- This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
- The term 'You' & 'User', shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
- 'You' where the context relates to 'Business User', and 'Business User' means any legal person or business entity, as the case may be, looking to access or use the services provided on this Website for business purposes, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
- The terms 'we', 'us', 'our' shall mean the Website and/or the Company, as the context so requires.
- The term 'Services' shall mean the business of providing a portal for Users to buy sustainable, eco-friendly, hand-crafted, recycled and upcycled products, and for Business Users to sell their products on the portal.
- The terms 'Party' and 'Parties' shall respectively be used to refer to the User/Business User and the Companyindividually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User/Business User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User/Business User and theCompany, and that the User/Business User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User/Business User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User/Business User, and that the User/Business User's act of visiting the any part of the Website constitutes the User/Business User's full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User/Business User, and the User/Business User expressly agrees that any such amendments or modifications shall come into effect immediately. The User/Business User has a duty to periodically check the terms and stay updated on its requirements. If the User/Business User continues to use the Website following such a change, the User/Business User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User/Business User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website and the Services.If the User/Business User does not adhere to the changes, Youmust stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
To fully avail the Services of the Website and use of it, a one-time registration is required to create a profile, for both the User and Business User. You may access the Services by signing in as User by providing the following information which shall include but not be limited to Name, Profile Picture, Email and URL for Users. For Business Users, certaininformation is requiredas mentioned in a separate MoU to be signed between the Parties.The Website may request other optional information, but the same shall be clearly indicated to be optional in nature.
Registration for this Website is available only to those above the age of 18 years, barring those "Incompetent to Contract" which inter alia include insolvents. If you are a minor and wish to use the Website as aUser, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Website or availing any of its Services. You shall not create more than one account and shall not create account(s) for any other User(s) or Business User(s) without their express consent and violation of this term shall entitle the Website to suspend or terminate your Account with Us.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your User/Business User username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
3. SERVICE OVERVIEW
The Websiteis an e-commerce platformthat lists sustainable, eco-friendly, handcrafted, recycled and upcycled products in India. Through the Website, Business Users can sell their sustainable products of different types and Users have a wide variety of products to choose from, which once purchased, will be shipped to their doors. Business Users can submit their productsto the Website, and after verification, the Users can view and purchase the same through the platform, in accordance with the prices mentioned by the Business Users,with separate mention of shipping cost with appropriate deductions as sale commissions by the Website.
The User/Business User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User/Business User may not use the Website if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptionsand artwork (collectively, 'Content'), is generated/provided or based on information provided by third parties (being the Users and Business Users) and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content.All the Content displayed on the Website is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.
The Business User is solely responsible for the integrity, authenticity, quality and genuineness of the contentprovided by the Business Useron the Website, and whilst feedbackand comments by Usersshall be made via the Website, the Websitebears no liability whatsoever for any feedback or comments made by the Users or Business Users made in respect of any of the contenton the Website. Further, the Website reserves its right to suspend the account of any Business User for an indefinite period to be decided at the discretion of the Website, or to terminate the account of any Business Userwho is found to have created or shared or submittedany Content or part thereof that is found to be untrue/inaccurate/misleading. The Business User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users and Business Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website. Users and Business Usersshall not copy, adapt, and modify any content without written permission of the Company.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User/Business User continues to access and use the Website.
A User/Business User may terminate their use of the Website at any time. The Company may terminate these Terms and close a User/Business User's account at any time without notice and/or suspend or terminate a User/Business User's access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Company may discontinue the Website without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User/Business User's access to the Services, or any portion thereof, at any time, without notice or cause. The Website also reserves the universal right to deny access to particular User/Business Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website and/or other visitors to the Website. The Website reserves the right to limit, deny or create different access to the Website and its features with respect to different User/Business User(s), or to change any of the features or introduce new features without prior notice. The User/Business User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User/Business User shall not have the right to terminate these Terms till the expiry of the same.
Registration on this Website is free for Users and Business Users and this includes accessing the Website, but Users shall make payments for products bought from Business Users. However, we reserve the right to amend the charges for the services rendered. In case that happens, User/Business Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website. Payments to Business Users shall be undertaken through third party payment gateways and shall be processed in a loop of 28-30 days, i.e. once every calendar month.
Upon availing of the Services, the Users agree and acknowledge that prices for different products listed on the Website shall be in accordance with those displayed on the Website and shall be subject to change at any time. Further, Users shall be offered one or more modes of payment for purchase of products through third-party payment gateways.
