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E-commerce Division

Seller Agrement Details

Bazarneed Services Business Solutions, a suite of optional merchant services including Selling on Bazarneed, Fulfilment by Bazarneed andBazarneedAdvertising.

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH a specific ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND BAZARNEED SELLER SERVICES PRIVATE LIMITED. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) comply with BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES for every SERVICE YOU REGISTER FOR OR USE IN reference to THE BAZARNEED SITE.

As used in this Agreement, "we," "us," and "Bazarneed" means the Bazarneedcompany named in the applicable Service Terms. Capitalized terms have the meanings listed within the Definitions below. If there's any conflict between these General Terms and therefore the applicable Service Terms and Program Policies, the overall Terms will govern and therefore the applicable Service Terms will prevail over the Program Policies.

Seller Eligibility

The use of the Platform is out there only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Bazarneed reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Bazarneed notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you simply are duly authorized by the business entity to simply accept the T & C and you've got the authority to bind the business entity to the T & C.

Use of the Platform

You agree and understand that Bazarneed and the Platform merely provide services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and therefore the contents therein are advertised and listed by registered users and are third party user generated contents. Bazarneed shall bear no responsibility or liability in relation to or arising out of third party user generated content. Bazarneed neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Bazarneed is merely an intermediary and does not interfere in the transaction between buyers and sellers.

 

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

 

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

 

(a) belongs to another person and over which you have no right;

 

(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is false, inaccurate  or misleading in any way;

 

(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

 

(e) Harasses or advocates harassment of another person;

 

(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys

 

(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libellous;

 

(h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];

 

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

 

(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);

 

(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;

 

(m) Contains unauthorized videos, photographs or images of another person (whether a minor or an adult);

 

Selling

 

As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this T & C. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Bazarneed reserves the right to delete such multiple listings of the same product listed by you in various categories.

 

  1. Enrolment

To begin the enrolment process, you want to complete the registration process for one or more of the Services. Use of the Services is restricted to parties which will lawfully enter into and form contracts under applicable Law. As a part of the appliance , you want to provide us together with your (or your business') legal name, address, telephone number , e-mail address, applicable tax registration details also as any other information we may request. you must provide us together with your (or your business') legal name, address, telephone number , e-mail address, applicable tax registration details also as the other information we may request.

  1. Term and Termination

The term of this Agreement will start on the date of your completed registration to be used of 1 or more of the Services and continue until terminated by us or you as provided below. You may at any time terminate your use of any Service immediately on notice to us via Seller Central, email, the Contact Us Form, or similar means. We may terminate your use of any Services or terminate this Agreement for convenience with 28 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 6 days of a cure notice unless your breach exposes us to liability towards a 3rd party, during which case we are entitled to scale back , or waive, the aforementioned cure period at our reasonable discretion your account has been, or our controls identify that it's going to be used for deceptive or fraudulent or illegal activity; or your use of the Services has harmed or our controls identify that it might harm other sellers, customers, or BAZARNEED legitimate interest. We will promptly notify you of any such termination or suspension via email or similar means including Seller Central, indicating the rationale and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal

Activity, or will enable you to bypass our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that you simply will remain liable for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued

Representations

Each Party represents and warrantsthat: (a) if it's a business, it's duly organized, validly existing and in good standing under the Laws of the territory during which your business is registered and are a resident of India for tax purposes every financial year; (b) it's all requisite right, power and authority to enter into this Agreement and perform its obligations and grant the rights, licences and authorizations it grants hereunder; (c) it'll suits all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in its performance of its obligations and exercise of its rights under this Agreement; and (d) each party isn't subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a celebration ,

  1. Limitation of Liability

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST of canopy , RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN reference to THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF BAZARNEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FURTHER, EXCEPT just in case OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN reference to THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY won't EXCEED AT ANY TIME the entire AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY ME

  1. Tax Matters

Your use of Services is subject to Bazarneed Tax Policies. You will suits any applicable tax laws and fulfil all obligations to the tax authorities during a timely and complete manner.

