THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION
TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A
COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS OF USE WERE
UPDATED ON AUGUST, 2024. PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM YOU
INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS
YOU MAY NOT USE THIS PLATFORM.
1. DEFINITIONS :
“Buyers” shall have the meaning ascribed to in as under the Buyers’ Agreement;
“Platform” shall mean Baazar.io that provides a collection of online resources, including
classified advertisements, forums, related sites including the mobile application of the
platform;
“Products” shall mean the goods and services listed on the Platform by the Merchants for the
purposes of marketing and selling such goods and services to Buyers;
“Baazar.io”; “Us”; “We”; “Our” shall mean the Company;
“Users”, “Merchants” “Sellers” “You” or “Your”; shall mean any natural or legal person who has
access to and is using the Platform for the purpose of marketing or selling their Products,
including but not limited to such users who have not created a User Account and are accessing
the Platform without such a User Account; and
“User Account” shall be the account, which the Users shall be required to create with the
Platform to avail the entire gamut of Services offered by it.
2. INTRODUCTION :
This Platform is operated by the Company under the brand Baazar.io. The Company offers this
Platform, including all information, tools and services available from this Platform to You, the
User, conditioned upon Your acceptance of all terms, conditions, policies and notices stated
here. The User’s use of the Platform and related tools and services thereof, including but not
limited to viewing information, acting on such information and the transactions that may be
implemented through the Platform, is governed by and shall be subject to these terms and
conditions (“Merchants’ Agreement” or “Terms of Service” or “Terms”), the terms whereof are
subject to change at any time, without prior notice to You. Any new features or tools which are
added to the current Platform shall also be subject to the Terms of Service. To ensure that You
are aware of the changes, please review this Merchants’ Agreement and all the documents referred
to hereunder periodically.
If You continue to browse through this Platform, You are agreeing to be bound by the Terms which
along with the Privacy Policy govern Your relationship with Us. You confirm that You have also
read and have agreed and accepted to be bound by the terms and conditions incorporated in the
terms of the Privacy Policy, which shall be deemed to be a part of this Merchants’ Agreement.
In the event You are representing an incorporated entity, You hereby confirm that You have been
expressly authorised by such entity to consent this Merchants’ Agreement, and such entity agrees
to be bound by the terms hereunder.
This Merchants’ Agreement sets forth the legally binding terms of Your use of the Platform and
related services. By proceeding further, You confirm that You have read and have agreed and
accepted to be bound by the terms and conditions mentioned herein and incorporated in any
additional guidelines or rules applicable to particular services on the Platform (“Additional
Documents”), which shall be deemed to be a part of this Merchants’ Agreement. In the event of
any conflict between the terms of this Merchants’ Agreement and any aforesaid Additional
Documents, the Additional Documents shall prevail. If any of the terms of this Merchants’
Agreement or of any of the Additional Documents are not acceptable to You, please do not use the
Platform. Your continued usage of the Platform after any change constitutes Your acceptance of
the amended Merchants’ Agreement.
3. SCOPE OF THE PLATFORM :
The Platform is an e-portal/mobile based application for marketing, purchasing and selling of
Products. By visiting our Platform and/ or listing some Product for marketing purposes, You
engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies, as may be laid
down under any Additional Documents as referenced herein and/or available by hyperlink. These
Terms of Service apply to all Users of the Platform, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of data, content, Information,
pictorial representations and/or images (“Content”).
4. EXCLUSION OF LIABILITY :
You are aware and fully understand that Platform is only a platform for prospective buyers and
sellers and that:
The Merchant shall alone have full legal and moral responsibility and liability for all the
Products listed and sold on the Platform. The Company shall bear no liability or responsibility
either for the Products being shown in catalogue or for the actual goods or services provided to
the Buyers by You and all such liability, including financial and legal, shall solely lie with
You;
The Merchant shall alone be responsible for procuring all licenses, permits, passes etc. as
required by applicable law for each of the Products listed or sold through the Platform by You.
