Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended 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 or usage of domain name www.nearo.in(“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).

1. The Terms

1. Nearois an application which provides an online marketplace (“Application”) where registered local sellers can sell their products to registered users of the Application.
2. The Company's role is limited to managing the Application and associated marketing, facilitating payment collections, fulfilment, order management, enquiry management and other incidental services to enable the transactions between the sellers and the users (“Services”).
3. Services for “User that is generally a Buyer” are not made available on the Website and to avail the same, users are required to install the Application.

When are these Terms applicable and binding on the User?

1. The Agreement is applicable to any person when they install, download or even merely visit or access any part of the Platform or utilise the Services. Such persons are referred to as users, which include without limitation users who are generally Buyers but can be browsers, sellers, resellers, merchants, other purchasers or contributors of content (collectively, “User”).
2. The Agreement between User and Company is effective on the date on which the Application is downloaded / Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.

2. Account Registration, Suspension and Termination

Does a User necessarily need to create an account on the Platform?

Nearo does not permit users to avail the Services on the Platform without prior registration. Users may access the Application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling the products, is subject to this Agreement and strictly not transferable.

For the use of Platform, is a User subject to any eligibility criteria?

1. The Services on the Platform shall be availed by user(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age.
2. The Company reserves the right to terminate the User's account and/or deny access to the Platform if it is brought to the Company's notice or if it is discovered that the User does not meet the conditions herein. Users accessing or using the Platform represent and warrant that they have the right to access or use the Platform.

Are there any specific requirements for registering an account on the Platform?

1. Users are required to enter a valid phone number while registering on the Platform. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for subscription / services / promotional updates etc. Users may opt out of such subscription / service / promotional updates either through the ‘opt out’ means provided or by writing to the support team.
2. It is the responsibility of the User to provide a correct mobile number so that the Company can communicate with the User via SMS. The User understands and agrees that if the Company sends an SMS but the User does not receive it because the User's mobile number is incorrect, out of date, blocked by the User's service provider, or the User is otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the User effectively.
3. It is the User's responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

Can a User account registered on the Platform be suspended or terminated?

The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the User will remain liable for all amounts due up to and including the date of termination, if:

• any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
• the User has unreasonable instances of returns and/or cancellations initiated;
• the User has failed or is suspected to have failed to comply with any term or provision of the Agreement or applicable law;
• the User is found to be non-compliant with the Agreement.

Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action. Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of this Agreement by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.

3. User Obligations

1. Having an account on the Platform gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account and that all transactions made by such User are intended for bona fide sale or consumption in the course of their business activities.
2. Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner. Hence it shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company.
3. User acknowledges and agrees that having an account on Platform does not grant it any rights on Platform not specifically granted to them by the Company, and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.
4. On registration, the Users may receive a password protected account and an identification. The Users agree to:
   1. maintain the confidentiality of their password, if applicable;
   2. take full responsibility for all activities by Users accessing the Application through their account;
   3. immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and
   4. ensure that they exit from their account at the end of each session.

4. Placing Orders and Financial Terms

How does order placement work on the Platform?

1. The Application allows Users to place orders for the products listed by your nearby sellers on the Application and the Application, subject to the Agreement herein, facilitates the placement of orders for the products by the Users.
2. On receipt of an order from a User, Company shall send electronically a confirmation of such order to your nearby seller and the User concerned. Further, the Company may inform the User about the availability or unavailability or change in price of the order as informed by the seller concerned, from time to time. Confirmation of the order by the seller shall be treated as final.
3. The Company does not own, sell or resell any products on its own and/or does not control the sellers and only facilitates the transaction between buyers and local sellers including User and Supplier as a ‘marketplace’. Company makes all reasonable efforts to promptly update the User's account and other information to facilitate the transaction completion. Hence, Users are required to provide current, complete, and accurate purchase and account information for all purchases made on the Application.

How are the commercial terms fixed on the Application?

