Terms And Conditions
1. Definitions
Aggregator shall mean merchant aggregator that has organised exhibition of for displaying the Products/Services of the Merchants on the Platform.
Company shall mean WebonEcomm Private Limited, M124, Phase IV, MIDC, Shivni, Akola – 444104 Maharashtra, India.
Merchants shall mean Merchants who have executed an agreement with the Aggregator for displaying their products/services (“Products”) through the Platform to the Users at their shop or at virtual/physical trade fair or at the Manufacturing Facility.
2. INTRODUCTION
2.1 This document is an electronic record in terms of Information Technology Act,2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various status 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 signature.
2.2 This document is published in line with the provisions of Information Technology Act (intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and these Terms of Use (“Terms”) byWebonEcomm Private Limited(“Company” or “We” or “Us” or “Our”) for access or usage of the Company mobile application (“App”) or website (“Website”) of the Company (Hereinafter referred to as “Platform”).
3. SERVICES
3.1 The User of the Platform may avail the Services by downloading the mobile App on its registered mobile or accessing or using Website of the Company as per these terms and conditions.
3.2 The User may avail any of the following services (“Services”) from the Company-
a) The User may view the products of the Merchants stored at the Merchant shop registered with the Company online through the Platform and purchase the said products from the Merchant (“Shop Services”)
b) The User may enter in to the trade exhibition through the Platform (“Trade Exhibition”) and visit the stalls available on the Platform / as per the timeslots granted to the User and purchase / view the product from the Merchant participated in the Trade Exhibition (“Trade Exhibition Services”).
c) The User may visit the Manufacturing Facility of the Merchant through the Platform (“Manufacturing Facility”) for viewing the live manufacturing / demo/demonstration of the Products manufactured at such Manufacturing Facility at the sole discretion of the Merchant and/or purchase the Product from the Merchant (“Manufacturing Facility Services”)
d) Product booking facility shall be available i.e. User may orally raise request to book Products of the Merchant on the Platform during the discussion with the Merchant and subject to availability the Merchant would add it to cart. However this facility shall be limited to showing the booked Products in the cart on the Platform and the User shall not be able to pay any money to the Merchant for purchase of the Products or do any other transaction in relation to the said Product including raising any request or complaint. The User shall directly deal with the said Merchant for purchase of the said Product, delivery of the Products and or any other issues in relation to the said Products and the Company shall not be responsible for any issues and dispute in relation to the same. Even for the sake of the clarity the User shall directly deal with the Merchant for chargeback and refund related issues.
3.3 The User shall avail the Services/Products as per the available time slot / real time on the Platform at the discretion of the Merchant/Aggregator/Company. The User agrees that the time slot for availing the Services shall be given at the sole discretion of the Company and/or Aggregator and/or the Merchant and any time slot allotted to the User can be changed, modified or cancelled at the sole discretion of the Company and/or Aggregator and/or the Merchant. The User shall have no issues in relation to the same.
3.4 The User agrees that the Products of the Merchants shall be uploaded and/or displayedon the Platform through the video cameras installed/provided at the Merchant location and which cameras shall always be subject to various issues which is including but not limited to internet bandwidth, availability of sufficient lights, sun light at the Merchant location, noise including background noise, blur, availability of personnel, personal/technicalreasons etc and the User shall take any decision in relation to the Products and/or purchase of the Products at its sole discretion and the Company shall not be responsible and liable for any such decision taken by the User on the basis of the Services/Platform. It shall be sole responsibility and liability of the User to check the quality, quantity, purity, visibility, deficiency etc of the Products at its end before purchasing the said Products from the Merchant and the User shall not rely only on the Services/Platform.
3.5 The Merchant and/or Aggregatorreserves the right to cancel/reschedule the Trade Exhibition/Products Sale/Services at any time at its own discretion. Also the Company reserves the right to cancel/reschedule the Trade Exhibition / any Platform Services at any time without any notice to the User at its discretion. The User shall directly get in touch with the Merchant /Aggregator if any Trade Exhibition/ Products Sale/Services cancelled or rescheduled or any issues in relation to the Trade Exhibition /Products Sale/Services.
3.6 The Aggregator shall share the contact details of the Merchant with the User for raising any issues and claims in relation to the cancellation or rescheduling of the Trade Exhibition for the same and/or for any other issues in relation thereto.