The Users/Business Users acknowledge that a minimum of one payment method shall be offered on the Website. The Users are solely responsible for the genuineness of credentials and payment information provided on the Website and the Website shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
10. USER/BUSINESS USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User/Business User agrees and acknowledges that they are a restricted User/Business User of this Website, and that they:
- Agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register. We are not liable if the User/Business User has provided incorrect information.
- Agree to ensure the email address, address, PAN/Aadhar and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User/Business User can update their details anytime.
- Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Authorize the Website to use, store or otherwise process certain personal information
and all published Content and User/Business User comments and reviews and ratings
for marketing and promotional purposes, and for optimisation of User-related options
- Understand and agree that, to the fullest extent permissible by law, the
Website/Company and their successors and assigns, or any of their affiliates or their
respective officers, directors, employees, agents, licensors, representatives, operational
service providers, advertisers or suppliers shall not be liable for any loss or damage, of
any kind, direct or indirect, in connection with or arising from use of the Website or
incidental, indirect, special or punitive damages.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate,
post, publish or create derivative works from, transfer, or sell any information or
obtained from the Website. Any such use/limited use of the Website will only be
allowed with the prior express written permission of the Company.
- Agree not to access (or attempt to access) the Website and/or the materials or services
by any means other than through the interface provided by the Website. The use of
deep-link, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the Website or its content, or in any way reproduce or
circumvent the navigational structure or presentation of the Website, materials or any
content, or to obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the Website will lead to
suspension or termination of the User/Business User's access to the Website. The
User/Business User acknowledges and agrees that by accessing or using the Website
or any of the Services provided therein, it may be exposed to content that it may
consider offensive, indecent or otherwise objectionable. The Company disclaims any
and all liabilities arising in relation to such offensive content on the Website.
- Expressly agree and acknowledge that the Content displayed on the Website is not
owned by the Company, and that the same are the exclusive property of Business
Users, who have chosen to showcase their products through the Companyâ€™s Website,
and that the Company is in no way responsible for the content of the same. The
User/Business User may however report any offensive or objectionable content, which
the Company may then remove from the Website, at its sole discretion.
- The Website permits the User/Business User to post, or upload data/information as
User/Business User comments, feedback or reviews, and the User/Business User
undertakes to ensure that such material is not offensive or objectionable, and is in
accordance with applicable laws. The User/Business User expressly agrees that any
such material that is deemed to be objectionable/offensive may be removed from the
Website immediately and without notice, and further that the User/Business User's
access to the Website may also be permanently revoked, at the sole discretion of the
The User/Business User further undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise
violate the legal rights of any other person or entity.
- Engage in any activity that interferes with or disrupts access to the Website or the
Services provided therein (or the servers and networks which are connected to the
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her
affiliation with a person or entity.
- Publish, post, disseminate, any information which is grossly harmful, harassing,
blasphemous, defamatory, obscene,Â pornographic, pedophilic, libelous, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever under any law, rule or regulation currently in force; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986.
- Post or share any image/file/data with the Company that infringes the copyright, patent
or trademark of another person or legal entity.
- Post or share any image/file/data with any third-parties or other Users/Business Users
that contains confidential information from any other User or Business User without
the express prior knowledge and consent of the respective User/Business User.
- Upload or distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website.
- Download any file belonging to another User/Business User of the Website that the
User/Business User is aware, or should reasonably be aware, cannot be legally
distributed in such a manner.
- Probe, scan or test the vulnerability of the Website or any network connected to the
Website, nor breach the security or authentication measures on the Website or any
network connected to the Website. The User/Business User may not reverse look-up,
trace or seek to trace any information relating to any other User/Business User of, or
visitor to, the Website, or any other viewer of the Website, including any
User/Business User account maintained on the Website not operated/managed by the
User/Business User, or exploit the Website or information made available or offered
by or through the Website, in any manner.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website,
systems resources, accounts, passwords, servers or networks connected to or
accessible through the Website or any affiliated or linked platforms.
- Collect or store data about other User/Business Users of the Website without their
- Use the Website or any material or content therein for any purpose that is unlawful or
prohibited by these Terms, or to solicit the performance of any illegal activity or other
activity which infringes the rights of this Website or any other third party (ies).
- Violate any code of conduct or guideline which may be applicable for or to any
particular service offered on the Website.
