indemnity
You agree to defend and hold harmless the Company, its parent company, subsidiaries, employees, affiliates, and internal service providers, as well as each of their respective officers, directors, shareholders, agents, and staff, from and against any losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement, and expenses (including without limitation, attorneys' fees and disbursements), incurred by any third party or penalised.
19.2 The Company sees the preservation of user privacy as a crucial social norm. The Company is aware that one of its most valuable assets is You and the personal information that You have submitted. Under the relevant Law, the Company saves and processes the information that You submit while keeping it secure through appropriate physical and technological security measures.
20. Breach and Termination
20.1 Without restricting other legal options available to it, the Company could, in its absolute discretion, limit Your use of the Platform, eliminate Your information right away, notify other Users of Your actions, instantaneously revoke or discontinue your member status, block one access to the Service, and/or refuse to provide you access to the Network. If the Company is unable to verify or authenticate any information provided by You, if the Company believes that Your conduct may subject the Company, other Users, or yourself to legal liability. any abuse of Your account or the Pay Facility (if used).
20.2 Any rights or claims that the Company may have against the User are not waived by any actions, inactions, or decisions taken by the Company. Any User who may have been suspended or blocked is not permitted to register with the Platform, make an effort to join with the Platform, or use the Platform in any way till the Company has rehabilitated the User.
20.3 You agree and understand that we may, in our sole discretion, and without warning or prior notification, revoke your permission to access all or a portion of the Platform or stop making it accessible, including but not limited to:
- 20.3.1 in response to demands from government organisations or police enforcement;
- 20.3.2 to complete your request;
- 20.3.3 the websites or any of its services' suspension or significant alteration;
- 20.3.4 unexpected technological problems;
- 20.3.5 occurrence of an uncontrollable event.
20.4 Your duties and liabilities incurred before the termination date will continue to apply after the User Agreement has ended.
21. Grievance Redressal Mechanism
21.1 If you have any concerns about the Platform, other users, or the Company, or if you have any questions regarding the suspended sentence, termination, or blocking of your membership or right to use the Platform, you should immediately contact the designated grievance officer at email@example.com and provide the grievance officer with all necessary information and/or documents to enable the Company/Grievance to resolve your concern.
21.2 The Grievance Officer will make an effort to respond to your complaints or grievances within 48 (forty-eight) hours after receiving them. To investigate complaints or grievances and resolve them, the grievance officer may need any information he deems necessary. The respective grievance officer must take an action to settle it within one month of lodging the compliant. You acknowledge that the Grievance Officer won't be able to handle your complaint or grievance if you don't give them the details they need to investigate it, and as a result, the complaint or grievance may go unresolved. By accepting these terms, you give the Grievance Officer permission to contact you for the grievance or complaint based on the data you have provided.
22.1 Information about the Company's business transactions with any entities or persons with whom the Company may or may not have a confidentiality obligation about the matter in question and all communications between You and the Company, as well as any confidential information you give or receive from the Company. The information or data shall be kept confidential by You (irrespective of whether it has been marked as confidential) unless specifically permitted to do so in writing by the Company.
22.2 Additionally, rather than to other Platform Users, the Company may at any time disclose any confidential information on a confidential basis to any current or potential strategic or financial investors, collaborators, or network operators.
22.3 If the agreement with or the account of the concerned User is terminated, this confidential obligation will survive.
The remainder of the User Agreement and the application of the such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the User Agreement remains in full force and implications. The User Agreement and its application to any person or circumstance are invalid, unlawful, void or unenforceable under any applicable law, for any reason.
24. Legislation and jurisdiction
In line with Indian law, the User Agreement and other documents included by reference will be interpreted. The senior management of the Company will be consulted if a dispute between You and the Company arises during Your use of the Platform, the Pay Facility, any service related to the Platform, or after regarding the legality, interpretation, implementation, or alleged breach of any provision of the Terms and/or any other agreement between You and the Company aside from the Terms Of agreement and any other records integrated figurative reference.