Terms & Conditions
OVERVIEW
This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
This website www.buyofuel.com (referred to as “Website”) and the mobile application available from the google play store and the apple app store (“Mobile App”)is a property of and operated by Buyo India Private Limited, a private limited company registered under the Companies Act, 2013 and having its registered office at No.18, Thottarayan Kovil Street, Kovaipudur, Coimbatore-641042, Tamil Nadu, India (the “Company” or “Buyofuel”). By accessing any version of the Website and/or the Mobile App (“Platform”) or by using any facilities or services made available through it or by transacting through or on it, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions (“Terms & Conditions” or “Terms”) and our Privacy Policy (“Privacy Policy”). Your continued use of the Website and/or the Mobile App shall be constituted as your acceptance to the Terms & Conditions. For the purpose of these Terms & Conditions, “we” “our” or “us” shall mean the Buyo India Private Limited and / or third-party service providers engaged by Buyo India Private Limited and “you” “your” or “user” shall mean a user of this Website and/or the Mobile App.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE AND/OR THE MOBILE APP. BY ACCESSING OR USING ANY PART OF THE WEBSITE AND/OR THE MOBILE APP, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET OUT HEREIN, THEN YOU MAY NOT ACCESS THE PLATFORM OR USE IT.
1. DEFINITIONS
“Confidential Information” shall mean any and all materials, Goods, drafts and information, in whatever form or medium, and whether proprietary or non- proprietary, relating to any user(s), its affiliates, holding company and subsidiaries, furnished or caused to be furnished by the user and/or the Company to another user and/or it’s representatives in connection with the business, including without limitation: (a) any non-public information and data; and (b) any technical, commercial, operational, financial, accounting, legal and administrative information, and any notes, analyses, compilations, studies, forecasts, interpretations, memoranda, summaries and other materials which contain, reflect or are based upon, in whole or in part, any of such information; regardless of whether such information is communicated physically, orally, in writing, pictorially, by electronic transmission or otherwise.
“Purchaser” shall mean those user(s) who has created an Account on the Website and/or the Mobile App as a buyer and seeks to buy any of the Goods(s) for the Company.
“GST” shall mean the goods and services tax.
“Seller” shall mean those user(s) who has created an Account on the Website and/or the Mobile App as a seller and seeks to sell any of the Goods(s) to the Company or the Purchases using the Platform.
“user” or “you” or “your” shall mean any person or entity who is a visitor on the Website and/or the Mobile App and/or his/her representatives or affiliates who are registered on the Website and/or the Mobile App.
2. MODIFICATIONS / UPDATES TO TERMS & CONDITIONS
a. We reserve the right to update or modify these Terms & Conditions including but not limited to suspend/cancel or discontinue the Platform or any part thereof at any time without notice, make modifications and alterations in any or all of the content, Goods, and services contained on the Website and/or the Mobile App without prior notice.
b. You are responsible for regularly reviewing these Terms & Conditions so that you will be apprised of any changes. You will be deemed to have accepted such changes if you continue to access the Website and/or the Mobile App subsequent to such changes.
c. Your access and use of the Website and/or the Mobile App following any such change constitutes your agreement to follow and be bound by these Terms & Conditions, as updated or modified. For this reason, we encourage you to review these Terms & Conditions each time you access and use the Website and/or the Mobile App.
3. ELIGIBILITY
a. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms & Conditions. You shall not access and use the Website and/or the Mobile App if you are not competent to contract under the applicable laws, rules and regulations.
b. Registration of user on the Website and/or the Mobile App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Website and/or the Mobile App. By accessing this Website and/or the Mobile App, it is deemed that the user has read and understood and accepted these Terms.
c. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Website and/or the Mobile App and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as may require in connection therewith.
4. YOUR ACCOUNT & REGISTRATION
a. Any user wishing to avail our Services shall mandatorily register on the Website and/or the Mobile App. For registration on the Website and/or the Mobile App, the user must be at least eighteen (18) years of age and shall not be in-eligible as per the eligibility criteria laid down in Clause 3 hereinabove. By using our Services, you represent and warrant that you are eighteen (18) years or older. Anyone below 18 years of age is assumed to be minor and required parental consent to use the Website and/or the Mobile App.
b. In order to use the Platform and/or access any of our Services, you have to create an account on our Website and/or the Mobile App (“Account”), you shall provide true and accurate information while creating your Account. The information collected while creating your Account will be governed by our Privacy Policy. You are responsible for maintaining the confidentiality of the passcode and your Account and are fully responsible for all activities that occur under your passcode or Account. You agree to: (a) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; (b) ensure that you exit from your Account at the end of each session; and (c) not use the Account or log in with the username and password of another user of the Website and/or the Mobile App if (i) you are not authorized to use both or (ii) the use would violate the Terms. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
c. You can create an Account by using (a) your email address, (b) your phone number, or (c) your google account. Post entering your details (email address/phone number/social media account) on the Website and/or the Mobile App, one-time verification shall be conducted by the Company. Please note that the phone number provided by you shall be used for one time verification purposes. Post such verification the Account shall be created.
d. In the event, you choose to avail any of the Services on the Website and/or the Mobile App, you are required to register on the Website and/or the Mobile App by providing information(s) as being sought by the Website and/or the Mobile App. You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials.
e. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the contact information provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company.
f. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms & Conditions are violated or if we decide, in our sole discretion, that it would be in Buyofuel’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website and/or the Mobile App. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
g. Seller Account Verification: The Seller shall be required to submit all valid identity proof to the Company while registering as a seller on the Platform. We will verify the identity proof and at our sole discretion approve or disapprove the registration of the Seller. If we find any issue with any part or whole of the identity proof documents submitted, we will intimate the Seller as to such issue and shall give the Seller a reasonable chance to rectify the same within a period of 15 (fifteen) days. Upon due rectification, we will approve the registration of the Seller and the Seller shall be eligible to list the Good(s) on the Platform. In the event no such rectification is made within 15 (fifteen) days, we may, at our sole discretion, terminate the Seller’s account and otherwise prohibit the Seller from transacting on the Platform in any manner whatsoever. The Seller agrees to indemnify the Company against any loss arising out of or in connection with such termination/prohibition.
5. TERMS APPLICABLE TO THE PURCHASE OF THE GOODS
The following terms shall be applicable to the purchase of the Goods by the Purchaser from the Company:
(ⅰ) Goods Information
Buyofuel attempts to be as accurate as possible in the description of the Goods on the Platform. However, Buyofuel does not warrant that the Goods description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Website and/or the Mobile App may contain typographical errors or inaccuracies and may not be complete or current. The Goods pictures are indicative and may not match the actual Goods.
Buyofuel reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the Goods or services.
(ⅱ) Platform Availability
a. We may suspend the Website and/or the Mobile App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
b. We reserve the right to make any changes to the Website and/or the Mobile App or to discontinue any aspect or feature of the Website and/or the Mobile App without notice.
c. In the event that we, in our sole discretion, consider that you are making any illegal and/or unauthorized use of the Website and/or the Mobile App, and/or your use of the Website and/or the Mobile App is in breach of these Terms, we reserve the right to take any action that it deems necessary, including terminating your use of the Website and/or the Mobile App without notice and, in the case of illegal use, instigating legal proceedings.
(ⅲ) Platform Availability
a. A final and binding contract has been concluded between you and Seller and/or us, as applicable, when your order has been confirmed by us.
b. We will send an order confirmation to you by email or whatsapp when the order has been confirmed and shipped. The order receipt received immediately after placing the order does not constitute an order confirmation.
c. Once we receive payment from you, we will send you an email confirming the receipt of your payment and also confirm the dispatch of your order.
d. We have the right to cancel any order and refund your payment any time before the dispatch of an order due to non-availability of Goods or otherwise.
e. Shipping and delivery of the orders placed by you shall be as per the terms and conditions mentioned herein.
f. Cancellation of any order by you and the subsequent refund, if any, shall be as per the terms and conditions mentioned in this Terms & Conditions.
(ⅳ) Cancellation, Return and Refunds
a. Cancellation: The Buyer can cancel their Order before the Order has been accepted by the Seller and/or the Company, as the case maybe. Once the Order has been accepted by the Seller and/or the Company, the Buyer will not be allowed to cancel the order placed by them on the Website and/or the Mobile App.
b. Return and Refund: The Buyer may raise a request on the Platform for the return of the Good(s) and refund of the purchase consideration, within 24 hours from receipt of the Good(s) by the Buyer, in the following circumstances (“Return Request”):
(ⅰ) If the Good(s) delivered are damaged or defective; or
(ⅰⅰ) The Good(s) delivered do not match the description or specifications mentioned on the listing page on the Platform;
Provided that if the Buyer has unloaded the Good(s), then the Buyer shall not be entitled to raise a Return Request for return of the Goods.
(ⅰ) If the Good(s) delivered are damaged or defective; or
(ⅰⅰ) The Good(s) delivered do not match the description or specifications mentioned on the listing page on the Platform;
Provided that if the Buyer has unloaded the Good(s), then the Buyer shall not be entitled to raise a Return Request for return of the Goods.
The acceptance of the Return Request and subsequent refund of payment consideration to the Buyer shall be subjected to investigation by the Company. In the event, the Company, in its sole discretion, believes that the Order is eligible for return as per the terms of this T&C, then the Company may accept the Return Request and the Service Provider shall be required to return the consideration received in respect of such Order to the Buyer.
Provided that any Return Request and refund request received from the Buyer shall not be processed unless the Seller agrees to provide refund of the purchase consideration to the Buyer. In any case, the refund shall not include refund of the Service Fees attributable to the Company. The Buyer agrees and acknowledges that the Company has no liability whatsoever to provide any refund to the Buyer.
(ⅴ) Prices
a. All prices listed on our Website and/or the Mobile App are subject to change, but the changes will not affect orders that have already been accepted by us.
b. The prices on our Website and/or the Mobile App exclude GST and shipping costs, as applicable, which will be added during checkout.
c. The prices of our Goods have been computed carefully and listed on our Website and/or the Mobile App. However, due to unintentional errors, if the Goods purchased by you has been incorrectly priced, we will notify you via email or phone before accepting your order for instructions. You will then have the option to cancel your order if you desire or pay the difference.