3.7 The User agrees that it shall directly deal with the Merchant for any chargeback and refund claims subject to the terms and conditions of the Merchant and the Aggregator. The User agrees to obtain the copy of such terms from Merchants, read the same before availing the services/products from the Merchant. The User agrees, declares and confirms that the Platform does not support any purchase and sale transaction and is available only for viewing the exhibition/shop/manufacturing facility/Products of the Merchant. .
3.8 The Company does not warrant and give any guarantee for the Services/Products of the Merchant and/or Aggregator and hence in case of any issues in relation to the Services/Productsthe User shall directly get in touch with such Merchant and/or Aggregator and the Company shall not be responsible and liable for the same.
3.9 The User is aware and agree that the transaction of sale and purchase of the Products shall be between the User and the Merchant directly and Company shall not be party to it and such transaction shall not be related to the Platform or Services.
4. TERMS IN RELATION TO THE PRODUCTS
4.1 The User agrees that the Products displayed by the Merchant through the Platform belong to the Merchant and any issues and disputes in relation to the said Products shall be responsibility of the Merchant and/or the Aggregator and the Company shall not be responsible and liable for the same.
4.2 The User shall ensure to satisfy itself fully with the Products, its quantity, quality, purity, services, after sale servicesetcof the Merchant/Aggregator before ordering/availing the Product from the Merchant/Aggregator. The Company is just a technology Platform which may help the User to connect with the Merchant/Aggregatorfor viewing the Services/Products and has no role to play in sale, distribution, delivery of the Product and/or in relation to the Products and/or User transaction with the Merchant/Aggregator in relation to the Products or otherwise.
4.3 The Company will take reasonable efforts to make due diligence of the Merchant/Aggregator. However the Company does not control the Products, quality, quantity, purity of the Products, location of the shop of the Merchant/Aggregator, the stock with the Merchant/Aggregator, genuineness of the Merchant/Aggregator, visuals and Products shown on the Platform by the Merchant through the camera/display, any communication between User and the Merchant through the Platform or otherwise and/or any other issues and disputes in relation to the Products and the Merchant. The User shall directly get in touch with the Merchant for the resolution of any issues and disputes in relation to the Products and/or any transaction with the said Merchant.
4.4 The Company does not warrant and guarantee status, financial stability, capability including Product delivery capability of the Merchant and User shall make its own decisions before giving any orders to the Merchant including small and bulk orders.
4.5 The User agrees that the Merchant terms and conditions, privacy policy and other policies and terms as may be levied by the Merchant shall be applicable to the User for purchasing the Product and/or for visiting the shop/exhibition/ manufacturing facility of the Merchant availing Services and the User agrees to ensure that it reads the said terms and conditions and policies etc carefully before availing the Services and/or purchasing the Products from the Merchant.
4.6 The User hereby give express consent to the Company, to use and share the User information shared by User which is including but not limited to mobile number, name, address and other Kyc information of the User, with its third party service providers, consultants, employees, legal advisors, legal and regulatory authoritiesetc, Merchant and /or any other person for the purpose of providing Services/Platform under these Terms. The Company may also use the said information of the User for sending the marketing campaigns, promotional messages etc in relation to the Products and/or the Services and or for providing the Platform/Services and other services to the User. The User agrees that the Company may send the promotional messages, marketing campaigns etcthrough mobile App, Platform, on the emails, mobile number of the User or through any other available modes and the User shall have no objection in relation to the same. .
5. VIDEO AND THE DISCUSSION FACILITY
5.1 The live images of the Merchant and/or Products and/or Services shall be as is and as available basis and as shown by the Merchant to the User. The Company does not control what Merchant will show to the Users. Our obligation in case of any issues arising out of any visuals shown / interactions done by Merchant to the User shall be to ban the Merchant from the Platform after considering the genuineness of the complaint received from the Merchant and checking the available data/recordings of such videos available with the Company. If such records are not available due to any reason whatsoever then the decision of the Company shall be final and binding on the User.
5.2 The User agrees that the Company may record the videos of live chat between the User and the Merchant on the Platform and also record the discussion between the Merchant and the User and save the said live chat videos and recording of the discussion with the Company for the period as may be determined by the Company at its sole discretion. The recording of the live video images and the voice recording of the discussion available with the Company shall be conclusive proofs in case of any dispute.