1. All commercial / contractual terms of sale are offered by sellers and agreed to between sellers and the Users alone. The commercial / contractual terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial / contractual terms between the sellers and the Users.
2. Similarly, in case of deliveries effected by sellers using the Platform, the Platform only acts as a service provider for your nearby local sellers facilitating delivery or other service related to an order. Company does not have any control, nor does it determine or advise or in any way involve itself in the offering or acceptance of such commercial / contractual terms between seller and its end user / consumer.
3. Policies related to returns / exchanges, penalties, refunds, cancellation will be updated in the Application from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.
4. The Company also reserves the right to withhold benefits such as COD payments, right to claim refunds from time to time at its sole discretion owing to internal reasons or external factors.

Payment and settlement of payment on the Platform

1. The Users acknowledge and agree that the Company may, at the request of the seller, act as the payment agent for the limited purpose of accepting payments on behalf of such sellers. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for the transactions on the Application. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the User's bank in relation to payment of the total amount.
2. In connection with any order, information such as name, transaction details, device type, Platform usage details, PAN number, payment details, billing address and credit card information and any other information in relation thereto may need to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application.
3. Company merely collects the payment on behalf of the seller, as the case may be. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the seller. Company holds no responsibility for the legal correctness / validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the seller; the user can directly contact the seller.
4. The transaction is bilateral between Users and sellers and end users / consumers (“User Transactions”). The Company is not liable to charge or deposit any taxes applicable on such transaction.
5. Except for Cash On Delivery transactions, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by you.
6. For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
7. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.
8. Refund shall be conditional and shall be with recourse available to Nearo in case of any misuse by the Buyer.

5. Returns and Replacement Policy

Definition:‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Nearo Platform. The following situations may arise:

• Item was defective.
• Item was damaged during shipping.
• Product(s) was/were missing.
• Wrong item was sent by the seller.

Return could also result in refund of money in most of the cases.

Points to be noted

• Seller may not accept the return in case of certain products. The user is requested to check the product's return policy before buying the product.
• If the seller disagrees with a return request, the Buyer can file a dispute under the Buyer Protection Programme.
• User can also visit the seller as the feature of communicating with the seller is available on the platform.

1. We encourage the Buyer to review the listing before making the purchase decision. In case the Buyer orders a wrong item, the Buyer shall not be entitled to any return / refund.
2. Buyer needs to raise the return request within the return period applicable to the respective product. Once the Buyer has raised a return request, the Buyer can visit the seller themselves or wait for pickup by the delivery partner.
3. For return through delivery partner, Nearo may impose a small return service charge on the user.
4. In the event the seller accepts the return request raised by the Buyer, the Buyer will have to return the product and then the refund shall be credited to the Buyer's account.
5. In case the seller doesn't close the ticket within 3 days from the date of intimation to the seller about the refund request, the refund request shall be settled in favour of the Buyer.

Replacement

The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

Nearo provides the right to the user to directly visit the shop or seller for return and replacement.

Nearo reserves its right to initiate civil and/or criminal proceedings against a User who files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Nearo may at its sole discretion suspend, block, restrict, cancel the Display Name (and its related Display Names) of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

6. Use of the Platform

1. Company endeavours to make the Application available 24×7. However, the Company does not represent that access to the Application will be uninterrupted, timely, error-free, free of viruses or other harmful components or that such defects will be corrected.
2. Users understand and acknowledge that the use of the Application requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Application and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.
3. Company does not warrant that the Application will be compatible with all hardware and software which is used by Users.
4. The Application may be under constant upgrades, and some functions and features may not be fully operational. Application is provided on an ‘as is’ and ‘as available’ basis. Company expressly disclaims all warranties of any kind, whether express or implied, with respect to the records and other data that is made available by it to Users.
5. Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from the Application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.

Does the Company guarantee between User and seller or otherwise in respect of products on the Platform?

