udaan
Udaan Unati-Gold-Tnc
ABOUT
DOWNLOAD APP
LOGIN

TERMS AND CONDITIONS APPLICABLE FOR UDAAN - UNNATI GOLD AND UDAAN - UNNATI GOLD PLUS

Hiveloop Technology Private Limited, company incorporated under the laws of India and having its registered office at No. 1090 G, 18th Cross, 14th Main Sector 3, HSR Layout, Bangalore - 560102 (herein after referred to as “HTPL, "we”, “our”, “us”, which term shall refer to and include its owners, directors, employees, officers, representatives, affiliates, or other related parties).

Only Persons who are registered as Sellers (as defined under the Terms of Use) having an active and valid registered user account on the Platform shall be eligible to avail the benefits under this Program (as defined below), and such Sellers for the purposes of this Program are referred to herein, as "Users" or “you”.

These terms and conditions (“Program Terms”) apply to the Sellers who have explicitly consented to availing the Udaan-Unnati Gold or the Udaan-Unnati Gold Plus program launched by HTPL, under which the consenting Sellers have agreed to revised payment settlement timelines and revised S&D Fees as applicable to them, subject to the parameters as provided under these Program Terms (as defined below) (“Program”).

Please note that these Program Terms are in addition to the Terms of Use and other terms and conditions as may be applicable to you for the use of the Platform and other ancillary services, from time to time (collectively referred to as “Platform Terms”) and shall continue to apply to You. Except that the S&D Fee and the timelines for settlement mentioned in the Program Terms shall supersede and prevail over corresponding terms specified in the Terms of Use.

You are required to read, review, understand and agree to these Program Terms and the Platform Terms for availing the benefits Program. If you do not agree to the Program Terms, please do not avail the Program. By availing this Program on the Platform, it shall mean that you have read, reviewed, understood and accepted the Program Terms and agree to be bound by these Program Terms and to any modifications, amendments or updates made to the said Program Terms from time to time.

Capitalised terms used herein but not defined shall have the meaning as assigned to them under the Terms of Use.

I. GENERAL TERMS

  1. HTPL shall extend the Program only to such Sellers who are eligible as per the criteria as set out in paragraph II below. HTPL reserves its right to not provide the Program to you in its sole direction and its decision in this regard shall be final and binding.

  2. Program may be subject to additional terms as may be displayed on the Platform by HTPL and you hereby agree and undertake to abide by such additional terms.

  3. You are solely responsible for the accuracy of all personal information and any other information provided at the time of availing Program. You further agree to update and inform us in writing about any changes to the information provided by you at the time of availing the Program.

  4. You shall promptly inform us about any change to your communication address, any loss of handset, breach of protected information like PIN, user name, password etc.

  5. You agree to be vigilant regarding the payment transactions happening through your User Account and shall promptly intimate HTPL in case of any misuse, fraud or theft, as soon as the same is discovered by you.

II. ELIGIBLE SELLERS

The Sellers fulfilling the following criterion shall be eligible to avail the Program:

  1. who have an active and valid registered user account on the Platform;
  2. who have sold to at least 500 unique buyers on the Platform in the last 9 months from the date of enrolment;
  3. who is deemed to be good quality seller in terms of returns %, order cancellation & expiry % and buyer ratings as per the parameters set out by HTPL;
  4. who is able to supply 3x of current volume on the Platform;
  5. who is a Seller selling Products in the clothing category;
  6. who have explicitly accepted the enrolment in the Program; and
  7. who fulfils any other criteria set out by HTPL from time to time.

HTPL reserves the right to modify, alter and/or amend the above mentioned eligibility criteria at any time, without any notice to You.

III. PROGRAM BENEFITS AND OTHER TERMS

  1. In the event You enrol in the Program, in relation to settlement of online payments made by the Buyer at the time of placing the Order with the Seller or prior to the delivery of the Consignment, ‘T’(which is the date of expiry of the refund period applicable in relation to the order) shall be calculated in the following manner:

    ParticularsThresholds (in days)
    Order date / Payment dateN
    Average period within which a Seller can dispatch5
    Average period of a dispatch to delivery15
    Period of return request15
    Return Completion (Return Pickup + Refund)60
    ‘T’ (i.e., the date of expiry of the refund period)N+95 days

    For the avoidance of any doubt, it is clarified that irrespective of the enrolment in this early settlement Program, the transaction will be deemed to be completed only upon the expiration of the refund period as set out above, even though pursuant to Your enrolment in this early settlement Program, Your payments will be settled within the timelines as may be elected by you in terms of the Program. It is further clarified that irrespective of the settlement of payments to You before the completion of the transaction, You shall continue to be liable for refunds to the Buyers in accordance with the Terms of Use.