(ⅵ) Payment
a. You can complete the payment via any of the payment methods listed on the Website and/or the Mobile App including but not limited to debit card, credit card, UPI etc.
b. We reserve the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.
c. In a credit card transaction, you must use your own credit card. We accept all major credit and debit cards. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
(ⅶ) Goods or Services
a. Certain Goods or services may be available exclusively online through the Website and/or the Mobile App. These Goods or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
b. We have made every effort to display as accurately as possible the colours and images of our Goods that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
c. We reserve the right, but are not obligated, to limit the sales of our Goods or 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 Goods or services that we offer. All descriptions of Goods or Goods pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Goods at any time. Any offer for any Goods or service made on this site is void where prohibited.
d. We do not warrant that the quality of any Goods, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
(ⅷ) Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
6. TERMS APPLICABLE TO THE SELL OF THE GOODS TO THE BUYER
These following terms shall govern the purchase of the Goods by the Buyer from the Seller:
(ⅰ) Marketplace
We provide a marketplace platform that allows the Seller to list their Good(s) on the Platform and the Buyers to purchase Good(s) from the Platform.
(ⅱ) Orders
a. The Buyers shall place order for the Goods on the Platform (“Order”). The Seller shall, within 24 hours of receipt of the Order(s), either (a) electronically convey an Order confirmation to the Company which shall constitute acceptance of the Order or (b) otherwise advise the Company if the Good(s) is on backorder or unavailable.
b. Further, the Seller shall, on or before the agreed date of delivery for the Order, confirm to the Company that it has shipped the Good(s) to the Buyer and shall provide with information necessary for the Company to track such shipment. The Seller is responsible for ensuring that the Order has been delivered to the Buyer on or before the agreed delivery date for the Order.
(ⅲ) Packaging And Delivery
a. The Seller shall package the Good(s) ordered by the Buyer(s) in a manner reasonably designed to prevent damage to such Good(s).
b. The format of packaging shall be as per the directions of the Company.
(ⅳ) Delivery
a. All the Good(s), pursuant to the Order(s), shall be directly delivered by the Supplier, on behalf of the Company, to the Buyer(s) at such address and in such manner provided by the Company to the Seller.
b. The Seller covenants that it shall deliver all the Good(s) as per the specifications mentioned in the Order and that the Good(s) shall be of the optimal quality.
c. In the event, the Company has provided the wrong address to the Seller, the Seller shall not be liable for any such extra costs incurred from re-delivering of the Good(s) at the correct address.
d. Further, the Company agrees that the title of the Good(s) shall only be transferred from the Seller to the Buyer upon delivery of the Good(s) to the Buyer.
(ⅴ) Prices
In the event, (a) a defective, damaged and/or below standard Good(s) is/ are delivered to the Buyer(s) by the Seller, or (b) an incorrect Good(s) is/ are delivered to the Buyer by the Seller, then the Seller, as directed by the Company, shall facilitate a return of the correct Good(s) and/or a refund of payment consideration, as may be requested by the Buyer, to the Buyer.
(ⅵ) Payment Mechanism And Our Fees
a. Payment Mechanism: Upon Seller and Buyer agreeing to engage with the Company for (a) sell / purchase of any listed Good(s) on the Platform, and (b) upon successful placement of Order of Good(s) from the Platform, the Buyer is required to make payment the of the payment consideration for the said Order, as per the payment terms mutually agreed between the parties, though the payment gateway provided by the Company on the Platform.
b. The payment consideration for the Order shall, after deduction of a service fee charged by the Company, in amounts as mutually discussed between the Parties (“Service Fee”), be transferred to the Seller’s bank account. Provided that the payment consideration, after deduction of the Service Fee, will be transferred to the Seller’s bank account after the Company has received confirmation for the receipt of the Goods from the Buyer.
c. Our fees: The Company does not charge any fees to the Buyer for their Services; however, the Company charges a transaction commission to the Seller for an amount not less than 1% and not more than 5 % of the sales plus GST at applicable rate.
(ⅶ) Representation & Warranties
The Seller represents and warrants that:
a. the Goods: (i) are genuine, defect-free and have requisite manufacturer warranty (ii) are as per the specifications of the Purchase Order/samples; (iii) and all constituents thereof are new and not refurbished or reconditioned, unless otherwise agreed in writing; (iv) are not counterfeit, adulterated or misbranded; (v) or the sale thereof does not violate, infringe upon or misappropriate any third party intellectual property rights; (vi) and the manufacturing, assembling, packaging or sale thereof, is compliant with all Laws; (vii) have a clear and marketable title and are free from all kinds of encumbrances (except as specifically disclosed by the Seller and agreed by the Company in writing).
b. the Seller: (i) is duly incorporated or validly formed (as applicable), and existing under the Laws; (ii) has the full authority and has taken all necessary approvals (corporate, statutory or otherwise) to enter into and to perform its obligations under this Agreement; (iii) entering into and performing its obligations under this Agreement do not violate or conflict with any applicable laws, its constitutional documents, any other agreements it is or or may be bound.
c. the Seller represents and warrants that it currently and for the of this Agreement possess all valid licenses, certifications, and accreditations required to perform and deliver Goods to any location where its Goods are distributed.
d. the Seller has an authorized business establishment and holds all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into these Terms and Conditions with the Company. It is the Seller’s sole responsibility to ensure compliance with every applicable law that may require any kind of compliance.
e. the Seller has adequate rights under relevant laws, including but not limited to various laws relating to intellectual property, to enter into these Terms and Conditions with the Company and perform the obligations contained herein and that it has not violated or infringed any intellectual property rights of any third party.
