Terms
of Use
This document is an
electronic record in terms of Information Technology Act, 2000 (“IT Act,
2000”), the applicable rules thereunder and the provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
This document is
published in accordance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy and Terms of Use for access to or usage
of https://www.koyambedumarket.in/
website.
The domain name https://www.koyambedumarket.in/,
including the related mobile site and mobile application is owned and operated
by Koyambedu Market Private Limited (hereinafter referred to as 'Koyambedu
Market'), a company incorporated under the Companies Act, 1956, with its
registered office at Koyambedu Market & M/S, Koyambedu Market Pvt Ltd, T/A
118 Koyambedu Wholesale Market, Complex (KWMC) Koyambedu Opp Omni, Bus Stand,
Chennai, Tamil Nadu, 600107.
For the purpose of the
Terms of Use (hereinafter referred to as “ToU”), wherever the context so
requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has
agreed to become a seller on the Koyambedumarket by providing registration data
while registering on the Koyambedumarket using computer systems. The word
‘user’ shall collectively imply a seller, a buyer, and any visitor on the Koyambedumarket
and the terms ‘we’, ‘us’ and ‘our’ shall mean Koyambedumarket.
Your use of the Koyambedumarket
and the features therein is governed by the following terms and conditions
(ToU) including applicable policies available on the Koyambedumarket,
notifications and communications sent to you on the Koyambedumarket which are
incorporated herein by way of reference. If you transact on the Koyambedumarket,
you shall be subject to the policies that are applicable to the Koyambedumarket
for such a transaction. By mere use of the Koyambedumarket you shall be
contracting with Koyambedumarket, and these terms and conditions including the
policies constitute your binding obligations to Koyambedumarket.
When you use any
current or future services provided by us through the Koyambedumarket you will
be subject to the rules, guidelines, policies, terms and conditions applicable
to such services and they shall be deemed incorporated into the ToU and
considered a part and parcel of the ToU. We reserve the right, at our sole
discretion, to change, modify, add, or remove portions of the ToU at any time.
We will notify you through any of the communication modes as mentioned in this
ToU in case of any changes or updates to the ToU that materially impact your
use of the Koyambedumarket. Your continued use of the Koyambedumarket following
the changes or updates will mean that you accept and agree to the revisions. As
long as you comply with the ToU, we grant you a personal, non-exclusive,
non-transferable, and limited privilege to enter and use the Koyambedumarket.
Any changes in Terms
and Conditions will be intimated priorly via SMS, Email, Push Notifications
ACCESSING, BROWSING, OR
OTHERWISE USING THE KOYAMBEDUMARKET INDICATES YOUR AGREEMENT WITH ALL THE TERMS
AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting the ToU, you also accept and agree to be
bound by all of Koyambedu Market’s policies applicable to you, as amended, from
time to time.
Seller
Eligibility
The use of the Koyambedumarket
is available 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 Koyambedumarket. If
you are a minor i.e. under the age of 18 years, you shall not register as a
seller on the Koyambedumarket, transact or use the Koyambedumarket. Koyambedumarket
reserves the right to terminate your registration and/or refuse you access to
the Koyambedumarket if it is brought to Koyambedumarket’s notice or discovered
that you are under the age of 18 years. If you register as a business entity,
you represent that you are duly authorized by the business entity to accept the
ToU and you have the authority to bind the business entity to the ToU.
Your
Account and Registration Obligations
In the course of your
use of the Koyambedumarket, you agree to furnish your details and information
as requested by us from time to time. You shall remain responsible for
maintaining confidentiality of this information, as well as your display name,
login and password details. You agree that if you provide any information which
is untrue, inaccurate, not current, or incomplete or we have reasonable grounds
to suspect that such information is untrue, inaccurate, not current,
incomplete, or not in accordance with the ToU, we shall have the right to
suspend or terminate your account on the Koyambedumarket or indefinitely block
you from accessing the Koyambedumarket.
Seller
Account Deactivation:
As per our policy, if a
seller requests for a closure of the account, the account will be put on hold
for a period of 90 days to ensure smooth closure of transactions which have
been made prior to his closure request and this will be available to the said
seller for downloading payment and taxation reports, if required. After 90
days, the seller would be required to reach out to us confirming that he has
downloaded the reports and requesting for a deactivation again. Upon receiving
this confirmation, the seller’s account will be deactivated provided there are
no outstanding payments due from the seller, with certain information being
retained by Koyambedumarket at all times, such as registered mobile number,
registered email ID, GSTIN and other transaction related information. Such
information is being retained for audit purposes and to prevent fraudulent acts
by the sellers in the future. If a seller decides to commence his business with
Koyambedumarket again, he/she will not be able to create a new account but the
older account can be restored if it is required.