1. Company, through Platform, is a mere facilitator of the transaction including between Supplier and User and is not responsible for any non-performance or breach of any contract entered into towards User Transactions. The Company cannot and does not guarantee that the concerned sellers will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned including with any other third party.
2. The Company does not represent any of the Users or the sellers, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such sellers or Users displayed on the Platform.
3. The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Company shall not be liable for any misuse of information shared by Users with it; or through the Users' profile; or with a third party on the Platform, chat rooms, forums, or comments.
4. Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning property and it cannot, by any means, verify that any Supplier or Reseller selling or supplying merchandise on/through the Platform have the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform which, according to the Users' knowledge or belief, infringe their rights or third-party rights.
5. Company does not at any point of time during any transaction between any Seller and a User take possession of any product offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products, nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

Restrictions and compliance requirements

User should not use the Platform to host, display, upload, download, modify, publish, transmit, update, or share any information which:

• belongs to another person and to which the User does not have a right whatsoever;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
• 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;
• is harmful to a child or a minor;
• harasses or advocates harassment of another person;
• 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, image, email address, physical address or phone number) or rights of publicity;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them;
• tries to gain unauthorized access or exceeds the scope of authorized access to the Application or to the profiles, blogs, communities, account information, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• interferes with another User's use and enjoyment of the Platform or any third party's enjoyment of similar services;
• refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or contains content that would be prohibited or violates the spirit of these Terms;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, threatens public order, or causes incitement to the commission of any cognisable offence;
• contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data, or personal information; and
• directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, 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.

When accessing or using the Platform, the User must comply with the following

• All registration information submitted by the User is truthful, lawful and accurate.
• User's use of the Application/Platform shall be solely for their use and they shall not authorize others to use their account.
• User does not submit, post, upload, distribute, or otherwise make available or transmit any information that is defamatory, abusive, harassing, insulting, threatening, bigoted, hateful, violent, vulgar, obscene, illegal, or that encourages or advocates illegal activity.
• All necessary licenses, consents, permissions and rights are owned by Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit any trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that Users submit, post, upload, distribute or otherwise transmit or make available.
• User will not use the Platform in any way that is unlawful, or harms the Company or any other person or entity.
• User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network.
• User will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity.
• User will not delete or modify any content of the Platform, including disclaimers or proprietary notices such as copyright or trademark symbols, logos.
• User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
• User shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts any part of the Platform or any equipment or any network on which the Platform is stored or any equipment of any third party.
• User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Platform by any means.
• User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform.
• User shall at all times ensure full compliance with the applicable law, including the Information Technology Act, 2000 and the rules thereunder; all applicable domestic laws, rules and regulations; and international laws, foreign exchange laws, statutes, ordinances and regulations regarding the use of the Application.
• User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights in the information supplied by the User. Company will only use the information in accordance with this Agreement, applicable to use of Platform and for provision of Services.

Company shall, at all times and at its sole discretion, reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of this Agreement. Company shall have all the rights to take necessary action and claim damages that may occur due to the User's involvement / participation in any way either on their own or through group/s of people, intentionally or unintentionally, in hacking.

7. Fair Usage Policy

We always strive hard to provide the best experience to our customers on the platform. To ensure that all customers use our platform in good faith, we keep track of customer behaviour which includes maintaining order history and other details relating to the manner of use of our platform. In the event of any abuse of our platform or the policies, which include excessive returns or refusal to accept shipments, indication of any fraudulent or suspicious activity or behaviour on our Platform or association with any such activity or behaviour, including where your user metrics such as your claim rate, return rate etc. are higher than the average rate of the others users on our platform, certain benefits available to our other users may not be available to you. We reserve the right to take other actions, including but not limited to blocking any user from transacting on the Platform, levying a service fee, discontinuing COD options, blocking COD payment, blocking refund claims, restraining or refusing the option to return the product etc. against you to address such issues. Customers whose profiles indicate high volumes of valid transactions on the platform may be offered benefits by sellers, from time to time, based on their discretion and policies.