  2. In case You are eligible in accordance with the Program Terms, You can avail any of one of the following programs and upon enrolment the payment timelines and S&D charges as mentioned below corresponding to the Program Tier enrolled by You shall apply to You:

    1. Udaan-Unnati Gold:

    TiersRevised Settlement TimelinesRevised Settlement TimelinesRevised S&D FeesRevised S&D Fees
    For payments made at the time of placing the order or prior to the delivery of the order(s)For payments made at the time of or after the actual delivery of the order(s)Repeat Buyers*New Buyers*
    Unnati Gold - Tier ID+7D+76.30%9.30%
    Unnati Gold - Tier IID+14D+145.60%8.60%
    Unnati Gold - Tier IIID+30D+304%7%
    Unnati Gold - Tier IVD+45D+452.50%5.50%
    Unnati Gold - Tier VD+60D+601%4%

    2. Udaan-Unati Gold Plus:

    TiersRevised Settlement TimelinesRevised Settlement TimelinesRevised S&D FeesRevised S&D Fees
    For payments made at the time of placing the order or prior to the delivery of the order(s)For payments made at the time of or after the actual delivery of the order(s)Repeat Buyers*New Buyers*
    Unnati Gold Plus - Tier ID+75D+750.05%3.00%

    *Repeat buyers are buyers who have made a purchase from you earlier (minimum once) on the platform (applicable on delivered orders only; undelivered shipments or cancelled orders / returned orders will not be counted as a valid purchase)

    *New buyers are buyers that are transacting with you for the first time ^Date of Delivery of the relevant Order

  3. You shall, at the time of acceptance / enrolment in the Program, explicitly indicate to HTPL the Tier of the Program You wish to enrol under. You agree that your indication of the Tier of the Program shall be binding upon you and the corresponding S&D Fee and Settlement Timelines shall apply to you.

  4. You expressly agree that the S&D Fee and the timelines for settlement mentioned under the respective Tier that you have elected for while accepting / enrolling in the Program shall become applicable to you and shall supersede and prevail over terms (relating to S&D Fee and Payment Settlement Timelines) specified in the Terms of Use, for the subject matter hereof. All other terms and conditions as set out under the Platform Terms shall continue to apply to You.

IV. REPRESENTATION, WARRANTIES AND COVENANTS

  1. By availing the Program you hereby agree to abide by the Program Terms as mentioned herein.

  2. You agree and confirm that we shall not be liable in any manner to you for failure or delay in providing the Program and the Program shall be provided to you in our sole and absolute discretion.

  3. You hereby represent, warrant and confirm that:

    (i) the information or documents provided by you to HTPL is accurate and correct and you have not withheld any facts or information which are/were relevant or material for considering the grant of Program to you;

    (ii) there has been no material change in the information or documents provided to HTPL which would affect the provision of Program to you;

    (iii) you are not a party to any litigation of a material character and that you are not aware of any facts nor have you committed any act which may give rise to such litigation or to material claims against you;

    (iv) you shall promptly notify HTPL of any action or steps taken or any legal, administrative or other proceedings started/threatened by or against you in any court of law.

    (v) you have paid all public demands such as Income Tax and all other taxes and revenues payable to the Government of India or to the Government of any State or to any local authority and that at present there are no arrears of such taxes and revenues due and outstanding;

    (vi) you have read, understood, and consent to the Program Terms and agree to be bound by the same or such updated Program Terms, in force from time to time as communicated to you by us. If you do not agree to the Program Terms or any updates thereto, please do not avail the Program. Your continued use of the Program shall be deemed and construed to be your acceptance to the provisions of the Program Terms and /or any amendments /updates thereto;

    (vii) you shall abide by the Program Terms

    (viii) you shall use Program only for the purchases made using the Program Terms and shall not misuse the Program.

  4. You expressly permit HTPL to seek details from the Platform pertaining to your business, transactions undertaken by you using the Platform and such other information that HTPL may require, from time to time during the subsistence of these Program Terms. You affirm that no separate permission letter is required for this purpose.