Communications
When you use the Koyambedumarket
or send emails, other data, information, or communication to us, you agree and
understand that you are communicating with us through electronic records and
you consent to receive communications via electronic records from us
periodically or as and when required. We may communicate with you by email or
any other mode of communication, electronic or otherwise.
Platform
for Transaction and Communication
The Koyambedumarket is
a Platform that users utilize to independently meet and interact with one
another for their transactions. Koyambedumarket is not and cannot be a party to
any transaction or dispute between users on the Koyambedumarket.
Consequently:
1. All commercial/contractual terms are offered
by you and agreed upon between you and buyers alone. The commercial/contractual
terms include (without limitation) price, shipping costs, payment methods and
terms, date, period, and mode of delivery, and warranties related to products. Koyambedumarket
does not determine, advice, have any control, or in any way involve itself in
the offering or acceptance of such commercial/contractual terms between you and
buyers.
2. Koyambedumarket does not make any
representations or warranties regarding specifics (such as quality, value, and saleability)
of the products proposed to be sold, offered to be sold or purchased on the Koyambedumarket.
Koyambedumarket does not implicitly or explicitly support or endorse the sale
or purchase of any products on the Koyambedumarket. Koyambedumarket accepts no
liability for any errors or omissions of third parties in relation to the
products.
3. Koyambedumarket is not responsible for any
non-performance or breach of any contract between you and buyers. Koyambedumarket
cannot and does not guarantee that you and buyers concerned will perform
transaction(s) concluded on the Koyambedumarket. Koyambedumarket shall not and
is not required to mediate or resolve disputes or disagreements between you and
buyers.
4. Koyambedumarket does not make any
representations or warranties regarding item-specifics (such as legal title,
creditworthiness, identity, etc.) of any of its users. You are advised to
independently verify the bona fides of any particular buyer you choose to deal
with on the Koyambedumarket and use your best judgment in that regard.
5. Koyambedumarket does not at any point in time
during a transaction between you and a buyer on the Koyambedumarket come into
or take possession of any of the products offered by you, gain title to or have
any rights or claims over the products offered by you to the buyer.
6. At no time shall Koyambedumarket hold any
right/title to or interest in the items nor have any obligations or liabilities
with respect to such a contract. Koyambedumarket is not responsible for
unsatisfactory or damages, or delays as a result of items which are out of
stock, unavailable, or back-ordered.
7. The Koyambedumarket is only a Koyambedumarket
that can be utilized by you to reach a larger customer base to sell items. Koyambedumarket
only provides a Koyambedumarket for communication and it is agreed that the
contract for sale of any products shall be a strictly bipartite contract
between you and the buyer.
8. You release and indemnify Koyambedumarket
and/or any of its officers and representatives from any cost, damage, liability
or other consequence of any of the actions of the users on the Koyambedumarket and
specifically waive any claims that you may have in this behalf under any
applicable law. Notwithstanding its reasonable efforts on that behalf, Koyambedumarket
cannot control the information provided by other users which is made available
on the Koyambedumarket. You may find another user's information to be
offensive, harmful, inaccurate or deceptive. Please use caution and practice
safe trading when using the Koyambedumarket. Please note that there may be
risks in dealing with underage persons or people acting under false pretence.
Use
of the Koyambedumarket
You agree and
understand that Koyambedumarket and the Koyambedumarket merely provide hosting
services to its registered users and persons browsing/visiting the Koyambedumarket.
All items advertised / listed and the contents therein are advertised and
listed by registered users and are third party user generated contents. Koyambedumarket
shall bear no responsibility or liability in relation to or arising out of
third-party user generated content. Koyambedumarket 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. Koyambedumarket 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 Koyambedumarket 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,
libellous, 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);
(n) tries to gain
unauthorized access or exceeds the scope of authorized access to the Koyambedumarket,
profiles, blogs, communities, account information, bulletins, friend requests,
or other areas of the Koyambedumarket, or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users on
the Koyambedumarket;
(o) engages in
commercial activities and/or sales such as contests, sweepstakes, barter,
advertising, pyramid schemes, or the buying or selling of ‘virtual’ items
related to the Koyambedumarket without our prior written consent.