The responsibility lies solely with You for ensuring that the Products being listed or sold are
permitted for advertising, listing and sale under applicable laws;
It is Merchant’s responsibility to not list or sell anything that is not permitted under
applicable laws at the said point in time. An indicative list is provided below under clause 7,
but that list is not exhaustive. We have the right but not the obligation to remove any item
that is listed for sale from the Platform;
Platform is only facilitating payments on behalf of You and accepts no liability associated with
the listing or delivery of goods or services by You
The Merchant shall make every effort to ensure that images of the Products exactly reflect the
appearance of the Products in real life and the store display as accurately as possible the
colors and images of the Products; and
The Merchant shall bear full liability and responsibility for dealing with any returns or
refunds. The responsibility for communicating, managing and arranging for any refunds or returns
lies entirely with You. The Company shall not be responsible for dealing with any returns or
refunds.
5. ONLINE STORE TERMS :
By agreeing to these Terms of Service, You represent that You are at least the age of majority
in Your state or province of residence You and You have given Us, Your consent to allow any of
Your minor dependents to use this Platform;
You may not, in the use of the Service, violate any laws in Your jurisdiction (including but not
limited to copyright laws);
You must not transmit any worms or viruses or any code of a destructive nature;
That the Content submitted by You shall not be derogatory, offensive or misleading in any
manner;
You are solely responsible for the Content that You upload, submit or send to or exchange on the
Platform. We shall under no circumstances be responsible for any claims made by a third party in
respect thereof;
Any fraudulent use of this Platform or applicable payment method to purchase the Products, which
causes any monetary loss to the Company as a result of Your action/inaction shall be recovered
from You. Without prejudice to the above, the Company reserves the right to initiate legal
proceedings against You for the fraudulent use of this Platform or for any other unlawful act or
omission in breach of this Merchants’ Agreement.
That images and pictorial representations on the Platform may be enhanced for advertising
purposes;
That We will not be responsible for verifying any Content posted on the Platform;
That You also understand and acknowledge that the use of the Platform requires internet /mobile
network connectivity. You shall bear the costs incurred to access and use the Platform and We
shall not, under any circumstances whatsoever, be responsible or liable for such costs;
That You shall be solely responsible for all activities undertaken through Your User Account,
whether or not You have authorized such activities or actions and shall, at all times, keep the
Company indemnified in this regard;
That You shall be responsible for checking the Content, Product description and other related
information; and
If You are registering as a business entity, You represent that You are duly authorized by the
business entity to accept this Merchants’ Agreement and You have the authority to bind that
business entity to this Merchants’ Agreement.
A breach or violation of any of the Terms will result in an immediate termination of Services
and may result in reporting to the law enforcement agencies.
6. GENERAL CONDITIONS :
We reserve the right to refuse Service to anyone (without assigning any reason) at any time.
You understand that Your Content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the Platform through which the
Service is provided, without express written permission by Us.
The headings used in this Merchants’ Agreement are included for convenience only and will not
limit or otherwise affect these Terms.
7. PROHIBITED USES :
In furtherance to Clause 4 (iii) above, You undertake and warrant that You will not list the
following Products on the Platform:
Adult products and pornographic materials (including child pornography) in any form (print,
audio/video, multimedia messages, images, photographs, etc.);
Alcohol;
Animals and wildlife products – examples include live animals, mounted specimens, and ivory;
Artifacts;
Counterfeit goods and services infringing the IP (as defined below);
Crude oil;
Electronic surveillance equipment prohibited by law;
Embargoed goods from prohibited countries;
Endangered species of animals and plants, whether alive or dead;
Event tickets which are exempted from resale by law;
Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;
Any financial services;
Food and healthcare items without holding requisite permits;
Grey market products;
Government related items/ equipment (like wireless equipment with frequency used by the police,
uniforms of Government officials including but not limited to the use by the police/ the Indian
army, etc.)
Government issued documents like passports etc.;
Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and
refrigerants;
Human remains and body parts;
IP in any form (including but not limited to music, movies, books, designs) for which the
Merchant do not hold the distribution rights;
Invoices and receipts (including blank and pre-filled);
Liquefied petroleum gas cylinder;
Lottery tickets;
Mailing lists and personal information;
Maps and literature where Indian external boundaries have been shown incorrectly;
Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s
prescription;
Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic
Substances Act, 1985;
Offensive material which is likely to offend the sentiments of people whether on the grounds of
religion, race, caste, sex or place of birth, race, ethnicity, or culture;
Radioactive materials;
Reptile skins;
Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;
Stocks and securities;
Real estate;
Radioactive materials;
Stolen property;
Tobacco;
Any other sanctioned or prohibited items or services as per applicable laws; and
Any other item deemed unfit by Company.