As between the parties, you'll be liable for the gathering and payment of any and every one of Your Taxes alongside the filing of all relevant returns, such as service tax, VAT / CST, goods and services tax, cesses or other transaction taxes, and issuing valid invoices/ credit notes/ debit notes where required. is not liable for collecting, remitting or reporting any service tax, VAT / CST, goods and services tax or other taxes arising from such sale. You are solely liable for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits.

Unless stated otherwise, any and every one fees payable by you pursuant to the present Agreement are exclusive of all value added, service, sales, use, goods and services tax and other similar taxes, and you'll pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to gather any value added, service, sales, use, goods and services tax or similar taxes from you, you will pay such taxes to us. You will provide all necessary information including goods and services tax registered address, registration numbers, invoice mismatch details during a timely manner, to enable us to supply , report or correct goods and services tax invoices. Based on information provided, Bazarneed will deduce the situation of recipient, the billing details, place of supply and applicable taxes.

If for any reason, any tax or withholding or collection at source or such other taxes under applicable Law are determined to be deducted and deposited on any payments or remittances to you, Bazarneed will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against Bazarneed.

It is your responsibility as a seller on the Bazarneed Site to choose the most applicable product tax codes and assign Harmonized System of Nomenclature / Service accounting Code applicable for your listing, such the right rate is applied on all listings offered purchasable by you. If we determine that you simply aren't in compliance with this section, then we may suspend the services provided to you on the Bazarneed Site.

  1. Confidentiality and Personal Data

During the course of your use of the Services, you'll receive tip . You agree that for the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain Bazarneed exclusive property except for customer personal data owned by the respective customer; (b) you'll use tip only as is fairly necessary for your participation within the Services and make sure that persons who have access to Confidential Information are going to be made conscious of and can suits the obligations during this provision; and (c) you'll not, and can cause your affiliates to not , directly or indirectly (including through a 3rd party) otherwise disclose tip to a person , company, or other third party, including any Affiliates, except as needed to suits law; (d) you'll take all reasonable measures to guard the tip against any use or disclosure that's not expressly permitted during this Agreement; and (e) you'll retain tip only for so long as its use is important for participation within the Services or to satisfy your statutory obligations (e.g. tax) and altogether cases will delete such information upon termination or as soon as not required for the fulfilment of statutory obligations. The foregoing sentence doesn't restrict your right to share tip with a governmental entity that has jurisdiction over you, as long as you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any hand-out or make any public statement associated with the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the connection between us in any way. You may only use the Bazarneed Mark as defined in and consistent with the Trademark Usage Guidelines available in Seller Central; you'll not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission.

 

Payment

 

  1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Bazarneed liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.

 

  1. You have specifically authorized Bazarneed or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) or Cash to and from buyers in respect of transactions through payment facility. Your relationship with Bazarneed is on a principal to principal basis and by accepting the T & C, you agree that Bazarneed is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Bazarneed does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.

 

  1. You understand, accept, and agree that the payment facility provided by Bazarneed is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery or Cash, (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Bazarneed neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

 

It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Bazarned,s sole discretion.

 

  1. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.

Dispatch of products and/or services 1.  You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the T & C to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, Bazarneed will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform

 

  1. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Bazarneed in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.

 

  1. Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to Bazarneed on demand within the time frame as notified from time to time.

 

  1. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, and illegal, and shall not contain any misrepresentation of facts.
  2. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the T & C and may lead to suspension and/or termination of seller account.