Throughout the ToU, Koyambedumarket’s
prior written consent means a communication coming from Koyambedumarket’s Legal
Department in response to your request and specifically addressing the
activities or conduct for which you have sought authorization;
(p) solicits gambling
or engages in any gambling activity which we, at our sole discretion, believe
is or could be construed as being illegal;
(q) interferes with
another’s use and enjoyment of the Koyambedumarket;
(r) refers to any
website/URL which, at our sole discretion, contains material that is
inappropriate for the Koyambedumarket or any other website and content that is
prohibited or violates the letter and spirit of ToU;
(s) harms minors in any
way;
(t) infringes any
patent, trademark, copyright, proprietary rights, third-party’s trade secrets,
rights of publicity, or privacy, is fraudulent, or involves the sale of
counterfeit or stolen items;
(u) violates any law
for the time being in force;
(v) deceives or
misleads the addressee/ users about the origin of messages or communicates any
information which is grossly offensive or menacing in nature;
(w) impersonates
another person;
(x) contains software
viruses or any other computer codes, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer resource; or contains any
trojan horses, worms, time bombs, cancelbots, Easter eggs, or other computer
programming routines that may damage, detrimentally interfere with, diminish
value of, surreptitiously intercept, or expropriate any system, data, or
personal information;
(y) threatens the
unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign states, or public order or causes incitement to the commission of
any offence or prevents investigation of any offence or is insulting any other
nation; offends the religious and national sentiments of the nation as included
in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’
policy.
(z) shall, directly or
indirectly, offer or attempt to offer trade or attempt to trade in any item
which is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force;
(aa) shall create
liability for us or cause us to lose (in whole or part) the services of our
Internet Service Provider (“ISPs”) or other suppliers.
2. You shall not use
any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program,
algorithm, methodology, or any similar or equivalent manual process to access,
acquire, copy, monitor any portion of the Koyambedumarket or content or in any way reproduce, or
circumvent the navigational structure, presentation of the Koyambedumarket , or
any content to obtain or attempt to obtain any material, documents, or
information through any means not purposely made available through the Koyambedumarket
. We reserve our right to bar any such activities.
3. You shall not attempt to gain unauthorized
access to any portion or feature of the Koyambedumarket, other systems,
networks connected to the Koyambedumarket, server, computer, network, or the
services offered on or through the Koyambedumarket by hacking, password
‘mining’, or any other illegitimate means.
4. You shall not probe, scan or test the
vulnerability of the Koyambedumarket or any network connected to the Koyambedumarket
or breach the security, authentication measures on the Koyambedumarket or any
network connected to the Koyambedumarket. You may not reverse look-up, trace or
seek to trace information on any other user of or visitor to Koyambedumarket (including any account on the Koyambedumarket that is not owned by you) or to its source or
exploit the Koyambedumarket , any service, information made available, or
offered by or through the Koyambedumarket in any way where the purpose is to reveal any
information (including but not limited to personal identification or
information other than your own information) provided by the Koyambedumarket .
5.You shall not make
any negative, denigrating, or defamatory statement(s)/comment(s) about us, the
brand name or domain name used by us, including the terms Koyambedumarket,
Koyembedumarket, Koyambedumarket.in or otherwise engage in any conduct or
action that might tarnish the image or reputation of Koyembedumarket or sellers
on the Koyambedumarket or otherwise
tarnish or dilute any Koyembedumarket trademark, service marks, trade name
and/or goodwill associated with such trade, service marks or trade name as may
be owned or used by us. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on the infrastructure
of the Koyambedumarket or Koyambedumarket’s systems, networks, or any systems
or networks connected to Koyambedumarket.
6. You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of the Koyambedumarket,
any transaction being conducted on the Koyambedumarket or any other person’s
use of the Koyembedumarket.
7. You shall not forge headers or otherwise
manipulate identifiers in order to disguise the origin of any message,
transmittal you send to us on or through the Koyambedumarket, or any service
offered on or through the Koyembedumarket. You may not pretend that you are or
represent someone else or impersonate any other individual or entity.
8. You may not use the Koyembedumarket or any
content for any purpose that is unlawful or prohibited by the ToU or to solicit
the performance of any illegal activity or other activity which infringes the
rights of Koyambedumarket and/or others.
9. You shall at all times ensure full compliance
with the applicable provisions of the Information Technology Act, 2000, and the
other rules thereunder as applicable and amended from time to time and also all
applicable domestic laws, rules and regulations (including the provisions of
any applicable Exchange Control Laws or Regulations in force) and International
Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including,
but not limited to Integrated Goods and Services Tax Act, Central Goods and
Services Tax Act, Food Safety and Standards Authority of India (FSSAI),
relevant State Goods and Services Tax Act or Union Territories Goods and
Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain
the necessary licences and permits regarding your use of our Koyambedumarket ,
service and/or tools and your listing, purchase, solicitation of offers to
purchase, and sale of items or services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any
applicable law including exchange control laws or regulations for the time
being in force. In particular you shall ensure that if any of your items listed
on the Koyambedumarket qualifies as an "Antiquity" or "Art
treasure" as defined in the Act ("Artwork"), you shall indicate
that such Artwork is "non-exportable" and sold subject to the
provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure
that it is not delivered to any buyer at any place outside India.
10. You shall strictly
comply with the OFAC Regulations and Other Applicable Sanctions Regulations as
may be amended from time to time. The extant Trade Compliance Policy Statement
is available at the Seller Learning Centre.