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from
using the Platform or its Content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or any
applicable ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights
of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in
any way that will affect the functionality or operation of the Service or of any related
Platform, other Platforms, or the internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any related Platform,
other Platforms, or the internet. We reserve the right to terminate Your use of the Service or
any related Platform for violating any of the prohibited uses.
8. TERMS OF USE :
You acknowledge that certain parts of this Platform are available only if You register on this
Platform by following the registration process mentioned under this Merchants’ Agreement.
9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION :
We are not responsible if information made available on the Platform is not accurate or not
complete or not current. The material on the Platform is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without consulting
primary and more accurate sources of information. Any reliance on the material on the Platform
is at your own risk; and
We reserve the right to modify the contents of the Platform at any time, but We have no
obligation to update any information on the Platform. You agree that it is Your responsibility
to monitor changes to Our Platform.
10. MODIFICATIONS TO THE SERVICE AND PRICES :
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time. We shall not be liable to You or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
11. PRICE OF THE PRODUCTS:
The Merchant undertakes and warrants that at all times, the sale price of Product provided by
the Merchant for listing and display on the Platform shall be:
Inclusive of all taxes; and
the exact price at which the Product would be sold to the Buyer.
We will in no way be responsible for assisting You in relation to any claims with respect to tax
payable on the Products sold by You on the Platform.
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries,
affiliates, form any loss arising out of or in relation to any : (i) claims with respect to
taxes to be paid on the Products sold by You on the Platform; and/or (ii) with respect to any
misrepresentation of the sale price of the Products listed by You on the Platform.
12. PRODUCTS :
We reserve the right, but not the obligation, to limit the sales of our Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any Products that You offer. All descriptions of
Products or Product pricing are subject to change at any time without notice, at our sole
discretion. We reserve the right to discontinue any Product at any time. Any offer for any
Product made on this Platform is void where prohibited.
We do not warrant that the quality of any Products, information, or other material purchased or
obtained by any Buyers from You will meet the Buyers’ expectations, or that any errors in the
Service will be corrected. You will be solely responsible for the same.
13. OPTIONAL TOOLS :
We may provide You with access to third-party tools which We neither monitor nor have any
control over nor do We provide any input. You acknowledge and agree that we provide access to
such tools on an “as is basis” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by You of optional tools offered through the Platform is entirely at Your own risk and
discretion and You should ensure that You are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platform (including,
the release of new tools and resources). Such new features and/or services shall also be subject
to these Terms of Service.
14. THIRD-PARTY LINKS :
Certain content, products and services available via our Service may include materials from
third-parties.
Third-party links on this Platform may direct You to third-party Platforms that are not
affiliated with Us. We are not responsible for examining or evaluating the content or accuracy
and We do not warrant and will not have any liability or responsibility for any third-party
materials or Platforms, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, Content, or any other transactions made in connection with any third-party Platforms.
Please review carefully the third-party's policies and practices and make sure You understand
them before You engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS :
If, at Our request, You send certain specific submissions (for example contest entries) or
without a request from Us, You send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”),
You agree that We may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that You forward to Us.
We are and shall be under no obligation to:
maintain any Comments in confidence;
pay compensation for any Comments; or
respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that
Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the
Service or any related Platform. You may not use a false e-mail address, pretend to be someone
other than Yourself, or otherwise mislead us or third-parties as to the origin of any Comments.
You are solely responsible for any Comments You make and their accuracy. We take no
responsibility and assume no liability for any Comments posted by You or any third-party.
16. PERSONAL INFORMATION :
Your submission of personal information is governed by Our Privacy Policy.
