1. DEFINITIONS :
“Company” shall mean Point of Sell Digitech Pvt Ltd., a company registered under the Companies Act, 2013 having its registered office at Nadiad, Gujarat, India.
“POS”; “Us”; “We”; “Our” shall mean the Company;
“Merchants" any natural or legal person who has access to and is using the Platform for the purpose of marketing or selling their products, including but not limited to such users who have not created a User Account and are accessing the Platform without such a User Account;
“Users”, “Merchants” “Sellers” “You” or “Your”;
“User Account” shall be the account, which the Users shall be required to create with the Platform to avail the entire gamut of Services offered by it.
“Platform” shall mean POS that provides a collection of online resources, including classified advertisements, forums, related sites including the mobile application of the platform;
“Products” shall mean the goods and services listed on the Platform by the Merchants for the purposes of marketing and selling such goods and services to Buyers;
2. INTRODUCTION :
This The platform is operated by the Company under the brand POS. The Company offers this Platform, including all information, tools, and services available from this Platform to You, the User, conditioned upon Your acceptance of all terms, conditions, policies, and notices stated here. The User’s use of the Platform and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (“Merchants’ Agreement” or “Terms of Service” or “Terms”), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this Merchants’ Agreement and all the documents referred to hereunder periodically.
In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorized by such entity to consent this Merchants’ The agreement, and such entity agrees to be bound by the terms hereunder.
This Merchants’ Agreement sets forth the legally binding terms of Your use of the Platform and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Platform (“Additional Documents”), which shall be deemed to be a part of this Merchants’ Agreement. In the event of any conflict between the terms of this Merchants’ Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Merchants’ Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Merchants’ Agreement.
3. SCOPE OF THE PLATFORM :
The platform is an e-portal/mobile-based application and web base site for marketing, purchasing, and selling of Products. By visiting our Platform and/ or listing some Product for marketing purposes, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies, as may be laid down under any Additional Documents as referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, information, pictorial representations and/or images (“Content”).
4. EXCLUSION OF LIABILITY :
You are aware and fully understand that Platform is only a platform for prospective buyers and sellers and that:
i. The Merchant shall alone have full legal and moral responsibility and liability for all the Products listed and sold on the Platform. The Company shall bear no liability or responsibility either for the Products being shown in catalog or for the actual goods or services provided to the Buyers by You and all such liability, including financial and legal, shall solely lie with You;
ii. The Merchant shall alone be responsible for procuring all licenses, permits, passes etc. as required by the applicable law for each of the Products listed or sold through the Platform by You. The responsibility lies solely with You for ensuring that the Products being listed or sold are permitted for advertising, listing, and sale under applicable laws;
iii. It is Merchant’s responsibility to not list or sell anything that is not permitted under applicable laws at the said point in time. An indicative list is provided below under clause 7, but that list is not exhaustive. We have the right but not the obligation to remove any item that is listed for sale from the Platform;
iv. The platform is only facilitating payments on behalf of You and accepts no liability associated with the listing or delivery of goods or services by You
v. The Merchant shall make every effort to ensure that images of the Products exactly reflect the appearance of the Products in real life and the store display as accurately as possible the colors and images of the Products; and
vi. The Merchant shall bear full liability and responsibility for dealing with any returns or refunds. The responsibility for communicating, managing and arranging for any refunds or returns lies entirely with You. The Company shall not be responsible for dealing with any returns or refunds.
5. ONLINE STORE TERMS :
i. By agreeing to these Terms of Service, You represent that You are at least the age of majority in Your state or province of residence You and You have given Us, Your consent to allow any of Your minor dependents to use this Platform;
ii. You may not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws);
iii. You must not transmit any worms or viruses or any code of a destructive nature;
iv. That the Content submitted by You shall not be derogatory, offensive or misleading in any manner;
v. You are solely responsible for the Content that You upload, submit or send to or exchange on the Platform. We shall under no circumstances be responsible for any claims made by a third party in respect thereof;
vi. Any fraudulent use of this Platform or applicable payment method to purchase the Products, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform or for any other unlawful act or omission in breach of this Merchants’ Agreement.
vii. That images and pictorial representations on the Platform may be enhanced for advertising purposes;
viii. We will not be responsible for verifying any Content posted on the Platform;
ix. You also understand and acknowledge that the use of the Platform requires internet /mobile network connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
x. You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard;
xi. You shall be responsible for checking the Content, Product description and other related information; and
xii. If You are registering as a business the entity, You represent that You are duly authorized by the business entity to accept this Merchants’ Agreement and You have the authority to bind that the business entity to this Merchants’ Agreement.
xiii. You are registering as a business entity and you have current Account in the bank , You represent that You are duly authorized by the Bank. To accept this Merchants’ Agreement and You have the authority to bind that business entity to this Merchants’ Agreement.