11. Solely to enable us
to use the information you provide us with and so that we do not violate any
rights you might have in your information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and
sub-licensable (through multiple-tiers) right to exercise the copyright,
publicity or database rights or any other rights you have in your information
for any current or future promotional or advertising related activities and any
business purposes of Koyambedumarket.
12. From time to time
you shall be responsible for providing information relating to the items
proposed to be sold by you. In this connection, you undertake that all such
information shall be accurate in all respects. You shall not exaggerate or over
emphasize the attributes of such items so as to mislead other users on the Koyambedumarket
in any manner.
13. You shall not
engage in advertising or solicitation of other sellers on the Koyambedumarket to
buy or sell any products, including but not limited to products related to what
is displayed on the Koyambedumarket. You may not transmit any chain letters or
unsolicited commercial or junk email to other users acquired/via the Koyambedumarket.
It shall be a violation of the ToU to use any information obtained from the Koyambedumarket
in order to harass, abuse, or harm others or contact, advertise and sell to or
solicit persons other than those who have chosen to buy from you. You
understand that we have the right at all times to disclose any information
(including the identity of the persons who have provided information or
material on the Koyambedumarket) as necessary to satisfy any law, regulation,
or valid governmental request. This may include, without limitation, disclosure
of the information in connection with the investigation of an alleged illegal
activity or its solicitation and/or response to a lawful court order or
subpoena. In addition, we can (and you hereby expressly authorized us to)
disclose any information about you to law enforcement or other government
officials as we, at our sole discretion, deem necessary or appropriate in connection
with the investigation and/or resolution of possible crimes, especially those
that may involve personal injury. We reserve the right, but have no obligation,
to monitor the material posted on the Koyambedumarket. Koyambedumarket shall
have the right, at its sole discretion, to remove any content that violates or
is alleged to violate any applicable law or either the spirit or letter of the
ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH
THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such
content posted does not reflect Koyambedumarket’s views. In no event shall Koyambedumarket
assume or have any responsibility or liability for any content posted on the Koyambedumarket
or claims, damages, or losses resulting from its use and/or appearance of it on
the Koyambedumarket. You hereby represent and warrant that you have necessary
rights to all the content you provide and all information it contains and that
such content shall not infringe any proprietary or other rights of third
parties or contain any misleading, libellous, tortious, or otherwise unlawful
information.
14. Your correspondence
or business dealings with or participation in the promotion of advertisers on
or through the Koyambedumarket (including payment and delivery of related
products, any other terms, conditions, warranties, or representations
associated with such dealings) are solely between you and such advertisers. We
shall not be responsible or liable for any loss or damage of any sort incurred
as a result of such dealings or the presence of such advertisers on the Koyambedumarket.
15. It is possible that
other users (including unauthorized persons or ‘hackers’) may post or transmit
offensive or obscene material on the Koyambedumarket and that you may be
involuntarily exposed to such material. It is also possible for others to
obtain personal information about you due to your use of the Koyambedumarket
and use such information to harass or injure you. We do not approve of such
unauthorized uses but by using the Koyambedumarket, you acknowledge and agree
that we are not responsible for the use of any personal information that you
publicly disclose or share with others on the Koyambedumarket. Please carefully
select the type of information that you publicly disclose or share with others
on the Koyambedumarket.
16. Koyambedumarket
shall have all the rights to take necessary action and claim damages that may
occur due to your involvement/participation in any way on your own or through
group(s) of people, intentionally or unintentionally, in DoS (denial of
service) / DDoS (Distributed Denial of Services).
17. Koyambedumarket
and/or its affiliates may from time to time in partnership/association with its
partners and/or third-party sponsors, organise/enable promotional campaigns on
the Koyambedumarket for the benefits of the customers/Sellers. Partners/third
party sponsors may prescribe certain objective qualifying criteria to identify
Sellers who will be eligible for the benefits of the campaign. All Sellers who
qualify based on the objective criteria provided by such sponsors of the
campaign will be auto opted-in and be able to obtain the benefits of such
promotional campaign. In the event any Seller does not qualify based on the
objective criteria, Sellers may choose to participate in such campaigns by
expressly opting-in for them. In the event a Seller opts in for such
promotional campaigns that they are not eligible for to enhance their sales,
they will have to bear the cost of such promotional campaigns, if any, limited
to the sales of their products. For avoidance of any doubt, some Sellers may
qualify, and some may not, based on the qualifying criteria set for each
individual campaign. Please refer to the campaign communication/notifications
for more details, as may be communicated to you from time to time.