5.3 The User agree and confirm that the User does not have any objection if the Company records and stores the videos and the discussions through the Platform between the Merchant and the User and keep the copy of the same for records with the Company and use it as a proof and/or share it with any legal and/or regulatory authority and/or Aggregator /Merchant or use or share it for the purpose of providing Services /Platform under these Terms.
5.4 The User agrees to submit the necessary details including name, kyc details, phone number and/or any other information requested by the Company for registering on the Platform and for availing Services under these Terms and hereby gives express consent to share such details with Merchant and Aggregators for the purpose of these terms. However use of such information by Merchant and Aggregator shall be as per their terms and the privacy policies and the User shall read those before making any transaction with the Merchant /Aggregator and/or availing the Services/Platform.
6. FEES / CHARGESAND PAYMENT
6.1 The User agrees that the Company may charge the fees/commission to the User for availing Services from the Company. The User shall be liable to pay the fees for availing Services to the Company as set-out in these Terms and/or as published on the Platform by the Company and/or as communicated by the Company to the Users from time to time.
6.2 The User agrees that any fees levied by the Company shall be exclusive of taxes and levies and shall be non refundable.
6.3 The Company shall not be liable and responsible for any fees /charges/commission and/or other charges levied by the Merchant on the User and the User shall directly deal with any issues in relation to the same with the Merchant. For the sake of the clarity any financial transaction between User and Merchant shall not be related to the Platform and the Services and the User shall directly deal with the Merchant in relation to the same subject to the Applicable laws.
7. INTERNET
The User shall ensure that the User has necessary high speed internet at Users cost connectivity for availing the Services/Platform.
8. SAFTY AND SECURITY
The User shall not share its password / account details / any financial transaction/any personal / a/c credentials with any third party for use. The Company shall not be responsible and liable for any fraud, issues, disputes, litigation etc arising out of and related to sharing of the password/above credentials of the Platform/ App by the User with any third party or any hacking of the said Platform by the third party and use thereof. The User shall keep the App downloaded on its mobile/any gadget safe and secure.
9. INTELLECTUAL PROPERTY
The User agrees that the intellectual property in the App and the Platform and Services is owned and/or licensed by/to the Company and the User shall not claim any right on the same. Also User shall not use logo, trade mark, trade name or any intellectual property of the Company, Merchant/Aggregator without prior written consent of the Company.
10. REPRESENTATION AND WARRANTIES OF THE USER
The User represents and warrants to the Company that -
10.1 it has full power and authority to enter into, execute and deliver the Terms and to perform its obligations hereunder;
10.2 assuming the due authorisation, execution and delivery hereof by the User the Terms constitutes a legal, valid and binding obligation of User, enforceable against it in accordance with its terms;
10.3 the User is above 18 years of age and is resident of India;
10.4 the execution, delivery and performance of these Terms by it and the consummation of the transactions contemplated hereunder will not : (a) conflict with or result in any breach or violation of any of the terms and conditions of , or constitute (or with notice or lapse of time or both constitute) a default under, any instrument, contract or other agreement to which it is a party or by which it is bound (b) violate any order, judgement or decree against or binding upon (c) any Applicable Law by which it is bound;
10.5 there is no proceeding or investigation pending or to the best of its knowledge currently threatened that may adversely impact the valid of these Terms or its right to enter in to these Terms or consummation of the transactions contemplated hereby
10.6 It shall comply with all applicable laws.
10.7 It shall verify the Merchant and conduct its own due diligence of the Merchant before giving any order for purchase of the Product from the Merchantdirectly from the Merchant.
10.8 It understand that the Platform is mere technology platform which connects the User with the Merchant and Company shall not be responsible and liable for any issues and disputes between the User and the Merchant in relation to the Products/purchase of Products/Services and/or otherwise and it shall directly resolve such disputes and issues with the Merchant.