A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies.
6. GENERAL CONDITIONS :
i. We reserve the right to refuse Service to anyone (without assigning any reason) at any time.
ii. You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
iii. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform through which the Service is provided, without express written permission by Us.
The headings used in this Merchants’ Agreement are included for convenience only and will not limit or otherwise affect these Terms.
7. PROHIBITED USES :
In furtherance to Clause 4 (iii) above, You undertake and warrant that You will not list the following Products on the Platform:
i. Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);
iii. Animals and wildlife products – examples include live animals, mounted specimens, and ivory;
v. Counterfeit goods and services infringing the IP (as defined below);
vi. Crude oil;
vii. Electronic surveillance equipment prohibited by law;
viii. Embargoed goods from prohibited countries;
ix. Endangered species of animals and plants, whether alive or dead;
x. Event tickets which are exempted from resale by law;
xi. Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;
xii. Any financial services;
xiii. Food and healthcare items without holding requisite permits;
xiv. Grey market products;
xv. Government-related items/ equipment (like wireless equipment with the frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)
xvi. Government-issued documents like passports etc.;
xvii. Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;
xviii. Human remains and body parts;
xix. IP in any form (including but not limited to music, movies, books, designs) for which the Merchant does not hold the distribution rights;
xx. Invoices and receipts (including blank and pre-filled);
xxi. Liquefied petroleum gas cylinder;
xxii. Lottery tickets;
xxiii. Mailing lists and personal information;
xxiv. Maps and literature where Indian external boundaries have been shown incorrectly;
xxv. Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;
xxvi. Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;
xxvii. Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;
xxviii. Radioactive materials;
xxix. Reptile skins;
xxx. Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;
xxxi. Stocks and securities;
xxxii. Real estate;
xxxiii. Radioactive materials;
xxxiv. Stolen property;
xxxvi. Any other sanctioned or prohibited items or services as per applicable laws; and
xxxvii. Any other item deemed unfit by Company.
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Platform or its Content:
i. for any unlawful purpose;
ii. to solicit others to perform or participate in any unlawful acts;
iii. to violate any international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
vi. to submit false or misleading information;
vii. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related The platform, other Platforms, or the internet;
viii. to collect or track the personal information of others;
ix. to spam, phish, pharm, pretext, spider, crawl, or scrape;
x. for any obscene or immoral purpose; or
xi. to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the internet. We reserve the right to terminate Your use of the Service or any related Platform for violating any of the prohibited uses.
You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process mentioned under this Merchants’ Agreement.
9. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION :
i. We are not responsible if information made available on the Platform is not accurate or not complete or not current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Platform is at your own risk; and
ii. We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to Our Platform.
10. MODIFICATIONS TO THE SERVICE AND PRICES :
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.
11. PRICE OF THE PRODUCTS:
The Merchant undertakes and warrants that at all times, the sale price of Product provided by the Merchant for listing and display on the Platform shall be:
i. Inclusive of all taxes; and
ii. the exact price at which the Product would be sold to the Buyer.
We will in no way be responsible for assisting You in relation to any claims with respect to tax payable on the Products sold by You on the Platform.
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, form any loss arising out of or in relation to any : (i) claims with respect to taxes to be paid on the Products sold by You on the Platform; and/or (ii) with respect to any misrepresentation of the sale price of the Products listed by You on the Platform.
12. PRODUCTS :
We reserve the right, but not the obligation, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that You offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by any Buyers from You will meet the Buyers’ expectations, or that any errors in the Service will be corrected. You will be solely responsible for the same.
13. OPTIONAL TOOLS :
We may provide You with access to third-party tools that we neither monitor nor have any control over nor do We provide any input. You acknowledge and agree that we provide access to such tools on an “as is the basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
14. THIRD-PARTY LINKS :
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Platforms. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS :
If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.
