The Terms of Use, as effective from 00:00 hours on 1st October 2020, are available here.
Last Updated on 10th August 2020
Terms and Conditions for Logistics Services and Payment Services
By availing the Logistics Services and/ or Payment Services (defined
below) of Third Party Service Providers (hereinafter referred to as
‘we’/ ‘us’), Buyer or Seller or any other party acting on their behalf
with an interest in the Order(s) (defined below), (hereinafter
collectively referred to as ‘you’), agree to be bound by the
terms and conditions set out herein below (“Terms”).
Definitions:
In these Terms:
(a) “Buyer(s)” shall mean the person or individual who
has purchased the Products offered for sale by the Sellers on the Platform and
is availing Logistics Services and Payment Services from us.
(b) “Chargeback” is a settled transaction that is reversed
to the Buyer(s) by the Payment Instruments, upon receiving a chargeback request
from the Buyer(s), upon failure of the Seller(s) to provide an explanation
along with documentary evidence that the chargeback request should be rejected.
(c) ‘Consignee’ shall mean the Buyer or any person
named in the Delivery Note or any of his/her representatives that takes the
delivery of Shipment being transported.
(d) ‘Dangerous Goods’ includes products that are or may
become of a dangerous, hazardous, inflammable, radioactive, or damaging nature,
products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.
(e) ‘Delivery Note’ shall means the Waybill containing
the essential information (as determined by us on our sole discretion) required
for the performance of the Logistics Services, including name, delivery address
and contact number (if applicable) of the Consignee or the designated recipient
of the Shipment, description of the contents of the Shipment (if applicable)
and COD details (if applicable).
(f) ‘Logistics Services’ means the shipping, delivery,
including cash on delivery (“COD”) services and other services provided by us
to you pursuant to these Terms.
(g) “Order(s)” shall mean an order placed by the Buyer(s) for
purchase of Products prescribed by the Seller(s) of such Products. Each Order
shall be specifically designated by a unique order number.
(h) “Order Detail(s)” shall mean the details relating to the
Order including without limitation, the description of Products, cost of the
Products, total amount payable, delivery date etc.
(i) “Payment Services” shall mean the services being provided by
us to the User(s) on the Platform for collection of payments by us from the
Buyer(s) in relation to the Order(s), and remittance of the same to the
Seller(s) of the Products or any third party (on the instruction of the relevant
User(s)), through any of the following means: (i) using Payment Instruments (defined
below) that enables the Buyer(s) to pay online; (ii) acceptance of cash, for
cash on delivery Order(s), or
(iii) in any other manner, through such payment modes as may be provided by us
from time to time.
(j) ‘Platform’ means the any website and/ or mobile
application whereby Seller(s) display/ list and sell their Products.
(k) “Product(s)” shall mean multiple categories of goods
including but not limited to mobiles, cameras, computers, apparels, footwear,
healthcare and personal products, consumer home appliances and consumer
electronics etc.
(l) “Seller(s)” shall mean the sellers/ vendors that list/ offer
for sale to Buyers their Products through the Platform in accordance with the
terms of use of such Platform.
(m) 'Shipment(s) / Consignment(s)' means all Products
(excluding documents) that travel under one Delivery Note and which may be
carried by any means we choose in our discretion, including air, road or any
other carrier.
(n) ‘Third Party Service Provider(s)’ means the third parties that
provide Logistics Services and Payment Services to you. At present, this Third
Party Service Provider is Hiveloop Logistics Private Limited having its registered
office at 1090/O, Municipal No. 1580/1090/O, 17th Main, Sector
-3, HSR Layout, Bangalore, Karnataka – 560 102.
(n) 'Waybill' shall include any label that may be
produced by us under automated systems, air waybill, or consignment note which shall
incorporate these Terms.
I.
If you are availing the Logistics
Services from us, you agree to be bound by the following terms and conditions:
1. Conditions to Provision of Logistics Services:
(a) We, in our sole discretion, reserve the right to refuse the delivery
of any Shipment and/ or forfeit delivery of any Shipment without any liability
thereof.
(b) We are entitled to select third party service providers (including
but not limited to carriers, storage keepers, warehousing agents, stuffing agents,
packers, surveyors, transporters) as independent agents for performance of the
Logistics Services under these Terms and Conditions.
(c) Consignments which contain Dangerous Goods or such goods that are
expressly prohibited by the railway/airport authority or any other transport
agency or government authority or any other law or regulation that may be
applicable, shall not be accepted by us for delivery.
(d) Consignments addressed to a post box number or with incomplete
address will not be delivered by us and the same will be rejected by us.
(e) We may, in our sole discretion, reject any Shipment for the
provision of Logistics Services and shall return such rejected Shipment in
accordance with the relevant return policy that may be notified by us, from
time to time.