- Violate any applicable laws, rules or regulations currently in force within or outside
- Violate any portion of these Terms or the Policy, including but not limited to any
applicable additional terms of the Website contained herein or elsewhere, whether
made by amendment, modification, or otherwise.
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public Order, or cause incitement to the commission of
any cognizable offence, or prevent the investigation of any offence, or insult any other
- Publish, post, or disseminate information that is false, inaccurate or misleading.
- Directly or indirectly offer, attempt to offer, trade, or attempt toÂ trade, any item the
dealing of 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.
- Commit any act that causes the Company to lose (in whole or in part) the services of
its Internet Establishment ("ISP") or in any manner disrupts the services of any other
supplier/service provider of the Company/Website.
- Contact other Users/Business Users in personal capacity or carry out any business
outside the Website that is not informed to the Company/Website in advance.
- Engage in advertising to, or solicitation of, other User/Business Users of the Website
to buy or sell any products or services not currently displayed on the Website.
- The User/Business User may not transmit any chain letters or unsolicited commercial
or junk email/messages to other User/Business Users via the Website.
- It shall be a violation of these Terms to use any information obtained from the Website
to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to
another User/Business User of the Website without the express prior written consent
of the Company.
The User/Business User hereby expressly authorizes the Company/Website to disclose any
and all information relating to the User/Business User in the possession of the
Company/Website to law enforcement or other government officials, as the Company may in
its sole discretion, believe necessary or appropriate in connection with the investigation
and/or resolution of possible crimes, especially those involve personal injury and
theft/infringement of intellectual property. The User/Business User further understands that
the Company/Website might be directed to disclose any information (including the identity of
persons providing information or materials on the Website) as necessary to satisfy any
judicial Order, law, regulation or valid governmental request.
11. SUSPENSION OF USER/BUSINESS USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole
discretion limit the User/Business User's access and/or activity by immediately removing the
User/Business User's access credentials either temporarily or indefinitely, or
suspend/terminate the User/Business User's association with the Website, and/or refuse to
usage of the Website to the User/Business User, without being required to provide the
User/Business User with notice or cause:
- If the User/Business User is in breach any of these Terms or the Policy.
- If the User/Business User has provided wrong, inaccurate, incomplete or incorrect information.
- If the User/Business User's actions may cause any harm, damage or loss to the other User/Business Users or to the Company, at the sole discretion of the Company.
You (the Business User/User) agree to indemnify, defend and hold harmless the
Company/Website, its independent service providers and consultants, and their respective
directors, officers, employees and agents (collectively, "Parties"), from and against any and
all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and
disbursements in connection therewith and interest chargeable thereon) asserted against or
incurred by us that arise out of, result from, or may be payable by virtue of, any breach or
non-performance of any representation, warranty, covenant or agreement made or obligation
against any claims made by any third party due to, or arising out of, or in connection with:
- Your use of the Website,
- Any discussions or messages you provide.
- Your violation of these Terms and Conditions.
- Your violation of any rights of another.
- Your alleged improper conduct pursuant to these Services.
- Your conduct in connection with the Website.
- Your internal disputes amongst other Users/Business Users.
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Website be liable to compensate the User/Business User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User/Business User's use of or access to the Website and/or the services or materials contained therein.
13. LIMITATION OF LIABILITY
- The Founders/Promoters/Associated people of the Website are not responsible for any consequences arising out of the following events:
- If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
- if the User/Business User has fed incorrect information or data or for any deletion of data.
- if there is undue delay or inability to communicate through email.
- if there is any deficiency or defect in the services managed by the Business Users or third-parties.
- If there is a failure in the functioning of any other service provided by the Website.
- The Website accepts no liability for any errors or omissions, whether on behalf of
itself or third parties, or for any damage caused to the User/Business User, the
User/Business User's belongings, or to any third party, resulting from the use or
misuse of the Website or any service availed of by the User/Business User through the
Website. The service and any Content or material displayed on the service is provided
without any guarantees, conditions or warranties as to its accuracy, suitability,
completeness or reliability. The Websitewill not be liable to you for the unavailability
or failure of the Website.
- User/Business Users may be held legally responsible for damages suffered by other User/Business Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.
- User/Business Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
- The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits, and any loss or damage incurred by you as a result of your breach of these terms.