f. the Seller shall offer a manufacturer warranty and indemnify the Company against all claims relating to deficiency in Goods.
g. The description along with key words of the Goods shall be done by way of text descriptions, images or videos and shared with the Company on a timely basis. The Seller agrees not to provide any such description/information regarding the Goods, which amounts to misrepresentation to the Purchaser/customer. The Company does not accept responsibility for any liability in respect of the accuracy of Goods description provided.
h. the Seller warrants that the Goods correspond with the description in the Purchase Order and any applicable specifications; are new (unless otherwise indicated in the Purchase Order), of good and merchantable quality and fit for any purpose held out by the Seller, or made known to the Seller by the Company expressly or by implication, and in this respect, the Company relies on the Seller’s skill and judgment.
i. the Seller warrants that it sells the Goods to the Company free from all liens and encumbrances and with full title guarantee unless otherwise expressly stated in the Purchase Order.
j. the Seller warrants that use of the Goods by the Seller does not and will not give rise to any infringement or misappropriation of any intellectual property rights of any third party.
k. the Seller shall be responsible for ensuring all inspections and testing of the Goods is properly and adequately performed. The Goods shall be subject to final inspection and acceptance or rejection by the Company upon arrival at their destination as specified in the Purchase Order. If the following inspection or testing the Company considers that the Goods do not confirm or are unlikely to comply with the Seller’s obligations under this Clause, the Company shall inform the Seller, and the Seller shall immediately take the necessary remedial action to ensure compliance.
l. the Seller shall ensure that the Goods are properly packed and secured in such a manner as to enable them to reach their destination in good condition, and the Seller shall have the option to repackage the Goods in order to fulfil shipping requirements. Unless the Company has arranged for pick up of the Goods, the Seller shall deliver the Goods to the Company during the Company’s usual business hours or those otherwise agreed with the Seller.
m. the Seller warrants that it will comply with applicable laws and regulations in supplying the Goods, including without limitation import, export, environmental and data privacy laws and regulations, and any Goods or data sent to Company shall (a) contain no hidden files; (b) not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides; (c) contain no key, node lock, time-out, scrambling device, or other function, whether implemented by electronic, mechanical or other means, which restricts or may restrict use or access to any programs or data; and (d) not contain harmful codes.
n. any third-party Goods sold by the Seller may carry their own warranties and value-added services, and the Seller shall pass through to Company any and all such warranties and the value-added services to the fullest extent. Exercise of such warranty shall be directly between the Seller and the third-party provider.
o. The Seller shall not sell the Goods including but not limited on its own website at a quoted price lesser than the price listed on the Company’s Platform.
p. All Goods supplied by the Seller under shall have, at the time of delivery, the longest remaining possible shelf-life and the latest possible expiration dates.
q. the Seller will cooperate with the Company in any reasonable arrangements to provide the Company with the benefit of such warranties mentioned in this Clause.
r. there are no proceedings pending, which may have a material adverse effect on their ability to perform and meet their obligations;
s. there are no proceedings pending, which mat all times during the continuance of this Agreement, the Company shall have the right to remove/block/delete any text, graphic, image(s) previously uploaded to promote the Goods of the Seller in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of these Terms & Conditions.
t. the Company reserves the right to provide and display appropriate disclaimers and terms of use on the Company’s Platform.
7. TERMS APPLICABLE TO THE SELL OF THE GOODS TO THE COMPANY
These following terms shall govern the purchase of the Goods by the Company from the Seller:
(ⅰ) Purchase Order
a. The Seller shall share a list of Goods along with the relevant prices with the Company. The Seller shall supply to the Company the Goods of such nature, description of which shall be specified in the relevant purchase orders placed by the Company (“Purchase Order”) from the catalogue through the Platform or through any other mode.
b. Each Purchase Order is a distinct and separate obligation, and the Seller will not substitute or sub-delegate the furnishing of Goods or combine Purchase Orders without the Company’s consent. The payment for each Purchase Order shall be made as per terms mutually agreed by the Parties.
c. The Seller would charge, and the Company, will pay applicable taxes including GST as may be leviable, provided that such taxes are explicitly stated separately on the original invoice that the Seller issues to the Company and that such invoice is a valid tax invoice as prescribed under the Applicable Law and such Invoice is issued as per the procedure and format communicated by the Company from time to time. The Seller agrees to provide the Purchaser with such other documents in relation to the applicability and payment of the aforesaid taxes along with the invoice as may be required by the Company for claiming tax credits. If at any time the credit for taxes under the Applicable Law is denied to the Company or payment is demanded by statutory authorities due to reasons including but not limited to a deficient invoice, incorrect reporting of transactions, inadequate documents, the Invoice or other tax documents does not satisfy the requirement under the Applicable Law, any other reason attributable to the Seller, the Seller agrees and undertakes to defend, indemnify and hold the Company harmless against any denied tax credits as well as any interest, penalties and all other charges/ expenses imposed on the Company as a result of claiming such tax credit.
d. The property or title to and risk in the Goods shall remain with the Seller until they are delivered at the location specified in the Purchase Order and accepted by the Company by signing a delivery order or until they are picked up by the Company from the location specified by the Seller. Passing of property or title to the Goods shall not affect the right to reject the Goods.
e. The Seller agrees to provide to the Company the necessary documentation, such as permanent account number (PAN) or any other document as may be required by the Company. The Seller shall maintain registration under the applicable tax laws during the continuity of their relationship with the Company, if the Seller’s registration under any tax laws is cancelled, suspended, withdrawn, or surrendered during such time, then the Seller shall intimate the Company immediately.