17. ERRORS, INACCURACIES AND OMISSIONS :
Occasionally there may be information on the Platform or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any related Platform is
inaccurate at any time without prior notice We undertake no obligation to update, amend or
clarify information in the Service or on any related Platform, including without limitation,
pricing information, except as required by law. No specified update or refresh date applied in
the Service or on any related Platform, should be taken to indicate that all information in the
Service or on any related Platform has been modified or updated.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY :
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted,
timely, secure or error-free. We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or
cancel the Service at any time, without notice to You.
You expressly agree that Your use of, or inability to use, the service is at Your sole risk. We
are not responsible for ensuring that the sale price and other consideration to be received from
the Buyer (“Sale Price”) for sale of Products listed on the Platform to the Buyers. Any Service
provided to you by Us is without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or conditions of due receipt of Sale
Price and non-infringement.
In no case shall the Company, Our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any
kind, including, without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from Your use of any of the Service, or for
any other claim related in any way to Your use of the Service, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind incurred as a result
of the use of the Service or any Content (or product) posted, transmitted, or otherwise made
available via the Service, even if advised of their possibility. In states or jurisdictions that
do not allow the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
19. COPYRIGHT AND TRADEMARK :
Each time You upload the Content, You grant the Company a worldwide non-exclusive, transferable,
royalty free license to use any such content including by way of distribution, storage, hosting,
sub-license, reproduction, communication, creation of derivative works, and modification of such
content. You accept that such license will not terminate upon Your deletion or removal of the
Content or other uploaded content in respect of which it is granted; and shall continue to be
used by the Company, on the Platform.
You agree and confirm that:
All copyright, database right and all other proprietary rights, title and interest in all
Content and or information presented on this Platform (“IP”) is owned by and/or licensed to Us
or owned by and/or licensed to the manufacturer of the Products and/or Services or is owned by
and/or licensed to the person uploading such Content and is or may be protected or covered by
copyright, trade mark, intellectual property law and/or other proprietary rights, unless
expressly stated otherwise.
No extracts of this Platform or part thereof shall be displayed, printed or downloaded by You or
with Your assistance, for any reason, including without limitation to commercialise any IP in
any way.
Your use of this Platform does not confer on You or any other party, any licence or other rights
under the intellectual property or other proprietary rights of the Company, the manufacturer of
the Products and/ or Services and/or of any third party, whether implied or otherwise.
The Company shall not be held liable for any claims relating to infringement of any intellectual
property rights in relation to the Products and/or Services their content and/or Content.
20. INDEMNIFICATION :
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of
these Terms of Service or the documents they incorporate by reference, or Your violation of any
law or the rights of a third-party.
21. SEVERABILITY :
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms
of Service, such determination shall not affect the validity and enforceability of any other
remaining provisions.
22. TERMINATION :
These Terms of Service are effective unless and until terminated by either You or Us. If in our
sole judgment You fail, or we suspect that You have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this Merchants’ Agreement at any time without
notice and You will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny You access to our Services (or any part thereof).
23. ENTIRE AGREEMENT :
Our failure to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by Us on this Platform or in
respect to The Service constitutes the entire agreement and understanding between You and Us and
govern Your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between You and Us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against
the drafting party.
24. FORCE MAJEURE :
We shall not be held liable for any of Our obligations under the Merchants’ Agreement due to
reasons beyond our control such as down time of servers, viruses, strikes, technical snags,
system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us
liable for any delay or adverse effect caused due to the occurrence of such an event.
25. CHANGES TO TERMS OF SERVICE :
You can review the most current version of the Terms of Service at any time at this page. We
reserve the right, at our sole discretion, to update, change or replace any part of these Terms
of Service by posting updates and changes to our Platform. It is Your responsibility to check
our Platform periodically for changes. Your continued use of or access to our Platform or the
Service following the posting of any changes to these Terms of Service constitutes acceptance of
those changes.