(f) We reserve our right to weigh the Shipment at our own weighing centers and in the event of any discrepancy, additional
charges may be levied on the Shipment. Any decision by us with respect to any
inaccuracy in the information or discrepancy in weight shall be final and you
hereby authorize us to determine the accurate weight on your behalf.
(g) We shall not be liable for any loss arising due to confiscation of
Shipments by any government agencies due to lack of proper documents or
inaccurate information provided to us.
(h) We may, in our sole discretion, conduct random audit of the Seller’s
premises to ensure compliance with the terms set out herein. We may further
conduct random verification/ checks of the Shipments that in transit to check
your compliance with the terms mentioned herein.
(i) Seller hereby expressly authorises us and/ or our third party
service providers to undertake insurances for safe keeping of goods in the
warehouses and during transit of products, as the case may be, and claim
insurance from the relevant insurance company in the event of loss or damage of
Products while in its custody (including transit). The Seller has no objection
to the payment of claims to us and/or our third party service providers in the
event of a loss.
2. Representation, warranties, and obligations:
(a) Seller shall ensure that the Consignment does not contain any letter
of communication which will infringe the Indian Postal Act, 1983 or any other
applicable laws. We accept Consignments in good faith that the Consignments do
not contain anything which will infringe or be in violation of any applicable
laws.
(b) If more than one Consignment is booked to the same receiver, Seller
must ensure that the full address of the Consignee or designated recipient is
written on all the Consignments.
(c) Seller shall not enclose cash, high value gift articles, share
certificates, travel documents, Dangerous Goods, explosives, firearms, cattle,
or any other product that is prohibited by applicable laws in the Shipment. If
Dangerous Goods or any goods that are prohibited by applicable laws are found
in the Shipment which constitute a risk to other goods, property, life or
health, such Shipment may without notice be destroyed or otherwise dealt with
at our sole discretion and at your risk and expense. In this regard you shall,
at all times, fully indemnify us and hold us harmless against all penalties,
claims, damages, losses, costs and expenses (including but not limited to legal
expenses) whatsoever arising in connection with any such goods.
(d) Seller shall be solely responsible to declare the accurate value of
the Consignment in the consignment note at the time of booking your Consignment
for delivery.
(e) Seller represents and warrants that the description and particulars
of the Consignment (including but not limited to the weight, content, measure,
quality, condition, marks, numbers, and value) are complete and accurate with
all laws, regulations, and requirements that may be applicable.
(f) Seller represents and warrants that:
(i) all information provided by you or person acting on your behalf
relating to the Shipment(s) are complete and accurate;
(ii) the Shipment(s) are properly and sufficiently prepared,
packed, stowed, labelled, and/or marked;
(iii) the Shipment(s) are packed in a manner adequate to withstand
normal handling or storing while transporting; and/or
(iv) the Shipment(s) are in compliance with all laws, regulations, and
requirements as may be applicable.
(g) Seller shall ensure that all the Consignments are provided to us
before the specified cut-off-time specified by us for on time delivery with all
the proper documents (in accordance with applicable laws including but not
limited to goods & services tax Act, 2007 (GST)) required to ship the
Shipments. GST on the products contained in Shipments and all applicable
statutory tax compliances shall be your sole responsibility and we shall not be
responsible for any losses, damages resulting from any such non-compliances.
(h) Seller shall be solely responsible to ensure that the Consignment is
handed over to us within the time slots allotted to Seller by us. If Seller
does not handover the Shipment within the time slot allotted, then Seller shall
be charged extra for second attempt being made by us to take the Shipment.
(i) Seller shall be solely responsible for procuring appropriate
insurance policies for the Consignments to cover all or any risks and
liabilities that Seller may foresee. If Seller requires greater protection,
then insurance cover may be arranged by us for the Shipment, in our sole
discretion, upon your prior written instructions.
(j) Seller shall be solely responsible to raise invoices directly on the
Buyers. In the event any penalty is levied by any governmental or regulatory
authority on us due to Seller’s non-compliance of applicable laws, including
without limitation, non-availability of invoices with the Consignments etc.,
Seller agrees to indemnify us, in this regard for all costs, losses,
liabilities, penalties or expenses that we may have to incur. We shall not
assume any liability for Seller’s failure to comply with this clause.
3. Delivery Services:
(a) Upon receiving a service order for the Logistics Services, we shall
use our best endeavours to deliver the Shipment(s) to the delivery address and
designated recipient in the Delivery Note. For the avoidance of doubt, the
designated recipient may not be the Consignee. We will endeavour to verify the
identification of the person receiving the Package at the designated delivery
address and obtain the signature of such person’s signature on the Delivery
Note.
(b) For onward delivery of Shipments, Seller hereby authorizes us to
print Delivery Note containing information with respect to Shipment on its
behalf.
