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 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.
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.
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
(ⅰ) Goods Information
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.
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.
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.
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.
f. the Seller shall offer a manufacturer warranty and indemnify the Company against all claims relating to deficiency in Goods.
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.
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
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