Selling
As a registered seller,
you shall list item(s) for sale on the Koyambedumarket in accordance with the policies
which are incorporated by way of reference in this ToU. You must be legally
able to sell the item(s) you list for sale on our Koyambedumarket 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 Koyambedumarket. 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 Koyambedumarket. Koyambedumarket reserves the right to delete such multiple
listings of the same product listed by you in various categories.
Sellers has to provide
the invoice to customers who bought their goods/services. Koyambedumarket is
just a convenience and facilitation services to generate business for you and
customers.
Compliance
on selling of goods
You shall also ensure
full compliance with the provisions of Integrated Goods and Services Tax
(IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and
Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the
goods/services supplied by you.
It is your
responsibility to charge appropriate goods and services taxes on the supplies
effected and remittance of the same to the Government. Koyambedumarket shall not be responsible for
any deficiency and/ or omission on your part.
Pursuant to the tax
collection at source provisions under IGST, CGST and/UTGST or SGST, the portal
would collect tax collection at source at applicable rates on net value of
taxable supplies made through the portal and remit to the appropriate
Government.
In case of any
mismatches on account of tax collection at source, you shall be required to
provide all relevant information to Koyambedumarket to correspond with the
relevant authorities and also in case of any liability accruing on account of
omission shall be your obligation to pay such deficit.
You shall also be
required to provide your GSTIN, without which we will not be able to raise an
invoice on you. In the event that you do not provide your GSTIN number,
transactions on your account will be blocked and orders will not be processed
on your account. In the event of you providing your Input Service Distributor
Registration Number, Koyambedumarket would be issuing an invoice to the ISD GST
registration number as furnished by you.
It is your responsibility to undertake the necessary compliance required
in respect of the said ISD registration number.
In the event of any
conflict between the terms of this clause and any other clause in these terms
of use, the provisions of this clause will prevail.
Content
Posted on the Koyambedumarket
All text, graphics,
seller interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork, notes, messages, emails, billboard postings, drawings,
profiles, opinions, ideas, images, videos, audio files, other material or
information (collectively ‘Content’) are third-party generated Content and Koyambedumarket
has no responsibility or liability over such third-party generated Content as Koyambedumarket
is merely an intermediary for the purposes of this ToU. Except as expressly
provided in the ToU, no part of the Koyambedumarket including the Content may
be copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way (including
‘mirroring’) to any other computer, server, website or other medium for
publication, distribution or any commercial enterprise without Koyambedumarket ’s
prior written consent.
You may use the
information on the products and services made available on the Koyambedumarket for
downloading provided you:
(1) do not remove any
proprietary notice language in all copies of such Content;
(2) use such Content only for your personal,
non-commercial informational purpose and do not copy or post such information
on any networked computer or broadcast it to any media;
(3) make no
modifications to any Content; and
(4) do not make any additional
representations or warranties relating to the Content.
You shall be
responsible for the Content posted or transmitted on the Koyambedumarket by
You. The Content will become our property and you grant us the worldwide,
perpetual, royalty free and transferable rights in such content. We shall be
entitled to, consistent with our privacy policy as adopted in accordance with
applicable law, use the Content or any of its elements for any type of purpose
forever, including, but not limited to, promotional and advertising purposes in
any media, whether now known or hereafter devised or the creation of derivative
work. You agree that any content you post may be used by us, consistent with
this TOU, and you are not entitled to any payment or other compensation for
such use.
Limited
License
Koyambedumarket grants
sellers a limited, non-transferable, non-exclusive, non-sub licensable,
non-assignable and personal license to use "Powered by Koyambedumarket"
and/or “Koyambedumarket.com” name and/or logo on seller’s invoice for
transactions concluded on the Koyambedumarket. Further, Koyambedumarket grants
sellers a limited, non-transferable, non-exclusive, non-sublicensable,
non-assignable and personal license to use “koyambedumarket.com” name and/or
logo on packing material used by sellers for delivery of Products sold on the Koyambedumarket.
Payment
1. Transactions,
transaction price and all commercial terms such as delivery, dispatch of
products 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 Koyembedumarket 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 listed on the Koyambedumarket.
2. You have specifically
authorized Koyambedumarket or its service providers to collect, process,
facilitate, and remit payments and/or the transaction price electronically or
through cash on delivery (CoD) to and from buyers in respect of transactions
through payment facility. Your relationship with Koyambedumarket is on a
principal to principal basis and by accepting the ToU, you agree that Koyambedumarket
is an independent contractor for all purposes and does not have control of or
liability for the products that are listed on the Koyambedumarket and paid for
by using the payment facility. Koyambedumarket does not guarantee the identity
of any User nor does it ensure that a buyer or a seller will complete a
transaction.
3. You understand,
accept, and agree that the payment facility provided by Koyambedumarket 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 (CoD) payment, collection and remittance for transactions
on the Koyambedumarket using the existing authorized banking infrastructure and
credit card payment gateway (PG) network. Further, by providing payment
facility, Koyambedumarket 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 Koyambedumarket’s sole discretion.