(ⅱ) Scope of Work
a. The Seller agrees to provide services to the Company under and in accordance with these Terms & Conditions.
b. The Parties have agreed to enter into this Terms & Conditions, whereby the Seller has agreed to sell, and the Company has agreed to purchase the Goods as per and subject to the terms and conditions of this Terms & Conditions. The Seller shall design, manufacture and deliver the Goods and shall also guarantee and warrant the Goods in accordance with the warranty contained hereunder.
c. The Company reserves the right, from time to time during the term of this Terms & Conditions, to expand, supplement, modify, or reduce the Scope of Work upon written notice to the Seller.
(ⅲ) Rejections & Returns
The Company may, within a period of seven (7) working days from the date of delivery of the Goods (“Return Period”), return the Goods supplied to the Partner. Further, if there is any defect in Goods supplied or if the Goods does not match the specifications, then the Company shall be entitled to return such Goods even after the expiry of the Return Period.
(ⅳ) Representation & Warranties
The Seller represents and warrants that:
a. the Goods: (i) are genuine, defect-free and have requisite manufacturer warranty (ii) are as per the specifications of the Purchase Order/samples; (iii) and all constituents thereof are new and not refurbished or reconditioned, unless otherwise agreed in writing; (iv) are not counterfeit, adulterated or misbranded; (v) or the sale thereof does not violate, infringe upon or misappropriate any third party intellectual property rights; (vi) and the manufacturing, assembling, packaging or sale thereof, is compliant with all Laws; (vii) have a clear and marketable title and are free from all kinds of encumbrances (except as specifically disclosed by the Seller and agreed by the Company in writing).
b. the Seller: (i) is duly incorporated or validly formed (as applicable), and existing under the Laws; (ii) has the full authority and has taken all necessary approvals (corporate, statutory or otherwise) to enter into and to perform its obligations under this Agreement; (iii) entering into and performing its obligations under this Agreement do not violate or conflict with any applicable laws, its constitutional documents, any other agreements it is or or may be bound.
c. the Seller represents and warrants that it currently and for the of this Agreement possess all valid licenses, certifications, and accreditations required to perform and deliver Goods to any location where its Goods are distributed.
d. the Seller has an authorized business establishment and holds all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into these Terms and Conditions with the Company. It is the Seller’s sole responsibility to ensure compliance with every applicable law that may require any kind of compliance.
e. the Seller has adequate rights under relevant laws, including but not limited to various laws relating to intellectual property, to enter into these Terms and Conditions with the Company and perform the obligations contained herein and that it has not violated or infringed any intellectual property rights of any third party.
f. the Seller shall offer a manufacturer warranty and indemnify the Company against all claims relating to deficiency in Goods.
g. The description along with key words of the Goods shall be done by way of text descriptions, images or videos and shared with the Company on a timely basis. The Seller agrees not to provide any such description/information regarding the Goods, which amounts to misrepresentation to the Purchaser/customer. The Company does not accept responsibility for any liability in respect of the accuracy of Goods description provided.
h. the Seller warrants that the Goods correspond with the description in the Purchase Order and any applicable specifications; are new (unless otherwise indicated in the Purchase Order), of good and merchantable quality and fit for any purpose held out by the Seller, or made known to the Seller by the Company expressly or by implication, and in this respect, the Company relies on the Seller’s skill and judgment.
i. the Seller warrants that it sells the Goods to the Company free from all liens and encumbrances and with full title guarantee unless otherwise expressly stated in the Purchase Order.
j. the Seller warrants that use of the Goods by the Seller does not and will not give rise to any infringement or misappropriation of any intellectual property rights of any third party.
k. the Seller shall be responsible for ensuring all inspections and testing of the Goods is properly and adequately performed. The Goods shall be subject to final inspection and acceptance or rejection by the Company upon arrival at their destination as specified in the Purchase Order. If the following inspection or testing the Company considers that the Goods do not confirm or are unlikely to comply with the Seller’s obligations under this Clause, the Company shall inform the Seller, and the Seller shall immediately take the necessary remedial action to ensure compliance.
l. the Seller shall ensure that the Goods are properly packed and secured in such a manner as to enable them to reach their destination in good condition, and the Seller shall have the option to repackage the Goods in order to fulfill shipping requirements. Unless the Company has arranged for pick up of the Goods, the Seller shall deliver the Goods to the Company during the Company’s usual business hours or those otherwise agreed with the Seller.
m. the Seller warrants that it will comply with applicable laws and regulations in supplying the Goods, including without limitation import, export, environmental and data privacy laws and regulations, and any Goods or data sent to Company shall (a) contain no hidden files; (b) not alter, damage, or erase any data or computer programs without control of a person operating the computing equipment on which it resides; (c) contain no key, node lock, time-out, scrambling device, or other function, whether implemented by electronic, mechanical or other means, which restricts or may restrict use or access to any programs or data; and (d) not contain harmful codes.