26. CONTACT INFORMATION :
For any queries about Terms of Service, you can call mail us on
1. DEFINITIONS :
“Merchant” shall have the meaning as ascribed under the Merchants’ Agreement
“Platform” shall mean Baazar.io that provides a collection of online resources,
including classified advertisements, forums, related sites including the mobile
application of the platform;
“Products” shall mean the goods and services listed on the Platform by the
Merchants for the purposes of marketing and selling such goods and services to
the Buyers;
“Baazar.io”; “Us”; “We”; “Our” shall mean the Company;
“Users”, “Buyers”, “You” or “Your”; shall mean any natural or legal person who
has access to and is using the Platform for the purpose of buying Products
listed on the Platform, including but not limited to such users who have not
created a User Account and are accessing the Platform without such a User
Account; and
“User Account” shall be the account, which the Users shall be required to create
with the Platform to avail the entire gamut of Services offered by it.
2. INTRODUCTION :
This Platform is operated by the Company under the brand Baazar.io. The Company
offers this Platform, including all information, tools and services available
from this Platform to You, the User, conditioned upon Your acceptance of all
terms, conditions, policies and notices stated here. The User’s use of the
Platform and related tools and services thereof, including but not limited to
viewing information, acting on such information and the transactions that may be
implemented through the Platform, is governed by and shall be subject to these
terms and conditions (hereinafter referred as “Terms of Service” or “Buyer’s
Agreement”), the terms whereof are subject to change at any time, without prior
notice to You. Any new features or tools which are added to the current Platform
shall also be subject to the Terms of Service. To ensure that You are aware of
the changes, please review this Buyers’ Agreement and all the documents referred
to hereunder periodically.
If You continue to browse through this Platform, You are agreeing to be bound by
the Terms which along with the Privacy Policy govern your relationship with us.
You confirm that You have also read and have agreed and accepted to be bound by
the terms and conditions incorporated in the terms of the Privacy Policy, which
shall be deemed to be a part of this Buyers’ Agreement.
In the event You are representing an incorporated entity, You hereby confirm
that You have been expressly authorised by such entity to consent this Buyers’
Agreement, and such entity agrees to be bound by the terms hereunder.
This Buyers’ Agreement sets forth the legally binding terms of Your use of the
Platform and related services. By proceeding further, You confirm that You have
read and have agreed and accepted to be bound by the terms and conditions
mentioned herein and incorporated in any additional guidelines or rules
applicable to particular services on the Platform (“Additional Documents”),
which shall be deemed to be a part of this Buyers’ Agreement. In the event of
any conflict between the terms of this Buyers’ Agreement and any aforesaid
Additional Documents, the Additional Documents shall prevail. If any of the
terms of this Buyers’ Agreement or of any of the Additional Documents are not
acceptable to You, please do not use the Platform. Your continued usage of the
Platform after any change constitutes Your acceptance of the amended Buyers’
Agreement.
3. SCOPE OF THE PLATFORM :
The Platform is an e-portal/mobile based application for marketing, purchasing
and selling of Products. By visiting the Platform and/or buying/agreeing to buy
Products listed on the Platform, You engage in our “Service” and agree to be
bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies, as may be laid
down under any Additional Documents as referenced herein and/or available by
hyperlink. These Terms of Service apply to all Users of the Platform, including
without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of data, content, information, pictorial representations and/or
images (“Content”).