(c) Shipments shall be delivered on ‘as is’ basis and unless agreed
otherwise, we are under no obligation to inspect the contents of the Shipment.
However, we may, in our sole discretion, at any time and without notice to
Seller, inspect the contents of Shipment to ensure Seller’s compliance to these
Terms.
(d) Proof of delivery of the Shipment can be made available upon
Seller’s request provided such a request is made within 30 days from the date
of dispatch of the Consignment. We will not accede to any requests after the
expiry of the aforesaid time limit.
(e) Every effort will be made to adhere to the delivery schedule, that
may be prescribed by Seller, however, the Shipment may be delayed due to
circumstances beyond our reasonable control.
(f) If the performance of our obligations, in our reasonable opinion is
or is likely to be affected by any hindrance, risk, delay, difficulty, or
disadvantage whatsoever and which cannot be avoided by our reasonable endeavors, we may, on giving notice in writing to you or
without notice where it is not reasonably possible to give such notice, treat
the performance of the obligations as terminated and place the Shipment or any
part of them at your disposal at any place which the we may deem safe and
convenient, whereupon our responsibility in respect of the Shipment shall
cease. Seller shall be responsible for any additional costs of carriage to, and
delivery and storage at, such place and all other expenses incurred by us in
this regard.
(g) Notwithstanding anything contained herein, our total aggregate
liability for any claims or losses that may arise in connection to this shall
be limited to the amount recovered by us from the insurance company in respect
of Products in dispute or fee received from the you in the preceding six (6)
months from the date such claim arose, as the case maybe
4. Failed Delivery or Undelivered Shipment:
(a) You acknowledge that a delivery failure (“Failed Delivery” or
“Undelivered Shipment”) may occur for various reasons, including but not
limited to:
(i) the Consignee’s name is incorrectly stated in the Delivery Note;
(ii) the delivery address is incorrectly stated in the Delivery Note;
(iii) there is no recipient available at the designated delivery address
to receive the Shipment; or
(iv) the recipient refuses to receive the Shipment.
(b) In the event of a Failed Delivery due to the reasons stated in
clause (a) above, we shall retain the Shipment and make a reasonable number of
re-delivery attempts (as determined by us in our sole discretion) to deliver
the Shipment in accordance with the RTO Policy as displayed on the Platform.
(c) In the event of Failed Delivery even after making such number of
re-delivery attempts to deliver the Shipment, we will notify Seller and use
reasonable efforts to return the Shipment to Seller in accordance with the RTO
Policy.
(d) Our RTO Policy can be accessed here.
5. Returns:
(a)
Buyer may raise a return request with respect to the following reasons
of deficiency in delivery of Shipment provided by us:
(i)
Missing Product or some items from the entire order placed found to be
missing which arise due to reasons attributable to us;
(ii)
Damage to the outer box delivered or Product damaged in transit; or
(iii)
Any other logistics or warehousing related issues.
Depending on the
category of Product, you can raise a return request for any of the issues
within the timelines prescribed below:
|
Category |
Timelines |
|
Clothing |
7 days from the date of delivery of shipment |
|
Food-FMCG |
3 days from the date of delivery of shipment |
|
IT |
7 days from the date of delivery of shipment |
|
Phones
|
2 days from the date of delivery of shipment 7 days from the date of delivery of shipment |
|
VAS |
2 days from the date of delivery of shipment |
|
Accessories and Consumer Electronics |
7 days from the date of delivery of shipment |
|
Home and Kitchen |
7 days from the date of delivery of shipment |
|
Footwear |
14 days from the date of delivery of shipment |
|
Toys and Baby care |
7 days from the date of delivery of shipment |
|
Stationery and Office Supply |
7 days from the date of delivery of shipment |
|
Fresh Products |
1 day from the date of delivery of shipment |
|
Pharmaceutical |
15 days from the date of delivery of shipment |
In case of fulfilment of
the order through the designated warehouse(s) of HLPL, Buyer at the time of
receiving the Shipment will be responsible to check the shipment for any
tampering, physical damage to the Shipment and/or incorrect packet ID details
mentioned on the Shipment and may choose to refuse to accept the Shipment.
Except for any product quality related issues or damage/ defective products
received by the Buyer, we will not entertain any return request with respect to
such Shipment once the same has been accepted by the Buyer.
(b)
At the time of raising the return request, Buyer will be required to
provide appropriate documents/ information at the time of submission or post
submission of the claim/ dispute in support of its claim. These documents/
proof may include without limitation:
· images of the
Product(s) indicating the issue in the Product/ shipment delivered. The images
need to capture the following: (a) the shipping label with Order ID; (b) Order
details; (c) packed shipment; (d) issue observed by you in the Product; (e)
damages to the Product; and/or (f) the IMEI number (in case the Product
is a mobile phone);
· unboxing/ normal
video clip indicating the issues in the Product/ shipment delivered. The video
clip needs to capture all sides of the package, order details, shipping label,
quantity of the Product, damages in the Product, IMEI number (in case of mobile
phones), any tampering with the outer box etc.;
· copy of bill/ tax
invoice for the Product received.