n. any third-party Goods sold by the Seller may carry their own warranties and value-added services, and the Seller shall pass through to Company any and all such warranties and the value-added services to the fullest extent. Exercise of such warranty shall be directly between the Seller and the third-party provider.
o. The Seller shall not sell the Goods including but not limited on its own website at a quoted price lesser than the price listed on the Company’s Platform.
p. All Goods supplied by the Seller under shall have, at the time of delivery, the longest remaining possible shelf-life and the latest possible expiration dates.
q. he Seller will cooperate with the Company in any reasonable arrangements to provide the Company with the benefit of such warranties mentioned in this Clause.
r. there are no proceedings pending, which may have a material adverse effect on their ability to perform and meet their obligations;
s. at all times during the continuance of this Agreement, the Company shall have the right to remove/block/delete any text, graphic, image(s) previously uploaded to promote the Goods of the Seller in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of these Terms & Conditions.
t. the Company reserves the right to provide and display appropriate disclaimers and terms of use on the Company’s Platform.
(ⅴ) Covenants and Undertakings
Seller agrees and undertakes to:
a. furnish all documents as may be requested by the Company to evidence its compliance with any of the foregoing representations and warranties.
b. notify the Company in writing of the details of any change in the maximum retail Price (“MRP”) of any of its Goods at least 7 (seven) days in advance before implementing such change.
c. acknowledge that the Company retains the right to choose the Goods that may be included by the Company for the selling.
d. be solely responsible for the quality, quantity, merchantability, guarantee, and warranties in respect of the Goods.
e. tensure that the Goods dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Seller to the customer.
f. ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to the intellectual property rights of any third party.
g. the Seller shall be liable to transfer the rights of any marketing/advertising/promotional content that the Seller creates to the Company to publish and showcase on its Platform for no additional fees. The Seller shall also pass any value-added services and promotional services adopted by them to the Company as well as the end-user.
h. in the event that the Goods(s) are banned/prohibited due to any reason, the Seller shall immediately update the Company by means of a written notice.
i. to not hold liable or responsible the Company, for any loss, injury or damage to the Seller, or any other party whomsoever, arising on account of any transaction under these Terms & Conditions or as a result of the Goods being in any way damaged, defective, in unfit condition, infringing/ violating any laws / regulations within 7 (seven) business days prior to making the revision.
(ⅵ) Indemnification
a. The Seller shall defend, indemnify and hold the Company, its Affiliates, and their respective officers, directors, employees, and agents harmless against any claim, loss, damage, settlement, cost, expense or other liability (including attorney’s fees) that arises, directly or indirectly, from any manufacturing defect in or breach of warranties in relation to the Goods; (ii) any Goods recall; (iii) any infringement or misappropriation of any proprietary and/or third-party intellectual property right by Goods or the Materials which the Seller (or a third party at Seller’s direction) provide. to the Purchaser; (d) negligence, strict liability or intentional misconduct by the Brand or its employees, contractors or agents; and (e) The Seller’s breach of these Terms & Conditions, the Purchase Order, or the applicable laws.
b. Neither Party shall be liable to the other Party for any consequential, special, punitive, or indirect damages, including lost opportunities even if such Party has been advised of the possibility of such costs damages.
7. TERMS APPLICABLE TO THE SELL OF THE GOODS TO THE COMPANY
a. All of the content on the Website and/or the Mobile App, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names (“Website Content”), constitute our and our licensors’ intellectual property and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
b. You may access the Website and/or the Mobile App, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided hereinafter.
c. We and our licensors, if any, are the sole owners of the underlying software and source code associated with the Website and/or the Mobile App and all the trademarks, copyright and any other intellectual property rights of any nature on the Website and/or the Mobile App.
8. INTELLECTUAL PROPERTY
a. All of the content on the Website and/or the Mobile App, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names (“Website Content”), constitute our and our licensors’ intellectual property and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
b. You may access the Website and/or the Mobile App, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided hereinafter.
c. We and our licensors, if any, are the sole owners of the underlying software and source code associated with the Website and/or the Mobile App and all the trademarks, copyright and any other intellectual property rights of any nature on the Website and/or the Mobile App.
9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
a. We are not responsible if information made available on this Website and/or the Mobile App is not accurate, complete or current. The material on this Website and/or the Mobile App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website and/or the Mobile App is at your own risk.
b. This Website and/or the Mobile App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website and/or the Mobile App at any time, but we have no obligation to update any information on our Website and/or the Mobile App. You agree that it is your responsibility to monitor changes to our Website and/or the Mobile App.
c. Occasionally there may be information on our Website and/or the Mobile App or in the Terms & Conditions that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on the Website and/or the Mobile App is inaccurate at any time without prior notice.