In case of COD money
handling fees of 1.5% of sales value, may be deducted from sales value and rest
can be credited within the TAT time. Price may subject to vary based on Third
Party Services Provider T&C
4. 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.
5. Koyambedumarket is
neither a banking nor financial service, the transactions are happened through
Razorpay a third-party integration gateway. If the transactions are not
received properly or timely Koyambedumarket doesn’t take the liability for that
transactions.
6. Sellers Payout will
be every 3 Days /7 Days /15 Days / 30 Days cycle based on Volume of sales
committed by Koyambedumarket.
Dispatch
of products
1. You, as a seller, shall be required to
dispatch the products for every transaction to the buyer within the time period
as provided in the TOU to ensure that the products are delivered in a timely
manner. Further, you will solely be responsible for undertaking transit
insurance for products sold by You on the Koyambedumarket. For avoidance of
doubt, Koyambedumarket will not be responsible for undertaking any insurance(s)
for products sold by sellers on the Koyambedumarket.
2. Seller shall provide dispatch details of
products listed by it on the platform to Koyambedumarket in such a manner and
within a time period as provided in the policies, failing which the transaction
shall stand cancelled.
3. Seller shall dispatch the products 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 Koyambedumarket on
demand within the time frame as notified from time to time.
4. Seller agrees that the dispatch details shall
be true, correct, and duly authorized and shall not be misleading, fraudulent,
false, unauthorized, illegal and shall not contain any misrepresentation of
facts.
5. 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 TOU and may lead to
suspension and/or termination of seller account.
6. Seller agrees that the transaction price paid
by a buyer will be remitted to a seller’s bank account contingent upon the
following events:
a) Buyer confirms the
delivery of products in the transaction;
b) Buyer does not take
any action on payment facility to confirm delivery within such a time period as
provided in the policies despite confirmation of dispatch of products by a
seller to the buyer;
c) Buyer’s refund claim
is rejected by Koyambedumarket due to any breach of the ToU, policies, and any
applicable law;
Once the transaction is
completed by the Seller, the remittance to seller shall be made in accordance
with RBI Intermediary Guidelines.
7. Koyambedumarket
delivers the products locally through Dunzo the third-party delivery partner, read
the term and conditions of Dunzo for their Delivery policy and Koyambedumarket
don’t have the liability for Delivery.
Charges
Registration on the Koyambedumarket
is free. Koyambedumarket does not charge any fee for browsing/registering on
the Koyambedumarket. However, if you are interested to list a product for sale
through the Koyambedumarket, For the first 3 months, platforms subscription fee
will be waived off. For further interest in continuation of our services, any
one of the subscription plans has to be availed. Plans Pricing may subject to
change based on T & C with prior intimation. Koyambedumarket reserves the
right to change its fee policy from time to time. In particular, Koyambedumarket
may, at its sole discretion, introduce new services and modify some or all of
the existing services offered on the Koyambedumarket. In such an event, Koyambedumarket
reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing services, as the case may be. Changes to the
fee policy shall be posted on the Koyambedumarket and such changes shall
automatically become effective immediately after they are posted on the Koyambedumarket.
Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and
payable to Koyambedumarket. You shall be solely responsible for compliance with
all applicable laws for making payments to Koyambedumarket. You hereby agree
that Koyambedumarket shall have the right to set off any amounts due and
payable by You to Koyambedumarket against any payments due from Koyambedumarket
to You.
GST
/Taxes: You are
responsible for paying all fees associated with the use of the Koyambedumarket and
charges collected in respect of such usage.
You agree to bear any and all applicable taxes, charges, cesses levied
thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable
to the transaction).
1. A seller agrees that Koyambedumarket may
offer to provide express remittance to eligible sellers as per payments
settlement policy. Express Remittance shall be subject to RBI Intermediary
Guidelines and arrangements/directions of the nodal bank. Koyambedumarket, at
its sole discretion, may make such an offer to eligible sellers and the same
shall not be construed as a right but only as a privilege. Eligible sellers
understand that Koyambedumarket reserves the right to withdraw Express
Remittance at any time for any violation of the ToU or Koyambedumarket’s
policies and/or failure by the eligible sellers to maintain or comply with the
parameters as may be decided by Koyambedumarket from time to time.
2. Invoice generation:
A seller expressly agrees that issuing correct and complete invoice is the sole
and primary responsibility of a seller. We will assist you with this process by
generating an invoice on your behalf.