10.9 It shall comply with all policies of the Company including the privacy policy of the Company.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
11.1 The User shall indemnify, defend and hold the Company, its officers, directors and employees (“Indemnified Parties”) harmless from and against any and all losses and /or actions (including reasonable attorney’s fees and court costs) incurred, suffered by or otherwise threatened against any of them, resulting from or arising out of or in connection with breach of any representations or warranties of the User, the Terms or any non-compliance of any covenant, obligation, undertaking or terms of or under these Terms by the User, any transaction between Merchant and the User, any disputes and issues in relation to the Products which is including but not limited to transaction, quality, quantity, purity or the Products etc
11.2 TO the maximum extent permitted by Applicable Law, in no event shall the Company be liable to the User for any special, incidental, indirect or consequential damages whatsoever (including without limitation damages for loss of profits, loss of revenue, loss of opportunity, loss of goodwill, business interruption or any other similar loss, damages) arising out of the use of or inability to use the Products/Services/Platform or any other subject matter relating to the Terms even if the said User has been advised of the possibility of such damages.
11.3 The total liability of the Company in case of any issues and disputes under these Terms shall not be more than Rs.200/-(Rs. Two hundred only).
12. TERMINATION –
12.1 These Terms may be terminated by either Party by giving 30(thirty) days notice to the other party.
12.2 The Company may terminate or suspend these Terms and/or access to the Platform/Services any time without giving any notice in case of business exigency, regulatory or legal requirement, business/operational requirements, in case Company suspect any fraud, suspicious transaction, if the User is minor and/or for any other reasons which Company presumes to be against the interest of the Company and /or its brand image.
12.3 These Terms may be terminated by the Company immediately if the User breach any of the Terms, representations, warranties, covenants or obligations under these Terms.
13. CONFIDENTIAL INFORMATION
The User shall treat all information shared by the Company as strictly confidential and shall not reveal to any third party, without the prior written consent of the Company, any confidential information, whether provided in tangible form, by electronic media, by visual display or orally, received or obtained as a result of entering in to or performing these Terms which relates to the provisions or the subject matter of the Terms or any document referred to herein or the Company herein (“Information”) and the User shall not whether directly or indirectly disclose or permit the disclosure of such information to any third party without the prior written consent of the Company. Further the User use the Confidential Information only for the purposes of the Terms. The confidentiality obligation shall survive termination of these Terms. The User shall return or destroy the Confidential Information at the option of the Company. The User shall provide the confirmation to that effect to the Company.
The User shall not use, trade name, trademarks, service marks, any other intellectual property of the Company without prior written consent of the Company and if the consent is granted by the Company the User shall use the said intellectual property only for the purpose of the Terms.
14. FORCE MAJEURE
In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, pandemic, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, technology issues, internet issues etc. It is being understood that the Company shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances. In case if the Force Majeure continues for the period of 30(thirty) days either party may terminate these Terms.
15. NO WARRANTY
THE COMPANY MAKESNO WARRANTIES OR GIVES NO GUARANTEE OF ANY KIND, INCLUDING BUT NOT LIMITED TO WITH RESPECT TO THE PLATFORM,WEBSITE, APP AND SERVCIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, APP , SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS
16. MISCELLENEOUS
16.1 Assignment – The User shall not assign its rights and obligation under the Terms to any third party without prior written consent of the Company.
16.2 These Terms may be modified or amended by the Company at its discretion at any time by publishing such modified or amended Terms on the Platform. The User shall keep itself updated with the Terms and any amendments and modifications made thereto published on the Platform. The continued use of the Platform/App/Services by the User shall be treated as acceptance of these Terms and any amendments/modifications thereto by the User.
16.3 These terms constitutes the whole agreement between Parties relating to the subject matter hereof and supersedes any prior agreements or understandings relating to such subject matter.
17. GOVERNING LAW AND DISPUTE RESOLUTION
The terms and conditions will be governed by and construed according to the Laws of India. In the event of any dispute arising under or by virtue of these terms and conditions or any difference of opinion between the parties concerning their rights and obligations under the Terms, the parties shall use their best efforts to resolve such dispute or difference amicably by discussion and mutual accord. If the dispute cannot be resolved in this manner within fifteen (15) days, the unresolved claim, dispute or difference shall be finally settled by arbitration under the Arbitration Act, 1996 by a Arbitrator appointed by the Company and will conduct the Arbitration in accordance with its rules for conduct of Arbitration proceedings then in force. Such arbitration shall be the sole and exclusive remedy between the parties with respect to such dispute.
The arbitration shall take place at AKOLA (Maharashtra). The arbitration award shall be final and binding on each Party.