10. THIRD-PARTY LINKS
a. We do not intend that links / URLs contained on this Website and/or the Mobile App redirecting you to third party websites be considered as referrals to, endorsements of, or affiliations with any such third-party website operators. We are not responsible for, and make no representations or warranties, express or implied, about the content or information contained on such third-party websites to which links may be provided on this Website and/or the Mobile App. You agree that you access any such third-party sites at your own risk and shall solely bear all consequences associated with your access to, and use of, such third-party websites. Such third-party sites may have separate terms and conditions and privacy policies which are independent of our Terms and therefore, please read such third party terms before you access any such third party site.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a. 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
b. You agree and acknowledge that posting of reviews and feedback on the Website and/or the Mobile App is beneficial for all the users, thus you specifically request that Buyofuel post reviews and feedback about users, including yourself, on user profiles and elsewhere on the Website and/or the Mobile App. You agree that Buyofuel shall post the reviews and feedback on the Website and/or the Mobile App and the same shall be available to other user(s). Buyofuel does not monitor, influence, contribute to or censor the reviews and feedback of user(s) and shall not be responsible for any such review or feedback posted by any user(s). Further, you agree and acknowledge that you shall only post relevant and truthful reviews and feedback on the Website and/or the Mobile App, posting of any malicious review may lead to suspension of your account.
c. Buyofuel does not generally investigate any remarks posted by users or other content posted by the user for accuracy or reliability and does not guarantee that content or feedback posted by the user is accurate. You are solely responsible for content and feedback posted by you, including the accuracy of any content, and are solely responsible for any legal action that may be instituted by other users or third parties as a result of or in connection with content posted by the user. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
d. 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 libellous 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 website. 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.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
b. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
c. 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.
d. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service delivered to you through the Website and/or the Mobile App are (except as expressly stated by us) provided ‘as is’ 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.
e. You agree that neither Buyo India Private Limited nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the Goods or/and for cost of procurement of substitute goods or/and Services or resulting from any goods or/and data or/and information or/and Services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the Service or/and resulting from unauthorized access to or/and alteration of your transmissions or/and data or/and arising from any other matter relating to the Goods/Service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Buyo India Private Limited has not been advised of the possibility of such damages.
f. You further agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Website and/or the Mobile App or any of our Service(s), including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
g. You agree that we shall not be responsible or liable to you, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall our total liability to you for all damages or/and losses or/and causes of action shall exceed the amount paid by you to us, if any, that is related to the cause of action.
h. You represent and warrant to us that (a) all the information provided by you is true and accurate and the you have not provided any false, misleading, or deceptive information or have not omitted any material facts, (b) you are legally competent to enter into these Terms and to take all actions required pursuant hereto, and (c) you conduct and work in relation to any Gig(s) do not violate (i) any right(s) of the third party (including but not limited to the intellectual property rights), and (ii) any applicable laws or regulations.
13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Website and/or the Mobile App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Website and/or the Mobile App or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or the Website and/or the Mobile App for violating any of the prohibited uses. Some other prohibited activities are gambling, get rich quick schemes, video game or virtual world credits, money exchange services, virtual currency buy /sell / exchange, remittance payments etc.
14. ABUSIVE USE OF WEBSITE
Buyofuel retains the right to cap, suspend, or terminate our Service(s) and or user account(s), suspend or prohibit access to our Services, delete any content, and take any and all technical or legal action to restrict users to the fullest degree possible, without restricting any other remedies.
The instance that may cause the aforementioned actions without limiting the instances or reasons:
a. infringement of Intellectual property rights of third parties
b. inappropriate or unreasonable communication or any actions of abuse towards the staff member
c. infringing the intellectual property rights of third parties
d. any attempt to use Buyofuel’s platform or Services for any objectionable purpose.
e. use of our Services for any illegitimate or non bona fide purpose
f. failing to be consistent with letter or spirit of these Terms and our policies
15. RIGHT TO REFUSE SERVICE
Under the circumstances mentioned below we may limit, suspend or close your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
a. if we determine that you have breached, or are acting in breach of Terms & Conditions;
b. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
c. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
d. you do not complete account verification when requested within 1(one) month of the date of request;
e. use of the Website and/or the Mobile App in a manner inconsistent with its intended use or as expressly prohibited activities
f. to manage any risk of loss to us, a user, or any other person; or
g. for other reasons.
16. GENERAL
a. Personal Information
Your submission of personal information through the Website and/or the Mobile App is governed by our Privacy Policy. To view our Privacy Policy.
Your submission of personal information through the Website and/or the Mobile App is governed by our Privacy Policy. To view our Privacy Policy.
b. Entire Agreement
These Terms & Conditions constitute the sole record of the agreement between you and us in relation to your use of the Website and/or the Mobile App. Neither you nor we shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms & Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Website and/or the Mobile App.
These Terms & Conditions constitute the sole record of the agreement between you and us in relation to your use of the Website and/or the Mobile App. Neither you nor we shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms & Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Website and/or the Mobile App.
c. Waiver
No indulgence or extension of time which either we may grant to you constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that we have signed a written document expressly waiving or limiting such rights.
No indulgence or extension of time which either we may grant to you constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that we have signed a written document expressly waiving or limiting such rights.
d. Cession
We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms & Conditions, policies and notices to any third party.
We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms & Conditions, policies and notices to any third party.
e. Indemnification
You agree to indemnify, defend and hold harmless Buyo India Private Limited 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 & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a user or any third-party.