 

  1. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:

 

  1. a) Buyer confirms the delivery of products and/or services within the transaction;
  2. b) Buyer doesn't take any action on payment facility to verify delivery within such a period of time as provided within the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
  3. c) Buyer’s refund claim is rejected by Bazarneed due to any breach of the T & C, policies, and any applicable law;

Once the transaction is completed by the vendor, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

  1. You're required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider And Local Delivery Boys as approved by Bazarneed

Prepaid Payment Instruments

Bazarneed may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by buyers on the Platform using the prepaid instruments shall be governed by the subsequent terms and conditions:

Such prepaid instruments could also be wont to make payments for the products and/or services purchased on the Platform

Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Platform.

Such prepaid instruments can't be wont to purchase other prepaid instruments or gift vouchers.

If the order value exceeds the quantity of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.

If the order value is a smaller amount than the quantity of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.

Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.

Prepaid instruments cannot be redeemed for cash.

Bazarneed is not responsible if prepaid instruments are lost, stolen, or used without permission.

Buyers can combine and use a maximum of three prepaid instruments per order. They can be combined with promotional codes.

Purchases of prepaid instruments aren't eligible for cash back offers.

 

All sellers on the Platform will accept this prepaid instrument as a payment instrument.

Bazarneed will make payments to sellers whose products and/or services have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.

Financial/Credit Facilities for customers

Bazarneed has operationalized tie-ups with multiple partners for providing financial/Credit assistance to customers for purchasing products on the platform and thereby enhancing the transaction capability of customers. In pursuance of the same, within the event of the customers opting for the financial/Credit assistance program and you duly receiving such amounts from the partners (on behalf of the customers), you hereby comply with assign all receivables from the customer for such transaction. Therefore you hereby agree that with none further action on your part, upon receipt of the quantity due from such partners, any and every one receivable due from the purchasers shall stand assigned in favour of the partner. You hereby authorize Bazarneed to enter into any documentation on your behalf to finish and excellent the assignment. Upon such assignment, the financing partner shall have all the rights because the seller may have had in reference to the gathering of receivables from the customer and therefore the customer shall be required to repay the financing partner directly. The lending partner further reserves the proper to assign and transfer such receivables under these terms and conditions to an NBFC/financial institution because it may deem fit.

Product Description

bazarneed doesn't warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability during this regard.

Charges

Registration on the Platform is free. Bazarneed doesn't charge any fee for browsing/registering on the Platform. However, before you list a product or service purchasable through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this T & C. Bazarneed reserves the proper to vary its fee policy from time to time. In particular, Bazarneed may, at its sole discretion, introduce new services and modify some or all of the prevailing services offered on the Platform. In such an occasion,Bazarneed reserves the proper to introduce fees for the new services offered or amend/introduce fees for existing services, because the case could also be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they're posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Bazarneed. You shall be solely liable for compliance with all applicable laws for creating payments to Bazarneed. You hereby agree that Bazarneed shall have the right to set off any amounts due and payable by you to Bazarneed against any payments due from Bazarneed to You.

Audits

Bazarneed shall have the proper to examine and audit seller’s records and premises / place of business through itself or through Bazarneed approved third party testing agencies. Cost of such an audit shall solely be borne by Bazarneed unless the audit reflects discrepancy in seller accounts / non-compliance with Bazarneed seller policies, in which case the cost of audit shall be borne by the seller.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, and warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, within the event of, including but not limited to, the following:

  1. if you breach the T & C, privacy policy or other policies (if any);
  2. if we are unable to verify or authenticate any information you provide;
  3. if it's believed that your actions may cause legal liability for you, other users, or us; or
  4. if you are doing not produce the legal requirement documents like , the documents required for product sales within the Drugs and Cosmetics category, the BIS license documents, the Brand Authorisation letter, or a Trademark registration proof, as could also be required by Bazarneed Authorities.

Applicable Law

The T & C shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Lucknow

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India.Bazarneed makes no representation that the material on the Website is appropriate or available to be used in other locations/countries aside from India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Bazarneed is not responsible for supply of products/refund for the products ordered from other locations/countries aside from India and compliance with local laws, if and to the extent local laws are applicable.

 

  1. Force Majeure

We will not be responsible for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

 

 

 

 

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