If we require any
further information or clarification from the Buyer we will contact you.
(c)
Upon internal scrutiny and verification of the claim / return request,
we may either accept or reject the claim/ return request. In case we accept the
claim raised by the Buyer, we will arrange for the pick-up of the Shipment (if
required) that has been delivered by us. It shall be the responsibility of the
Buyer to pack the Product to be returned in a manner such that the packed
shipment can withstand the handling and transportation process.
If the return request
of the Buyer has been rejected due to the following reasons that: (a) Buyer
does not respond to the inquiry calls and/or calls made by us to procure
missing documentation and information; or (b) supportive documents are
insufficient, or Buyer is unable to provide sufficient proof in support of the
claim, Buyer may raise a new return request within three (3) days from
the date of such rejection.
(d)
We will initiate a refund of the order amount paid by the Buyer within forty-eight
(48) banking hours, in cases where refund request is initiated under Para 5(a)
which is attributable to any deficiency of service provided by us:
1. from the date of
approval of claim/ dispute; or
2. from the time of
successful pick-up of the Product from Buyer’s shop/ designated pick-up
location;
whichever is later.
(e)
Our decision with respect to settlement of the claim/ dispute shall be
final and binding on the Buyer and we shall not entertain any further claims
once the claim/ dispute has been settled/ resolved by us.
(f)
If the Buyer has raised a return request for any reason other than as
mentioned under clause 5 (a) above and where such return request of the Buyer
has been accepted , we may provide logistics services to the Buyer for
returning the Products to the Seller (if requested by the Buyer). It shall be
the responsibility of the Buyer to pack the Product to be returned in a manner
such that the packed shipment can withstand the handling and transportation
process. Further it shall be the responsibility of the Seller to refund the
order amount already paid by the Buyer. In such cases of Seller approved
returns, no liability shall rest with us with respect to refund of order amount
to the Buyer.
(g)
We may, in our sole discretion, check the contents of the returned
shipment that are picked up from the Buyer, however, we shall not assume any
responsibility or liability with respect to such verification of the shipment.
If we choose to do such verification, our check will be limited to checking
that the Products which are handed over to us match the description of the
Products, quantity, colour, size, and/ or brand with the Product for which
return request has been raised. Buyer’s return request shall automatically
stand cancelled in case the Products handed over to us do not pass the
verification check. We will not entertain any further return request in case of
any cancellation due to verification check.
The returned Shipment
will be delivered to the Seller within 45 days from receipt of product from the
Buyer.
Any delay in delivery due to unforeseen reasons will be communicated by
us.
(h)
The Shipment to be returned will be delivered to the Seller in the same
condition in which it was received by us from the Buyer. Seller shall be bound
to accept the Shipment returned by the Buyer.
(i)
At the time of delivery of the returned Shipment to Seller or any of its
representatives, we shall open the Shipment at Seller’s location and Seller is
bound to accept the same in an open condition. Seller will be required to
acknowledge the delivery of the Shipment by signing on the proof of delivery
document (“POD”) and clearly write on the POD if the returned Shipment is
damaged or tampered with. Seller agrees to allow us to take photos, videos,
etc. of the opened Shipment for our record purposes. Seller acknowledges that
such photos, videos, etc. collected by us will be used at the time of settling
any dispute (if any) that may be raised by Seller with respect to the Shipment.
(j)
Seller can raise a dispute with respect to the Shipment returned to
within seventy-two (72) hours from receipt of the same, failing which it shall
be deemed as accepted by the Seller without any damage or fault. Seller
may raise a dispute for any one of the following reasons using the Platform:
1. Reverse
Shipment/outer box is in a visibly damaged condition or tampered;
2. Products received
does not match with the products which were dispatched by Seller;
3. Difference in the
quantity;
4. If the Reverse
Shipment is not delivered but marked “delivered” on the Platform; or
5. Mismatch/non-alignment
with the approved refund amount.
(k)
At the time of raising a dispute, Seller will be required to provide
documents/ proof in support of the claim, which include without limitation,
images of the returned product(s) indicating the issue in the Shipment
received. The images need to clearly capture the following:
· the Return ID;
· AWB number of the
Shipment;
· packed Shipment;
· issue observed by you
in the returned product;
· damages to the
returned product;
· brand name/
manufacturer’s name of the returned product; and/or
· the IMEI number (in
case the product is a mobile phone).