You agree to indemnify, defend and hold harmless Buyo India Private Limited 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 & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a user or any third-party.
f. Limited Liability
IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; (IV) YOUR USE OF OR YOUR INABILITY TO USE OUR PLATFORM OR SERVICES; (V) DELAYS OR DISRUPTIONS IN OUR PLATFORM OR SERVICES; (VI) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, OR LINKING TO, OUR PLATFORM OR SERVICES; (VII) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR PLATFORM OR SERVICES; (VIII) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE PLATFORM OR SERVICES; (IX) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES’ USE OF THE PLATFORM OR SERVICES; (X) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (XI) YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF GIG POSTINGS, PROFILES, RATINGS, RECOMMENDATIONS, AND FEEDBACK (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), USER INFORMATION, OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE AND/OR THE MOBILE APP; (XII) YOUR NEED TO MODIFY PRACTICES, CONTENT, OR BEHAVIOUR OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THE TERMS & CONDITIONS; OR (XIII) FOR ANY AMOUNTS THAT EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS IN RESPECT OF THE GIG OR SERVICE UNDER DISPUTE OR THE AMOUNT PAID TO US IN RESPECT OF THE USAGE FOR PAST 6 (SIX) MONTHS WHICHEVER IS LOWER. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; (IV) YOUR USE OF OR YOUR INABILITY TO USE OUR PLATFORM OR SERVICES; (V) DELAYS OR DISRUPTIONS IN OUR PLATFORM OR SERVICES; (VI) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, OR LINKING TO, OUR PLATFORM OR SERVICES; (VII) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR PLATFORM OR SERVICES; (VIII) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE PLATFORM OR SERVICES; (IX) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES’ USE OF THE PLATFORM OR SERVICES; (X) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (XI) YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF GIG POSTINGS, PROFILES, RATINGS, RECOMMENDATIONS, AND FEEDBACK (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), USER INFORMATION, OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE AND/OR THE MOBILE APP; (XII) YOUR NEED TO MODIFY PRACTICES, CONTENT, OR BEHAVIOUR OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THE TERMS & CONDITIONS; OR (XIII) FOR ANY AMOUNTS THAT EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS IN RESPECT OF THE GIG OR SERVICE UNDER DISPUTE OR THE AMOUNT PAID TO US IN RESPECT OF THE USAGE FOR PAST 6 (SIX) MONTHS WHICHEVER IS LOWER. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
g. Severability
In the event that any provision of these Terms & Conditions 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 & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that any provision of these Terms & Conditions 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 & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
h. Termination
(ⅰ) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms & Conditions for all purposes.
(ⅱ) These Terms & Conditions are effective unless and until terminated by either you or us.
(ⅲ) You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Website and/or the Mobile App, or when you cease using our Website and/or the Mobile App.
(ⅳ) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate these Terms & Conditions 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 Website and/or the Mobile App (or any part thereof).
i. Arbitration
Any disputes arising in connection with the Website and/or the Mobile App, or Terms & Conditions or any matter related to or in connection therewith between the user and the Company shall be settled by binding arbitration, by a single arbitrator appointed mutually by the Company and the user in accordance with the Indian Arbitration Act, 1966 (as amended). The seat of arbitration shall be Coimbatore, India and the proceedings of the arbitration shall be conducted in English
j. Non-Circumvention
Our Website and/or our Mobile App provides a platform for the Buyer and Seller to purchase/sell the Goods. The Buyer and the Seller agrees to not directly or indirectly attempt to circumvent, avoid or bypass the intent of these Terms, in connection with any transaction of Goods or enter into a transaction involving any probable transaction for purchase/sell of Goods/Services directly with the Seller/Buyer, as applicable. You agree to notify us immediately if a person suggests to you making or receiving payments other than through the Website and/or the Mobile App in violation of these Terms or if you receive unsolicited contact outside of the Website and/or the Mobile App.
Our Website and/or our Mobile App provides a platform for the Buyer and Seller to purchase/sell the Goods. The Buyer and the Seller agrees to not directly or indirectly attempt to circumvent, avoid or bypass the intent of these Terms, in connection with any transaction of Goods or enter into a transaction involving any probable transaction for purchase/sell of Goods/Services directly with the Seller/Buyer, as applicable. You agree to notify us immediately if a person suggests to you making or receiving payments other than through the Website and/or the Mobile App in violation of these Terms or if you receive unsolicited contact outside of the Website and/or the Mobile App.
k. Confidentiality
To the extent a user or the Company provides Confidential Information to another user, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a user’s/Company’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
To the extent a user or the Company provides Confidential Information to another user, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a user’s/Company’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
l. Applicable Law
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India. Subject to clause 16 (i) (Arbitration), you hereby consent to the exclusive jurisdiction of the courts of Coimbatore, India in respect of any disputes arising in connection with the Website and/or the Mobile App, or Terms & Conditions or any matter related to or in connection therewith.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India. Subject to clause 16 (i) (Arbitration), you hereby consent to the exclusive jurisdiction of the courts of Coimbatore, India in respect of any disputes arising in connection with the Website and/or the Mobile App, or Terms & Conditions or any matter related to or in connection therewith.
m. Contact Information
Questions about the Terms & Conditions or any grievances with respect to these Terms & Conditions or any matter thereof shall be referred to the person mentioned below:
Questions about the Terms & Conditions or any grievances with respect to these Terms & Conditions or any matter thereof shall be referred to the person mentioned below:
Name: Prasad P Nair
Designation: Head of Marketing & Customer Success
Contact Number: +91 7012121026
Email ID: should be sent to us at [email protected]
Designation: Head of Marketing & Customer Success
Contact Number: +91 7012121026
Email ID: should be sent to us at [email protected]
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