8. Accuracy and Completeness of Information on the Platform

1. Nearo takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content 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, more accurate, more complete or timely sources of information. User will agree that a majority of content including products displayed on the Platform are provided by the respective sellers, who shall at all times be responsible for provision of information related to such products listed by them. Apart from reasonable checks to ensure general hygiene of the Platform, Company does not exercise any control over such content or information.
2. Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Company does not own any responsibility or obligation whatsoever towards ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the User's own risk.
3. Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the Platform at any time but has no obligation to update any information on the Platform. User is solely responsible to monitor changes to the information on the Platform.
4. Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
5. The information is provided ‘as is’ with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User.

Is information related to products on the Platform provided by the Company?

1. Not all information on the Platform is provided by the Company. From time to time, Users who are sellers provide information relating to the products proposed to be sold by them and are hence responsible for the same. In this connection, sellers undertake that all such information shall be accurate in all respects. Sellers are discouraged from and should not exaggerate or overemphasise the attributes of such products so as to mislead Users in any manner.
2. Company reserves the right, but has no obligation, to monitor the materials posted on the Platform. Company, however, has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the spirit of these Terms.
3. Sellers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warranty / guarantee of the products sold to Users.
4. Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Application, either provided by any User including sellers.

9. User Information and Third-Party Tools / Links

1. Company collects various types of information; some information is non-personal information and some is personal information.
2. All information about Users that is collected, stored, or transmitted in any way on the Platform is processed for facilitating various operations on the Platform, including registration, order placement, listing, or payments.
3. For a more comprehensive understanding, Users are encouraged to view the Platform's Privacy Policy available on the Platform.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”) is third-party user generated content and Nearo has no control over such third-party user generated content as Nearo is merely an intermediary for the purposes of these Terms of Use.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content”). Such Content will become our property and you grant us the worldwide, perpetual 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 use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide. You agree that any Content you post may be used by us, consistent with our Privacy Policy and Rules of Conduct on the Site, and you are not entitled to any payment or other compensation for such use.

Third-party links and tools

1. Certain content or products available via the Platform may include materials from third parties. Third-party links on the Application / Platform may direct the User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
2. Company is 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 websites regardless of the existence of any third-party link on the Platform. Please review carefully such third party's policies and practices and make sure to understand them before engaging in any transactions.

10. Intellectual Property and IP Infringement

1. Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
2. “Nearo” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users' unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.
3. Nearo provides QR Codes, Banners, and Advertisement Pamphlets that can be used by registered sellers only and that too for marketing purposes.
4. Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5. Users must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from the Company. All rights, not otherwise claimed under this Agreement by Company, are hereby reserved.
6. User understands that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. User agrees that it will not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules embedded in the Platform.

How does the Company deal with IP infringement?

1. Any trademark, word mark or intellectual property of any User(s) or Supplier(s) belongs to such User(s) / Supplier(s) alone, and Company has no right or claim over the same.
2. Company reserves the right in its sole discretion to remove any material / content / photos / offers displayed on the Platform which in Company's reasonable belief is unlawful or could subject Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the Company's opinion. Company reserves the right to cooperate with any investigation in this regard.
3. Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event Company takes any of the actions pursuant to allegations of IP infringement.
4. Users acknowledge and agree that Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform has the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform which, according to Users' knowledge or belief, infringe their rights or third-party rights.
5. The delisting of products from the Platform is to safeguard the Company's interest. By taking down a listing, Company does not and cannot be deemed to be endorsing a claim of infringement, and further in those instances in which Company declines to take down a listing, Company does not and cannot be deemed to be endorsing that the listing is not infringing of third-party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

11. Communication

All notices will be sent to you, the user, by electronic medium such as mail, messages and links. Invoices and bills will be sent online and offline.

12. Miscellaneous Provisions

This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at Jaipur, India.

Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.

The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Platform is controlled and operated from India and Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at the User's sole risk and the User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve the Company from any liability or loss in this respect.

Company reserves the right to introduce and initiate new features, functionalities and components to the Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Services which were earlier free of cost, without any prior notice to the User.

13. Contact