4. EXCLUSION OF LIABILITY :
You are aware and fully understand that Platform is only a platform for
prospective buyers and sellers and that:
The Merchant alone shall have full legal and moral responsibility and liability
for all the Products listed and sold on the Platform. Company shall bear no
liability or responsibility either for the Products being shown in catalogue or
for the actual goods or services provided to You;
The Merchant alone shall be responsible for procuring all licenses, permits,
passes etc. as required by applicable law for each of the Products listed or
sold through the Platform. The responsibility lies solely with You and the
Merchant for ensuring that the Products being listed or sold and bought are
permitted for advertising, listing, sale and purchase under applicable laws;
It is Merchant’s responsibility to not list or sell anything that is not
permitted under applicable laws and Your responsibility to not purchase anything
that is not permitted under applicable laws at the said point in time. An
indicative list is provided below under clause 7, but that list is not
exhaustive. We have the right but not the obligation to remove any item that is
listed for sale from the Platform; and
Platform will not be liable for any complaints with respect to product quality
or any misinformation to Your customers which liability completely rest with YOU
5. ONLINE STORE TERMS :
By agreeing to these Terms of Service, You represent that You are at least the
age of majority in your state or province of residence You and You have given
Us, Your consent to allow any of Your minor dependents to use this Platform;
You may not use any Products for any illegal or unauthorized purpose;
You may not, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws);
You must not transmit any worms or viruses or any code of a destructive nature;
That the Content submitted by You shall not be derogatory, offensive or
misleading in any manner;
You are solely responsible for the Content that You upload, submit or send to or
exchange on the Platform. We shall under no circumstances be responsible for any
claims made by a third party in respect thereof;
Any fraudulent use of this Platform or applicable payment method to purchase the
Products, which causes any monetary loss to the Company as a result of Your
action/inaction shall be recovered from You. Without prejudice to the above, the
Company reserves the right to initiate legal proceedings against You for the
fraudulent use of this Platform or for any other unlawful act or omission in
breach of this Buyer’s Agreement;
That images and pictorial representations on the Platform may be enhanced for
advertising purposes;
We will not be responsible for verifying any Content posted on the Platform;
That You also understand and acknowledge that the use of the Platform requires
internet /mobile network connectivity. You shall bear the costs incurred to
access and use the Platform and We shall not, under any circumstances
whatsoever, be responsible or liable for such costs;
That You shall be solely responsible for all activities undertaken through Your
User Account, whether or not You have authorized such activities or actions and
shall, at all times, keep the Company indemnified in this regard;
That You shall be responsible for checking the Content, Product description and
other related information; and
If You are registering as a business entity, You represent that You are duly
authorized by the business entity to accept this Buyers’ Agreement and You have
the authority to bind that business entity to this Buyer’s Agreement.
A breach or violation of any of the Terms will result in an immediate
termination of Services and may result in reporting to the law enforcement
agencies.
6. GENERAL CONDITIONS :
We reserve the right to refuse Service to anyone (without assigning any reason)
at any time.
You understand that Your Content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer
over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service or any contact on
the Platform through which the Service is provided, without express written
permission by Us.
The headings used in this Buyers’ Agreement are included for convenience only
and will not limit or otherwise affect these Terms.
7. PROHIBITED USES :
We have built systems wherein We restrict Merchants from offering to sell any
prohibited items on the Platform. However, You understand and acknowledge that
as a buyer it is also Your responsibility to ensure that at no point You
purchase the following Products on the Platform in the unlikely event that they
are listed by the Merchant:
Adult products and pornographic materials (including child pornography) in any
form (print, audio/video, multimedia messages, images, photographs, etc.);
Alcohol;
Animals and wildlife products – examples include live animals, mounted
specimens, and ivory;
Artifacts;
Counterfeit goods and services infringing the IP (as defined below);
Crude oil;
Electronic surveillance equipment prohibited by law;
Embargoed goods from prohibited countries;
Endangered species of animals and plants, whether alive or dead;
Event tickets which are exempted from resale by law;
Firearms, weapons, and knives – examples include pepper spray, replicas, and
stun guns;
Any financial services;
Food and healthcare items without holding requisite permits;
Grey market products;
Government related items/ equipment (like wireless equipment with frequency used
by the police, uniforms of Government officials including but not limited to the
use by the police/ the Indian army, etc.)
Government issued documents like passports etc.;
Hazardous, restricted, or regulated materials – examples include batteries,
fireworks, and refrigerants;
Human remains and body parts;
IP in any form (including but not limited to music, movies, books, designs) for
which the Merchant do not hold the distribution rights;
Invoices and receipts (including blank and pre-filled);
Liquefied petroleum gas cylinder;
Lottery tickets;
Mailing lists and personal information;
Maps and literature where Indian external boundaries have been shown
incorrectly;
Medicines, drugs and drug paraphernalia that require a registered medical
practitioner’s prescription;
Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs
and Psychotropic Substances Act, 1985;
Offensive material which is likely to offend the sentiments of people whether on
the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or
culture;
Radioactive materials;
Reptile skins;
Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic
Techniques Act, 1994;
Stocks and securities;
Real estate;
Radioactive materials;
Stolen property;
Tobacco;
Any other sanctioned or prohibited items or services as per applicable laws; and
Any other item deemed unfit by Company.