For us to generate these invoices, we would need a digital image of your
signature which will be affixed on the invoice. The invoice shall then be
generated and sent to the seller. The seller shall be required to physically
sign the invoice, print the invoice and affix the same on the consignment. The
invoice generated by Koyambedumarket shall be affixed by the seller on the
consignment. Notwithstanding anything else contained in these terms of use, the
seller shall be solely liable for any liability which may be imposed by
taxation authorities for any discrepancy in the invoices.
A seller expressly
agrees that issuing the correct and complete invoice is the sole and primary
responsibility of a seller. Furthermore, the seller shall ensure that invoices
state ‘Powered by Koyambedumarket’ and failing to do so, a seller shall be
liable to chargebacks (as applicable).
3. In case of any
chargebacks levied by the bank, Koyambedumarket shall have the right to deduct
such chargebacks from seller remittances, present and future, and a seller’s
only remedy will be to discuss and resolve the same with the bank. A seller
hereby agrees to extend full co-operation in resolving the chargeback disputes
raised by a buyer through the bank and shall provide necessary documentation
regarding the transaction to the complete satisfaction of the bank. In case the
chargeback is ruled against a seller, Koyambedumarket shall be entitled and
authorized to recover the same from the seller to its fullest extent and the
bank’s decision shall be final and binding in this regard. In the event has
made any excess payment to the seller inadvertently, such excess payments shall
be set-off from any future payments payable by Koyambedumarket to the seller.
4. Koyambedumarket may
delay notifying the payment confirmation, i.e. informing the seller to dispatch
if deems suspicious or a buyer conducts high transaction volumes to ensure
safety of the transaction and transaction price. In addition, Koyambedumarket may
hold transaction price and not inform seller to dispatch or remit transaction
price to law enforcement officials (instead of refunding the same to a buyer)
at the request of law enforcement officials or in the event of a buyer being
engaged in any form of illegal activity.
5. Sellers acknowledge that Koyambedumarket will
not be liable for any damages, interests, claims etc. resulting from not
processing a transaction/transaction price or any delay in processing a
transaction/transaction price that is beyond the control of Koyambedumarket.
6. Koyambedumarket shall
make payments into the bank account provided by a seller during the seller
registration process. Once Koyambedumarket has made payments into such a bank
account number, Koyambedumarket shall be discharged of any/all liabilities
towards the seller and the seller shall not be eligible for any claims
whatsoever.
Compliance
with Laws:
1.Seller shall sign an
undertaking stating that they have obtained and will continue to maintain in
force all the necessary licenses, permissions, authorizations, and permits
needed to distribute, market, supply and sell the [*] (“Products”) on https://www.koyambedumarket.in/
under applicable laws, from time to time, including, the Food Safety and
Standards Act, 2006, Food safety and standards (licensing and registration of
food business), Regulations, 2011 and all applicable legislations under Food
Safety and Standards Regulations, in each case, as amended from time to time.
For all times during which the seller may advertise, distribute, market, supply
or sell the Products on www.Koyambedumarket .com, the undertaking remains true
and correct in all respects. Further, the seller shall immediately notify Koyambedumarket
Internet Private Limited, in writing, upon the lapse of the FSSAI License
and/or in case of receipt of any order, demand, warrant or document or any
regulatory action with respect to the FSSAI License. The seller acknowledges
and agrees that Koyambedumarket Internet Private Limited shall be permitted to
assign or otherwise furnish the undertaking to any authority or person as may
be required for official purposes. Seller shall also comply with the Legal
Metrology Act, 2009 and the related rules and regulations while listing
products on the Platform Koyambedumarket.in. Seller shall be required to enter
the mandatory attributes while listing products on the Koyambedumarket (including
but not limited to the country of origin of the product) as provided under the
Legal Metrology Packaged Commodity Rules and the related amendments.
2. Seller shall comply
with all laws and regulations applicable, including but not limited to
anti-money laundering (including ‘know your customer’ and ‘customer due
diligence’), and economic sanctions laws and regulations. Neither party will
engage in a transaction pursuant to this ToU that will cause the other party to
violate such regulations.
3. Seller shall ensure
that no products are originate wholly or in part, from any of the prohibited
countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.
4. If and to the extent
that you collect, access, use, store, record, or otherwise process
(collectively “Process”) any personally identified or identifiable information
such as name, age, gender, email address, physical address, phone number, in
any form that can be linked to a specific individual (“Personal Information”)
received by you from or on behalf of Koyambedumarket (or any Koyambedumarket group company) employees, contractors, users,
partners, or other third parties or otherwise obtained in connection with
performing your obligations under this ToU (“Koyambedumarket ’s Personal
Information"), you agree to:
comply with applicable
data protection laws, rules and regulations governing the collection, use,
protection, breach notification, retention, disclosure of Personal Information
including but not limited to Information Technology Act, 2000 and the
Information Technology (Reasonable Security practices and procedures and
sensitive personal data or information) Rules, 2011 (“Applicable Data
Protection Law”), including any requirements applicable to storage or
cross-border transfer of Personal Information outside India;
keep and maintain all Koyambedumarket
’s Personal Information in strict confidence and the obligation to protect Personal
Information shall survive in perpetuity; and process Koyambedumarket ’s
Personal Information solely to fulfil Your obligations under this ToU and not
sell, rent, trade, lease, use for its own advertisement or marketing purposes,
or otherwise make an unauthorized disclosure of Koyambedumarket ’s Personal
Information to any third party.