We are and shall be under no obligation to:
i. maintain any Comments in confidence;
ii. pay compensation for any Comments; or
iii. respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
16. PERSONAL INFORMATION :
Your submission of personal information is governed by our Terms and condition.
17. ERRORS, INACCURACIES, AND OMISSIONS :
Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related The platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY :
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You.
You expressly agree that Your use of, or inability to use, the service is at Your sole risk. We are not responsible for ensuring that the sale price and other consideration to be received from the Buyer (“Sale Price”) for sale of Products listed on the Platform to the Buyers. Any Service provided to you by Us is without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of due receipt of Sale Price and non-infringement.
In no case shall the Company, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or for any other claim related in any way to Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
19. COPYRIGHT AND TRADEMARK :
Each time You upload the Content, You grant the Company a worldwide non-exclusive, transferable, royalty-free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used by the Company, on the Platform.
You agree and confirm that:
i. All copyright, database right and all other proprietary rights, title, and interest in all Content and or information presented on this Platform (“IP”) is owned by and/or licensed to Us or owned by and/or licensed to the manufacturer of the Products and/or Services or is owned by and/or licensed to the person uploading such Content and is or may be protected or covered by copyright, trademark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.
ii. No extracts of this Platform or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialize any IP in any way.
iii. Your use of this Platform does not confer on You or any other party, any license or other rights under the intellectual property or other proprietary rights of the Company, the manufacturer of the Products and/ or Services and/or of any third party, whether implied or otherwise.
iv. The Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or Services their content and/or Content.
20. INDEMNIFICATION :
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
21. SEVERABILITY :
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such the determination shall not affect the validity and enforceability of any other remaining provisions.
22. TERMINATION :
These Terms of Service are effective unless and until terminated by either You or Us. If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Merchants’ Agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).
23. ENTIRE AGREEMENT :
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Platform or in respect to the Service constitute the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
24. GOVERNING LAW :
These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of India and the Courts of Anand, Gujarat, India will have the exclusive jurisdiction.
25. FORCE MAJEURE :
We shall not be held liable for any of Our obligations under the Merchants’ Agreement due to reasons beyond our control such as downtime of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror, etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.
26. CHANGES TO TERMS OF SERVICE :
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is Your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You represent and declare that you are a business entity duly incorporated and existing under the laws of India having no foreign direct investment.
(a) POS shall not be liable for the verification or the accuracy thereof either to you or to any other third party. You are advised to implement your own diligence and discretion while selling Your Products to prospective Business Customers. POS expressly disclaims all liability in this regard. You further acknowledge that POS will not be responsible for the validity or accuracy of the business details, business name, VAT/CST/Goods and services tax registration details (if provided by the Business Customer), etc., provided by the Business Customer.
(b) You shall issue a valid tax invoice to the Business Customer(s) for Business Sale(s) conducted by you, which is compliant with the tax laws of India and such invoice shall clearly specify the Business Customer's business entity name, VAT/CST/Goods and services tax registration details, purchase order number, billing and shipping address(es), as specified by the Business Customer.. In the event you issue an invoice to a Business Customer which doesn't satisfy the above requirements, the Business Customer may request for a compliant invoice within fifteen (15) days of delivery of Your Products to the said customer and you shall provide a corrected invoice satisfying these requirements within a period of fifteen (15) days of such request.
(c) You will be responsible for tax withholding, collection of applicable taxes, PAN number and all other compliances and reporting requirements under the applicable tax Laws of India.
(d) You acknowledge that you are entirely responsible for maintaining records of the VAT/CST/Goods and services tax registration details, business names and other related details of Your Transactions and POS hereby expressly waives any liability or obligation in this respect.
(e) In the event of an error(s) in listing Your Products, including but not limited to an error in listing of business price, quantity discount or any other such detail, you shall be liable for any losses, damages, claims and expenses arising out of such error(s) and shall hold us harmless and fully indemnified in this regard.
(f) POS will consider your default location mentioned at the time of registration for Business Sales as the ship-from location for tax and other related purposes and the same shall be shown to the Business Customers as the ship-from location. You shall not ship Your Products from any other location and shall accept return of such products if so requested by the Business Customer. Any liabilities, costs, damages or denial of benefits in this regard including tax liabilities shall be attributable to you and Amazon hereby expressly waives any liability or obligation in this respect.
27. CONTACT INFORMATION :
Questions about the Terms of Service should be sent to us at sales@Pointofsell.com