In addition to other prohibitions as set forth in the Terms of Service, You are
prohibited from using the Platform or its Content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules,
laws, or any applicable ordinances;
to infringe upon or violate our intellectual property rights or the intellectual
property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the
Service or of any related Platform, other Platforms, or the internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any
related Platform, other Platforms, or the internet. We reserve the right to
terminate Your use of the Service or any related Platform for violating any of
the prohibited uses.
8. TERMS OF USE :
You acknowledge that certain parts of this Platform are available only if You
register on this Platform by following the registration process mentioned under
this Buyer’s Agreement.
9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION :
We are not responsible if information made available on the Platform is not
accurate or not complete or not current. The material on the Platform is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary and more accurate
sources of information. Any reliance on the material on the Platform is at Your
own risk; and
We reserve the right to modify the contents of the Platform at any time, but We
have no obligation to update any information on the Platform. You agree that it
is Your responsibility to monitor changes to Our Platform.
10. MODIFICATIONS TO THE SERVICE AND PRICES :
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time. We shall not be liable to
You or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
11. PRODUCTS :
We reserve the right, but not the obligation, to limit the sales of our Services
to any person, geographic region or jurisdiction. We may exercise this right on
a case-by-case basis. All descriptions of Products or Product pricing are
subject to change at any time without notice, at our sole discretion. We reserve
the right to discontinue any Product at any time. Any offer for any Product made
on this Platform is void where prohibited.
We do not warrant that the quality of any Products, information, or other
material purchased or obtained by You from the Merchants will meet Your
expectations, or that any errors in the Service will be corrected. The Merchants
will be solely responsible for the same.
12. ADDITIONAL SERVICES TO YOU :
Company also offers certain business support services such as calling services,
WhatsApp messaging, including logistics services and customer support for Your
dropshipping platforms. These do not form part of the Platform and are available
as additional business services outside the Platform. You may opt for such
services upon payment of mutually agreed fees set out under Annexure A, which
may be amended from time to time. However, the liability for any refunds or
returns for Your dropshipping platform lies entirely with You with respect to
Your end customers and Your dropshipping platform. Company will facilitate
return and refund requests from Your end consumers for Your dropshipping
platform basis Your returns and refunds policy communicated to Us.
The Company shall not be liable for any third-party claims arising out of such
services rendered for Your dropshipping platform. Platform accepts no liability
associated with the pricing, product listing or delivery of goods or services by
You to any third-parties. Platform is not responsible for transactions which You
undertake outside the Platform with respect to the products purchased by You
from the Platform and We shall not be liable for any third party claims arising
outside the Platform (including Your dropshipping platform) which we receive
arising due to or in relation to the transactions undertaken by You outside the
Platform.
13. OPTIONAL TOOLS :
We may provide You with access to third-party tools which We neither monitor nor
have any control over nor do We provide any input. You acknowledge and agree
that we provide access to such tools on an “as is basis” and “as available”
without any warranties, representations or conditions of any kind and without
any endorsement. We shall have no liability whatsoever arising from or relating
to your use of optional third-party tools.
Any use by You of optional tools offered through the Platform is entirely at
Your own risk and discretion and You should ensure that You are familiar with
and approve of the terms on which tools are provided by the relevant third-party
provider(s). We may also, in the future, offer new services and/or features
through the Platform (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of Service.
14. THIRD-PARTY LINKS :
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this Platform may direct You to third-party Platforms that
are not affiliated with Us. We are not responsible for examining or evaluating
the content or accuracy and We do not warrant and will not have any liability or
responsibility for any third-party materials or Platforms, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, Content, or any other transactions made in
connection with any third-party Platforms. Please review carefully the
third-party's policies and practices and make sure You understand them before
You engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS :
If, at Our request, You send certain specific submissions (for example contest
entries) or without a request from Us, You send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, “Comments”), You agree that We may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that You forward to Us.
We are and shall be under no obligation to:
maintain any Comments in confidence;
pay compensation for any Comments; or
respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that Your Comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related Platform. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any Comments. You are solely responsible for
any Comments You make and their accuracy. We take no responsibility and assume
no liability for any Comments posted by You or any third-party.