  5. You understand and acknowledge that HTPL shall be entitled at its discretion to engage/ avail of services of any person/ third party service provider/ agency/ agent, for anything required to be done for/ in relation to/ pursuant to these Program Terms, including without limitation collections, recovery of dues, enforcement of security, getting to verifying any information of the Users/ assets, and any necessary or incidental lawful acts/ deeds/ matters and things connected thereto, as HTPL may deem fit.

  6. You shall promptly notify HTPL in writing with full details of all or any change/s to your details or personal information.

  7. We reserve the right to set off and adjust any amounts that is:

    a. payable to You by any Buyer that accrues or becomes payable due to any return of products and/or any refund request;

    b. payable to You or to any of Your associated sellers or to any other user enrolled on the Platform in which You have beneficial interest, by us or any of our affiliates or group companies under any other agreement or arrangement and other charges that are to be recovered from you.

  8. You expressly permit us to deduct, set off, and/ or adjust any such amounts and any other charges that are to be recovered from you from the amounts to be settled by HTPL to you.

  9. You agree that no separate authorisation letter or documentation shall be required to instruct any person or any of our group companies with regard to such deduction, setting-off or adjustment.

V. INDEMNITY

Without prejudice to any other rights of HTPL, You agree to indemnify and hold harmless HTPL and its officers/employees against, and pay and reimburse HTPL, any actions, suits, claims, proceedings losses, damages, costs, charges or expense or outgoings which HTPL shall have sustained or suffered or incurred by HTPL as a consequence of the occurrence of the Event of Default, breach of any of the terms and conditions, statements, undertakings, representations and warranties of these Program Terms.

In no event shall HTPL be liable to you for any loss, damages whether direct or indirect or any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss

VI. TERMINATION

  1. You may discontinue/ terminate Program by raising a request on the Platform.

  2. HTPL may at any time with or without notice, withdraw, terminate, and/or suspend the Program at any time.

VII. MISCELLANEOUS

  1. Any communication, notice or request required or permitted to be given or made under this Agreement to HTPL shall be given in writing and sent to us at address abovementioned.

  2. Any communication to you shall be provided using the Platform. Such notice or request shall be deemed to have been duly given or made when it shall be delivered by way of electronic email or any other legally acceptable mode of communication to the party to which it is required or permitted to be given.

  3. No delay in exercising or omission to exercise any right, power or remedy accruing to HTPL upon any default under these Program Terms or documents shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence in such default; nor shall the action or inaction of HTPL in respect of any default or any acquiescence by it in any default, affect or impair any right, power or remedy of HTPL in respect of any other.

  4. You agree and acknowledge that in case of any dispute or difference arising out of or in connection with this Program Terms, whether during its subsistence or thereafter, between the you and us including any dispute or difference, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modifications thereof and shall be referred to a sole arbitrator, to be appointed mutually. The venue for conducting arbitration proceedings shall be Bangalore, Karnataka, India. The language of arbitration shall be English.

  5. You further agree and accept that we may use your personal information or any personal information that may be provided by you for the purposes of providing Program in accordance with the privacy policy. You will immediately notify us if you become aware of or suspects any unauthorized use or access to the user data and shall co-operate with us in investigation of such breach and the mitigation of any damage.

  6. We may modify these Program Terms from time to time, and any such changes will be reflected on the Platform and be effective immediately upon the changes being reflected on the Platform. You agree to be bound to any such changes or modifications and understand and accept the importance of regularly reviewing these Program Terms as updated on the Platform. If you do not agree to the modified or changed Program Terms, you may discontinue /terminate the Program by raising a request on the Platform or write to us at our registered office address mentioned above. We will suspend the Program for User Account within seventy-two (72) hours from the receipt of your email communication. Notwithstanding anything contained herein, on raising a request for termination of Program, you shall be liable to pay the Guaranteed Amount immediately, failing which the modified/ changed Program Terms shall continue to be applicable to you until such time we have received the Guaranteed Amount from you.

  7. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (i) give either you or us the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (iii) allow you to create or assume any obligation on our behalf for any purpose whatsoever.

  8. The invalidity or unenforceability of any provision shall not affect any other part of this Program Terms. The Program Terms read along with the Terms of Use, Privacy Policy and other policies of the Platform shall constitute the entire understanding between the parties hereto and all other agreements, understanding, acknowledgments shall be stand superseded.

  9. The Program Terms shall not be assigned by you without our prior written consent. Any purported transfer, assignment, or delegation without such prior written consent shall be null and void. We may assign or transfer these Program Terms for any reason to any person. Subject to the foregoing, these Program Terms shall bind and inure to the benefit of yours or our successors and permitted assigns.