(l)
Upon receipt of Seller’s claim, we will scrutinize the documents
provided by the Seller and the Evidences collected by us and decide the claim
either in favour or against the Seller.
The dispute may be resolved against Seller if it is
concluded that:
· Evidences collected
by us and documentation, proof, and information provided by Seller in support
of the claim does not match;
· document/ proof
provided by Seller is insufficient; or
· Seller does not
respond to the inquiry calls and/or calls made by us to procure missing
documentation, proof, and information in support of its claim.
Our decision with
respect to settlement of Seller’s claim shall be final and binding on the
Seller.
(m)
We may in our sole discretion, agree to refund the delivery charges to
the Buyer or Seller, as the case may be.
(n)
If despite our reasonable efforts, we are unable to deliver the returned
Shipment to the Seller, the same will be transferred to our liquidation hub for
liquidation. Seller agrees to transfer the right, interest, and title to such
returned Shipment to us. We shall not assume any liability to pay any amount to
the Seller upon liquidation of such returned Product or entertain any claims
with respect to such returned Shipment. Seller agrees that it shall not be
entitled to receive any money or amount that we may receive from liquidation of
such Shipment.
(o)
If it is found that Buyer or Seller misbehaves with our field executive,
we reserve the right to cancel the claim/ dispute raised by them without
incurring and assuming any liability thereof.
6. COD Services for Buyers:
(a) Seller hereby authorizes us to perform COD services and collect the
cash on your behalf from the Buyer and the collected COD shall be settled and
remitted to Seller’s account in accordance with the settlement process as set
out in the terms for Payment Services as set out hereinbelow and Seller hereby
agrees to be bound by the provisions of the terms for Payment Services in this
regard.
(b) Seller acknowledges and agrees that in performing the COD Services,
we are acting merely as a payment collection agent and shall take no
responsibility as to the legality of any payment transaction between the Seller
and the Consignee.
7. Express Remittance Facility for Sellers:
In the event Seller(s) request for payment for the Order(s) at the time
of handing over Shipment to us for onward delivery of Consignment to the
Consignee, we may in our sole and absolute discretion, pay to the Seller(s)
such percentage of the amount of Shipment being handed over to us. Further, in
the event the Buyer refuses to accept the Products we will return the Shipment
to the Seller and the Seller shall be liable to return to us the money received
by Seller from us in the form of express remittance. If the Buyer has accepted
the Shipment, the money paid by the Buyer shall be adjusted corresponding to
the amount of express remittance paid to the Seller.
8. Indemnity:
You agree to indemnify, defend and hold harmless us, our affiliates and
their related officers, directors, employees, agents and sub-contractors from
and against all liability, loss, claims (including claims from third parties,
sub-contractors or agents), damages, awards, penalties (including penalties
imposed by government or regulatory authorities) or expenses (including
attorney’s fees) arising out of or related to:
(i) any breach of your obligations, representations or warranties under
these Terms;
(ii) any compliance of applicable law;
(iii) any claim or action by a third party in connection with any defect
in title of any products;
(iv) information (whether to us or our affiliates, or their
sub-contractors, agents or service providers, or government or regulatory
authorities) in relation to the Shipment or otherwise pursuant to these Terms
or in contemplation of the Logistics Services, that is incorrect, misleading,
or erroneous;
(v) your omission to provide information or documentation required by us
or any government or regulatory authorities;
(vi) any alleged or actual patent, copyright, trade secret, trademark,
trade name, or other intellectual property right infringement or other claim,
demand or action resulting from the advertising, publishing, promotion,
manufacture, sale, distribution or use of any of the products;
(vii) any alleged or actual personal injury, death or property damage
suffered by any party arising from the supply or sale of the Shipment to that
party;
(viii) any claim by a third party or Consignee made pursuant to, or
liability arising under any consumer protection laws, including any
non-conformity or defect in, or any recall of, any of products.
9. Limitation of Liability:
In no event will we be liable for indirect, incidental, special or
consequential damages, including loss of use, loss of profits or interruption
of business, howsoever caused or on any theory of liability. We shall not have
any liability whatsoever for any claims arising from: (a) any of your acts or
omissions; (b) compliance with the instructions given by you or any person
acting on your behalf; (c) an act or order of any government authority; (d) the
insufficiency of the packing or labelling of Shipment; (e) the nature or
description of the Shipment; (f) riots, civil commotions, strikes, lockouts,
stoppage or restraint of labour; (g) explosion, fire, flood or storm; (h) any
cause which we could not avoid and the consequences whereof we could not
prevent by the exercise of reasonable diligence; (i) any loss, miss-delivery,
delay or damage to any Shipment; and/or (j) any dispute or claims between the
Seller and the Consignee/ Buyer including without limitation relating to the
Shipment or Products hereunder.