16. PERSONAL INFORMATION :
Your submission of personal information is governed by Our Privacy Policy
17. ERRORS, INACCURACIES AND OMISSIONS :
Occasionally there may be information on the Platform or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related Platform is inaccurate at
any time without prior notice (including after You have submitted Your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related Platform, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related platform, should be taken to indicate
that all information in the Service or on any related Platform has been modified
or updated.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY :
We do not guarantee, represent or warrant that your use of our Service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
Service will be accurate or reliable. You agree that from time to time we may
remove the Service for indefinite periods of time or cancel the Service at any
time, without notice to you.
You expressly agree that Your use of, or inability to use, the Service is at
Your sole risk. The Products delivered to You through the Service are (except as
expressly stated by us) provided on an 'as is basis' and 'as available' for Your
use, without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Company our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive, special,
or consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict
liability or otherwise, arising from Your use of any of the Service, or for any
other claim related in any way to Your use of the Service, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the Service or any Content (or product)
posted, transmitted, or otherwise made available via the Service, even if
advised of their possibility. In states or jurisdictions that do not allow the
exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
19. COPYRIGHT AND TRADEMARK :
Each time You upload the Content, You grant the Company a worldwide
non-exclusive, transferable, royalty free license to use any such content
including by way of distribution, storage, hosting, sub-license, reproduction,
communication, creation of derivative works, and modification of such content.
You accept that such license will not terminate upon Your deletion or removal of
the Content or other uploaded content in respect of which it is granted; and
shall continue to be used by the Company, on the Platform.
You agree and confirm that:
All copyright, database right and all other proprietary rights, title and
interest in all Content and or information presented on this Platform (“IP”) is
owned by and/or licensed to Company or owned by and/or licensed to the
manufacturer of the Products and/or Services or is owned by and/or licensed to
the person uploading such Content and is or may be protected or covered by
copyright, trade mark, intellectual property law and/or other proprietary
rights, unless expressly stated otherwise.
No extracts of this Platform or part thereof shall be displayed, printed or
downloaded by You or with Your assistance, for any reason, including without
limitation to commercialise any IP in any way.
Your use of this Platform does not confer on You or any other party, any licence
or other rights under the intellectual property or other proprietary rights of
Company, the manufacturer of the Products and/ or Services and/or of any third
party, whether implied or otherwise.
Company shall not be held liable for any claims relating to infringement of any
intellectual property rights in relation to the Products and/or Services their
content and/or Content.
20. INDEMNIFICATION :
You agree to indemnify, defend and hold harmless Company and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of Your breach of these Terms of Service
or the documents they incorporate by reference, or Your violation of any law or
the rights of a third-party.
21. SEVERABILITY :
You acknowledge that certain parts of this Platform are available only if You
register on this Platform by following the registration process mentioned under
this Buyer’s Agreement.
22. TERMINATION :
These Terms of Service are effective unless and until terminated by either You
or Us. If in our sole judgment You fail, or we suspect that You have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this Buyer’s Agreement at any time without notice and You will remain
liable for all amounts due up to and including the date of termination; and/or
accordingly may deny You access to our Services (or any part thereof).
23. ENTIRE AGREEMENT :
Our failure to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision. These Terms of
Service and any policies or operating rules posted by Us on this Platform or in
respect to The Service constitutes the entire agreement and understanding
between You and Us and govern Your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between You and Us (including, but not limited to, any prior versions
of the Terms of Service).Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
24. FORCE MAJEURE :
We shall not be held liable for any of Our obligations under the Buyer’s
Agreement due to reasons beyond our control such as down time of servers,
viruses, strikes, technical snags, system compatibility, natural calamities,
acts of war, terror etc. You agree not to hold Us liable for any delay or
adverse effect caused due to the occurrence of such an event.
25. CHANGES TO TERMS OF SERVICE :
You can review the most current version of the Terms of Service at any time at
this page. We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and changes to our
Platform. It is Your responsibility to check our Platform periodically for
changes. Your continued use of or access to our Platform or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
26. CONTACT INFORMATION :
For any queries about Terms of Service, you can mail us on