- To the fullest extent permitted by law, the Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
14. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User/Business
User a right to use any of the Website's trade names, trademarks, service marks, logos,
domain names, information, questions, answers, solutions, reports and other distinctive brand
features, save according to the provisions of these Terms. All logos, trademarks, brand names,
service marks, domain names, including material, designs, and graphics created by and
developed by the Website and other distinctive brand features of the Website are the property
of the Company or the respective copyright or trademark owner. Furthermore, with respect to
the Website created by the Company, the Company shall be the exclusive owner of all the
designs, graphics and the like, related to the Website.
The User/Business User may not use any of the intellectual property displayed on the Website
in any manner that is likely to cause confusion among existing or prospective User/Business
Users of the Website, or that in any manner disparages or discredits the Company/Website, to
be determined in the sole discretion of the Company.
The User/Business User is aware all intellectual property, including but not limited to
copyrights, relating to said services resides with the owners, and that at no point does any
such intellectual property stand transferred from the aforementioned creators to the Company,
or to any other User/Business User. The User/Business User is aware that the Company
merely provides a Website through which the Users can purchase, and Business Users can sell
their products, and the Company/Website does not own any of the intellectual property
relating to the independent content displayed on the Website, apart from originally created
graphics and specified content.
The User/Business User is further aware that any reproduction or infringement of the
intellectual property of the aforementioned owners by the User/Business User will result in
legal action being initiated against the User/Business User by the respective owners of the
intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the
contents of this Section shall survive even after the termination or expiry of the Terms and/or
15. DISCLAIMER OF WARRANTIES AND LIABILITIES
- The User/Business User agrees and undertakes that they are accessing the Website
and transacting at their sole risk and are that they are using their best and prudent
judgment before availing any service listed on the Website, or accessing/using any
information displayed thereon.
- The User/Business User agrees that any kind of information, resources, activities,
recommendations obtained/availed from Website, written or oral, will not create any
warranty and the Website disclaims all liabilities resulting from these. You are solely
responsible for your communication/interaction with other User/Business Users on
the Website and the Website doesn't make any warranty about the conduct of
User/Business Users on the Website.
- The Company/Website does not guarantee that the functions and products contained
in the Website will be uninterrupted or error-free, or that the Website or its server will
be free of viruses or other harmful components, and the User/Business User hereby
expressly accepts any and all associated risks involved with the User/Business User's
use of the Website.
- The Website is and shall avail services from third parties to serve You better and
these services will be provided on "as is" basis and the Website disclaims any
liabilities resulting from these third party services. The Website will not be
responsible for any internet delays and damages caused by such problems.
- It is further agreed to by the Parties that the contents of this Section shall survive even
after the termination or expiry of the Terms and/or Policy.
16. FORCE MAJEURE
Neither the Company nor the Website shall be liable for damages for any delay or failure to
perform its obligations hereunder if such delay or failure is due to cause beyond its control or
without its fault or negligence, due to Force Majeure events including but not limited to acts
of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or
dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy,
cheating, illegal or unauthorized.
17. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and
performance of these Terms and any disputes arising there from will be resolved through a
two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the
Parties that the contents of this Section shall survive even after the termination or expiry of
the Terms and/or Policy.
- In case of any dispute between the parties, the Parties will attempt to
resolve the same amicably amongst themselves, to the mutual satisfaction of all
Parties. In the event that the Parties are unable to reach such an amicable solution
within thirty (30) days of one Party communicating the existence of a dispute to any
other Party, the dispute will be resolved by arbitration, as detailed herein below;
- In the event that the Parties are unable to amicably resolve a dispute by
mediation, said dispute will be referred to arbitration by a sole arbitrator to be
appointed by the Company, and the award passed by such sole arbitrator will be valid
and binding on all Parties. The Parties shall bear their own costs for the proceedings,
although the sole arbitrator may, in his/her sole discretion, direct either Party to bear
the entire cost of the proceedings. The arbitration shall be conducted in English, and
the seat of Arbitration shall be the city of Bengaluru.
- The Parties expressly agree that the Terms, Policy and any other agreements entered
into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the
User/Business User may be communicated to the Company by the User/Business User by
calling customer support at [.]
19. MISCELLANEOUS PROVISIONS
- These Terms, read with the Policy, form the complete and final contract between the User/Business User and the Company with respect to the subject matter here of and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
- The failure of either Party at any time to require performance of any
provision of these Terms shall in no manner affect such Party's right at a later time to
enforce the same. No waiver by either Party of any breach of these Terms, whether
by conduct or otherwise, in any one or more instances, shall be deemed to be or
construed as a further or continuing waiver of any such breach, or a waiver of any
other breach of these Terms.
- If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us at [.].