5. If and to the extent
that you provide yours or others’ Personal Information to Koyambedumarket for
processing, you warrant that such Personal Information was collected lawfully,
and there is no restriction on you under the Applicable Data Protection Law,
from providing such Personal Information to Koyambedumarket or any processing
by Koyambedumarket under this ToU. We will only use information provided by you
in accordance with this ToU and our Privacy Policy available at https://www.koyambedumarket.in/.
6. You undertake sole
and exclusive responsibility to ensure that the products you want to list on Koyambedumarket
.com for Sales are permissible for such a Sale and are not prohibited or
restricted per one or many conditions imposed by the extant laws of the land, Koyambedumarket
’s Prohibited and Restricted Items Policy, or other Koyambedumarket policies/Indian
Laws listed in Seller Learning Portal.
7. Products must adhere
to the legal metrology laws and Indian Labelling requirements by ensuring that
the indicated weights and measurement indicated in the products and/or its
components are commensurate with the mandatory and legal requirements of the
same which make the product and/or components accurate, authentic and secure
for consumption/utilisation by the customer. Koyambedumarket does not assume
any responsibility for the proceedings undertaken by an aggrieved customer/consumer
against the seller in the event of a non-adherence. However, in the event of a
complaint from a consumer/customer, the seller is obligated to answer queries
on the non-adherence to the Legal Metrology Laws, failing which Koyambedumarket
can temporarily/indefinitely suspend/terminate/block/with-hold your account at
its own discretion.
Product
Description
Koyambedumarket does
not warrant that product description or other content on the Koyambedumarket is
accurate, complete, reliable, current, or error-free and assumes no liability
in this regard.
Audits
Koyambedumarket shall
have the right to inspect and audit seller’s records and premises / place of
business through itself or through Koyambedumarket approved third party testing
agencies. Cost of such an audit shall solely be borne by Koyambedumarket unless
the audit reflects discrepancy in seller accounts / non-compliance with Koyambedumarket
’s 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, warn
other users of your actions immediately, temporarily/indefinitely
suspend/terminate/block your account and/or refuse you access to the Koyambedumarket,
or put your account on hold, in the event of, including but not limited to, the
following:
1. if you breach the
ToU, privacy policy or other policies (if any);
2. if we are unable to
verify or authenticate any information you provide;
3. if it is believed
that your actions may cause legal liability for you, other users, or us; or
We may at any time, at
our sole discretion, reinstate suspended sellers. A seller that has been
suspended or blocked may not register or attempt to register with us or use the
Koyambedumarket (through itself or any other entity or legal form) in any
manner whatsoever until such time that such a seller is reinstated by us.
Notwithstanding the foregoing, if you breach the ToU or other rules and
policies, we reserve the right to recover any amounts due and owed by you to us
and take strict legal action, including but not limited to a referral to the
appropriate police or other authorities for initiating criminal or other
proceedings against you.
Indemnity
You shall indemnify and
hold harmless Koyambedumarket its owner,
licensee, affiliates, subsidiaries, group companies (as applicable) and their
respective officers, directors, agents, and employees from any claim, demand,
or actions including reasonable attorneys' fees made by any third party or penalty
imposed due to or arising out of your breach of the ToU, privacy policy and
other policies or your violation of any law, rules, regulations or the rights
(including infringement of intellectual property rights) of a third party.
Limitation
of Liability
IN NO EVENT SHALL KOYAMBEDUMARKET
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF
ANY KIND IN CONNECTION WITH THE TOU, EVEN IF KOYAMBEDUMARKET HAS BEEN INFORMED
IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable
Law
The ToU shall be
governed, interpreted, and construed in accordance with the laws of India.
Jurisdictional
Issues/Sale in India Only
Unless otherwise
specified, the material on the Website is presented solely for the purpose of
sale in India. Koyambedumarket makes no representation that the material on the
Website is appropriate or available for use in other locations/countries other
than India. Those who choose to access the Website from other
locations/countries other than India do so on their own initiative and Koyambedumarket
is not responsible for supply of products/refund for the products ordered from
other locations/countries other than India and compliance with local laws, if
and to the extent local laws are applicable.
Contact
Us
Please send any comments
or questions, including all enquiries not related to trademark and copyright
infringement, by raising an incident from your seller dashboard.