Our aggregate liability (inclusive of interest and legal and other
costs) arising under or in connection with the Logistics Services (whether by
reason of any negligence or any non-fraudulent misrepresentation, any breach of
contract or any express or implied warranty, condition or term of these Terms
or any duty at common law) will not in any way exceed an amount of INR 5000/-.
10. Taxes:
(a) We shall charge the Buyer for providing Services and unless
otherwise stated, all such charges shall be exclusive of Goods and Service Tax.
The charges payable for availing the Services will be displayed in the Rate
Card section of the Platform and the same may be modified or amended, from time
to time, solely in our discretion without any notice thereof. It shall be
Buyer’s duty to routinely check on such charges. In the event you continue to
avail the Services from us, it shall be deemed that you have agreed to such
change in charges.
(b) Octroi or any other charges levied by any central/state/local
authorities wherever applicable shall be extra and Buyer shall be liable to pay
the same.
(c) The charges shall be subject to applicable taxes, as per prevailing
applicable laws. If TDS is required to be deducted on the payments made to us,
then Seller or Buyer, as the case maybe, shall provide a proof of such TDS
deduction, as per the timelines provided under the statutory laws.
11. Lien:
We shall have a general and particular lien on the goods and other
contents of Shipments and all documents relating thereto in an event of the
default by you in the payment of sums of whatever nature due and payable by you
to us including, without limitation, charge for attending, co-operating,
reporting, fumigating, devanning, restoring, storing or reconditioning and/or
all expenses incurred for the benefit or protection of the Shipments, and also
for any payments, duties, fines or other expenses including but not limited to
interest and legal costs and expenses, due at any time to us from you. If any
amount due and payable by you to us is not paid, upon the giving of fifteen
(15) calendar days prior written notice, we may, at our absolute discretion and
without notice, suspend or cease providing all or any part of the Logistics
Services without any liability whatsoever to you or any third party and, at our
absolute discretion, may proceed to sell the Shipments by way of public auction
or private tender without further notice. Our rights are reserved for any
shortfall subsequent to the disposal of the Shipments.
II.
If you are availing the Payment
Services from us, you agree to be bound by the following terms and conditions:
1. Payment Services:
(a) In order to facilitate the purchase of Products by Buyer(s), we have
(either ourselves or
through third-parties) entered into arrangements with various third-party payment providers
such as pre-paid cash cards, wallets, banks, or financial institutions and such
other entities ("Payment Instrument(s)") as may be determined
by us, in our sole discretion, which shall enable the Buyer(s) to pay for the
Orders placed by the Buyer(s) on the Platform.
(b) Buyer(s) hereby agrees and acknowledges that we shall collect the
payment, for the Orders placed by the Buyer(s), on behalf of the Seller. By
availing the Payment Services, Buyer(s) authorizes us and our authorized
representatives to collect the transaction amount payable for an Order from the
Buyer(s), on behalf of the Seller, and process, facilitate and remit the
payments to the Seller.
(c) Upon placement of Order on Platform, Buyer(s) shall be able to make
payment for the Order placed by the Buyer(s) for completing the transaction
through one of the Payment Instruments or methods of payment prescribed by us
and made available, from time to time, on the Platform.
(d) At the time of placing the Order on Platform, we may in our sole
discretion require Buyer(s) to pay an token amount equivalent to a certain
percentage of the value of the Product(s) purchased from the Seller (“Token Amount”).
Such Token Amount payable by the Buyer(s) shall in no event exceed the
transaction amount for an Order. The Token Amount shall be non-interest bearing
and shall be held in trust by us. This Token Amount shall be adjusted from
payment received from the Buyer(s) against the Order delivered. In the event of
any cancellation of the Order by the Buyer(s), we may in our sole discretion
either:
i. refund the Token Amount to the Buyer(s);
ii. forfeit the Token Amount as cancellation fee; or
iii. transfer the Token Amount to the Seller(s).
You agree and acknowledge that our decision in this regard shall be
final and binding. If you do not agree to the above, you may choose not to
transact on the Platform. If you transact on the Platform, it shall be deemed
that you have agreed and accepted the above terms.
(e) Buyer(s) hereby acknowledges that the Buyer(s) is solely responsible
for the transactions / payments made to the Seller for the Products purchased
by the Buyer(s). Buyer(s) hereby acknowledges that we do not have any
obligation, responsibility or liability to verify any transactions
authenticated and/or authorised by the Buyer(s) or its payment instructions.
(f) We do not make any representations pertaining to the information,
content, Products included on or delivery of the Products or otherwise made available
to Buyer(s) and Buyer(s) acknowledges that we are only acting as an
intermediary between the Buyer(s) and the Seller. Buyer(s) hereby further
agrees, acknowledges and confirms that we are not responsible in any way for
the Products purchased by the Buyer(s) from the Seller and it is explicitly
agreed by Buyer(s) that we will not in any way, under any circumstances
whatsoever, be responsible or held liable for Products purchased by Buyer(s)
from the Seller and/or in relation to any issue and/or dispute thereof.
Buyer(s) hereby further agrees, acknowledges and confirms that under the
aforesaid circumstances Buyer’s only recourse will be against the Seller and we
will not be made a party to any such issue and/or dispute between the Buyer(s)
and the Seller.
(g) We shall have the right to block your access to the Payment
Services, if we in our sole discretion determine that the transaction being
undertaken by you is not genuine or suspicious or fraudulent.
(h) Buyer(s) hereby consents and agrees to comply with guidelines,
instructions, requests, etc., as maybe made by us or third party banks or
financial institutions, as the case may be or a payment system provider or
Payment Instrument from time to time, in relation to these Payment Services.
(i) Buyer(s) hereby acknowledges and agrees that we shall not be liable
for failure of any transaction undertaken on Platform for any reason whatsoever
including but not limited to non-performance or omission or commission on the
part of the Seller, deficiency of service and/or Products delivered, technical
errors on the Platform. Buyer(s) further acknowledges that we shall not be
responsible, in any manner whatsoever, for any loss incurred by the Buyer(s)
for a failed / incomplete transaction undertaken by the Buyer(s) using these
Payment Services.
2. Submission of Personal Information:
(a) You agree that the personal information including without limitation
name, address, contact number, credit card details (" Personal
Information") that you provide on the Platform upon registration shall
be made available to us by Platform operator at the time of your availing the
Payment Services. You represent and warrant that, at all times, this Personal
Information will be true, accurate, current and complete.
(b) You agree to maintain and update the Personal Information in case of
any change and shall ensure that the Personal Information provided by you is
true, accurate and complete.
(c) It is hereby clarified that we shall not be liable in any manner
whatsoever for any loss or damage incurred by you or any dispute initiated by
or against you, due any untrue, inaccurate, not current or incomplete Personal
Information provided to us.
(d) You hereby agree, acknowledge and accept that we shall use your
Personal Information in accordance with our Privacy Policy.
3. Cancellation and Refunds:
We hereby undertake and agree, that in the event of a cancellation (if
applicable) or refund request being made by the Buyer(s) or the Seller in
accordance with the returns section of these Terms. All refunds shall be
processed in the same manner as they are received. Refund amount will reflect
in the Buyer’s or Seller’s account, as the case maybe based on respective banks
policies.
4. Limitation of Liability:
(a) You acknowledge that our liability with respect to the Payment
Services shall be limited and shall be as per these terms and conditions.
(b) You acknowledge that the Payment Services are being provided on a
‘as is’ and ‘as available’ basis and may be interrupted while browsing,
transacting, using or uploading information on the Platform. You further agree
that we reserve the right to suspend the Payment Services, forthwith without
assigning any reason whatsoever, at our sole discretion.
(c) You agree and confirm that the Payment Services are being provided
to you on a best efforts basis with all efforts to keep these valid and
subsisting. We shall not in any manner be liable to you for failure or delay in
providing the Payment Services.
(d) You assume the entire risk of using the Payment Services, to the
maximum extent permitted by applicable law, in no event shall we be liable to
you for 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) arising out of the use of, or inability to use or
access of the Payment Services or for any security breach or any virus, bug,
unauthorised intervention, defect, or technical malfunctioning of the website,
whether or not foreseeable and whether or not we have been advised of the
possibility of such damages, or based on any theory of liability, including
breach of contract or warranty, negligence or other tortious action, or any
other claim arising out, of or in connection with, your use of, or access to,
the Payment Services. Further, we shall not be liable to you for any temporary
disablement, permanent discontinuance of the Payment Services by us or for any
consequences resulting from such actions.
(e) Our aggregate liability (inclusive of interest and legal and other
costs) arising under or in connection with Payment Services (whether by reason
of any negligence or any non-fraudulent misrepresentation, any breach of
contract or any express or implied warranty, condition or term of these Terms
or any duty at common law) will not in any way exceed an amount of INR 1000/-.
5. Settlements:
(a) We will transmit the payments for the Orders received from the
Buyers (at the time of delivering the Order(s), i.e., COD Payments) to the
Seller to the Seller’s designated bank account within the following timelines:
(i)
20 (twenty) bank working
days from the date of delivery of the Order to the Buyer, for non-food
product(s), where the settlement shall be made on the working day which is a
Tuesday or a Friday within the aforementioned timeline; and
(ii)
2 (two) bank working
days from the date of delivery of the Order to the Buyer, for products in the
category of food, pharmaceuticals, FMCG, fresh and other fulfilment material
categories.
Provided
that, in case of any returns request raised by the Buyer or any claims or
disputes raised by the Buyer, we shall reserve our right to withhold the
settlement of payments to the Seller(s) until the resolution of such return requests,
claims or disputes, as the case may be.
(b) For Order(s) where the Buyer(s) make online payments
at the time of placing the Order or prior to the delivery of the Order(s), such
payments shall be transmitted to the Seller’s designated bank account within
‘T+3’ bank working days. For the avoidance of doubt, it is clarified that ‘T+3’
shall be the maximum period within which the settlement for such Order(s) shall
be effected. For the purposes of these Terms, herein ‘T’ shall stand for the
date of expiry of the refund period applicable in relation to the Order. ‘T’
shall be calculated in the following manner:
|
Particulars |
Thresholds (in days) |
|
Order date / Payment
date |
N |
|
Average period within
which a seller can dispatch |
5 |
|
Average period of a dispatch
to delivery |
15 |
|
Period of return request |
15 |
|
Return Completion (Return
Pickup + Refund) |
30 |
|
‘T’ (i.e.,
the date of expiry of the refund period) |
N+65 days |
(c) In any of the settlements methods, the Seller will receive the
amount (minus our fee in relation to the Services provided by us (if any), fee charged by the Platform as per the
Terms of Use of the Platform agreed by the User(s) (in case we are instructed by the Platform to
collect such fees on their behalf), and such other amounts due and
payable by the Seller(s) to us or third-parties) (in case we are instructed by such third parties to collect such
monies on their behalf) within the aforesaid timelines.
(d) In case as a Seller(s) you
require us to require us to undertake any additional services which is not
covered under the terms hereof, you and us may enter into a separate agreement
in relation to such services.
(e) We shall be entitled to recover from the Seller, from time to time,
any amounts due from it or incurred by us on account of the following, unless
the same are caused on account of negligence, act or omission of our or its
employees, officers etc.:
i. Chargeback of transactions;
ii. Any penalty or charge which may be levied on us by the Payment
Instruments or the clearing house i.e. Reserve Bank of India or its local
clearing agent (as the case may be) arising, inter alia, for:
iii. excessive Chargeback of transactions or excessive failure of
transactions or excessive buyer disputes and/or any other reason;
iv. any amount due to us from the Sellers
(f) If there are reasonable grounds to suspect that a transaction has
been conducted in breach of any applicable laws or is a fraudulent transaction,
Payment Instruments shall be entitled to suspend or withhold the payments of
the Seller that are due to the Seller, pending enquiries by the Payment
Instruments and till the resolution of such issues.
(g) If any of the issues stated in this clause are caused by or on
behalf of Seller, Seller shall indemnify and hold us harmless against any such
claims made by the Payment Instruments, or the Buyer(s), as the case may be.
(h) In case of an occurrence of a Chargeback event, we reserve our right
to withhold the settlements to the Sellers, pending enquiries by the Payment
Instruments or any regulatory body, as the case may be, till the resolution of
such issues.
(i) In case of any returns request or claims
or disputes, we reserve the right to withhold the settlement of payments to the
Sellers till the resolution of such return requests, claims or disputes, as the
case may be.
III.
Miscellaneous Clauses:
(a) You acknowledge that the Logistics Services and Payment Services are
being provided to you by one or more Third Party Service Providers which are
more fully described under the ‘Definitions’ clause above. You further
acknowledge and agree that Platform has no role to play in the provision
of Logistics Services and Payment Services by such Third Party Service
Providers and you shall not hold the Platform liable for any deficiency in
provision of services by such Third Party Service Providers.
(b) We shall not be liable for any loss arising due to the causes beyond
our control including without limitation, act of god, floods, accidents, fire,
theft, war or any other force majeure event.
(c) All matters of business should be settled exclusively within the
jurisdiction of the Bangalore, Karnataka and shall be subject to exclusive
jurisdiction of courts at Bangalore, Karnataka.
(d) These 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 Terms
for any reason to any person. Subject to the foregoing, these Terms shall bind
and inure to the benefit of each party’s successors and permitted assigns.
(e) By availing the Logistics Services and Payment Services, you
acknowledge and agree to be bound by Privacy Policy. 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 Logistics Services
and Payment Services 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.
(f) We may modify these 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 Terms as updated on the Platform.
(g) The relationship between you and us is one of independent contractors,
and nothing contained in these Terms will be construed to (i) give either party
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.
(h) The invalidity or unenforceability of any provision shall not affect
any other part of these Terms. These Terms read along with the Privacy
Policy, Undelivered Shipment Policy, and such other policies as may be
communicated to you, from time to time, shall constitute the entire
understanding between the parties hereto and all other agreements,
understanding, acknowledgments shall be stand superseded.
