TERMS OF USE
This document is an electronic record in terms of Information
Technology Act, 2000 and published in accordance with the provisions of Rule 3
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 Sadra24 marketplace platform - www.sadar24.com
(hereinafter referred to as "Platform"). This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
The Platform is owned by Masonic Ecom Private Limited, having
its Registered Office at B-304, Saraswati Vihar, Delhi - 110034.
Your use of the Platform and services and tools
are governed by the following terms and Terms of Use as applicable to the Platform
including other applicable policies (Refund, Return, and Cancelation Polices).
If you transact on the Platform, You shall be subject to the policies that are
applicable to the Platform for such transaction. By mere use of the Platform,
You shall be contracting with Masonic Ecom Private Limited, the owner of the
Platform. These terms of use including the other policies constitute your
binding obligations, with Sadar24.
For the purpose of these Terms of Use, "Registered
User", "Visitor", “User” and wherever the context may so
require, "You" shall mean any natural or legal person who has
agreed to become a member of the Platform by providing Registration Data (as
defined hereinafter) while registering on the Platform as a Registered User
using the computer systems of the Website, or who has used the Platform without
becoming a Registered User, and, in both the cases, accepted this electronic
version / electronic record of the Terms of Use. A Registered User is one who
has allocated himself a unique identification user name ("User ID"
and "Password") to become Registered User. The term and
expression "You" shall, unless the context otherwise requires,
include your legal heir, receivers, successors, liquidators and permitted
assigns.
The term "Sadar24","We","Us","Our" shall
mean Masonic Ecom Private Limited and its affiliates.
When You use any of the services provided by Us through the
Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
this Terms of Use and shall be considered as part of this Terms of Use. We
reserve the right, at Our sole discretion, to change, modify, add or remove any
portion of these Terms of Use, at any time without any prior written notice to
You. It is Your responsibility to review and check these Terms of Use regularly
for updates / changes. Your continued use of the Platform following the posting
of changes will mean that You accept and agree to the changes and revisions. As
long as You comply with these Terms of Use, We grant You a personal,
non-exclusive, non-transferable, limited privilege to enter and use the
Platform.
By impliedly or expressly accepting these Terms of Use, You
also accept and agree to be bound by Sadar24 Policies (including but not
limited to Privacy Policy available at Privacy) as amended from time to time.
1.
Membership Eligibility
Transaction on the Platform is available only to persons
who can form legally binding contracts under Indian Contract Act, 1872. Persons
who are "incompetent to contract" within the meaning of the Indian
Contract Act, 1872 including un-discharged insolvents etc. are not eligible to
use the Platform. If You are a minor i.e. under the age of 18 years, You may
use the Platform or access content on the Platform only under the supervision
and prior consent/ permission of a parent or legal guardian. Sadar24 reserves
the right to terminate your membership and / or refuse to provide you with
access to the Platform if it is brought to Sadar24 notice or if it is
discovered that You are under the age of 18 years and transacting on the
Platform.
If you are registering as or on behalf of a business
entity, you represent that you are duly authorized by the business entity to
accept these Terms of use and you have the authority to bind that business
entity to these Terms of use.
2.
User Account, Password, and Security:
If You use the Platform, You shall be responsible for
maintaining the confidentiality of your Display Name and Password and You shall
be responsible for all activities that occur under your Display Name and
Password. You agree that if You provide any information that is untrue,
inaccurate, not current or incomplete, We shall have the right to indefinitely
suspend or terminate or block access of Your membership on the Platform.
You agree to:
·
immediately notify Sadar24 of any unauthorized use / breach
of your password or account and
·
ensure that you exit from your account at the end of each
session.
Your mobile phone number and/or e-mail address is treated
as Your primary identifier on the Platform. It is your responsibility to ensure
that Your mobile phone number and your email address is up to date on the
Platform at all times. You agree to notify Us promptly if your mobile phone
number or e-mail address changes by updating the same on the Platform through a
onetime password verification.
You agree that Sadar24 shall not be liable or responsible
for the activities or consequences of use or misuse of any information that
occurs under your Account in cases, including, where You have failed to update
Your revised mobile phone number and/or e-mail address on the Platform.
If You share or allow others to have access to Your account
on the Platform (“Account”), by creating separate profiles under Your Account,
or otherwise, they will be able to view and access Your Account information.
You shall be solely liable and responsible for all the activities undertaken
under Your Account, and any consequences therefrom.
3.
Electronic Communications
When
you visit the Platform or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on Our Platform.
You agree that all agreements, notices, disclosures and other communications
that We provide to You electronically satisfy any legal requirement that such
communications be in writing.
4.
Services Offered
Sadar24 provides a number of Internet-based services through the
Platform. One such Service enables You to sale or purchase Jewellery, Sports
accessories, Home and Living, Stationery, Electronics, Appliances, Toys, Women,
Men, Kids Fashion and many other as mentioned in other policies (collectively,
"Products"). The Products can be purchased through the Platform
through various methods of payments offered. The sale/purchase of Products
shall be additionally governed by specific policies of sale, like refund
policy, exchange policy, return policy, etc as mentioned on the website. In
addition, these Terms of Use may be further supplemented by Product specific
conditions, which may be displayed with that Product.
Sadar24 does not warrant that Product description or other
content on the Platform is accurate, complete, reliable, current, or error-free
and assumes no liability in this regard.
5.
Platform for
Transaction and Communication
The Users utilize to meet and interact with one another for
their transactions on the Platform. Sadar24 is not and cannot be a party to or
control in any manner any transaction between the Platform’s Users.
Henceforward:
a)
All commercial/contractual terms are offered by and
agreed to between Buyers and Sellers alone. The commercial/contractual terms
include without limitation price, shipping costs, payment methods, payment
terms, date, period and mode of delivery, warranties related to products and
services and after sales services related to products and services. Sadar24
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 Buyers and Sellers.
b)
Sadar24 does not make any representation or Warranty
as to specifics (such as quality, value, salability, etc.) of the products or
services proposed to be sold or offered to be sold or purchased on the
Platform.
c)
Sadar24 is not responsible for any non-performance
or breach of any contract entered into between Buyers and Sellers. Sadar24
cannot and does not guarantee that the concerned Buyers and/or Sellers will
perform any transaction concluded on the Platform.
d)
At no time shall Sadar24 hold any right, title or
interest over the products nor shall Sadar24 have any obligations or
liabilities in respect of such contract entered into between Buyers and
Sellers.
e)
Sadar 24 is only a platform that can be utilized by
Users to reach a larger base to buy and sell products or services. Sadar 24 is
only providing a platform for communication and it is agreed that the contract
for sale of any of the products or services shall be a strictly bipartite
contract between the Seller and the Buyer. At no time shall Sadar 24 hold any
right, title or interest over the products nor shall Sadar 24 have any
obligations or liabilities in respect of such contract. Sadar 24 is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
f)
Pricing on any product(s) as is reflected on the
Platform may due to some technical issue, typographical error or product
information published by seller may be incorrectly reflected and in such an
event seller may cancel such your order(s).
g)
You release and indemnify Sadar 24 and/or any of its
officers and representatives from any cost, damage, liability or other
consequence of any of the actions of the Users of the Sadar 24 and specifically
waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Sadar 24 cannot take
responsibility or control the information provided by other Users which is made
available on the Platform.
6.
Use of the Platform
You agree, undertake and confirm that your use of Platform
shall be strictly governed by the following binding principles:
I.
You shall not host, display, upload, modify, publish,
transmit, update or share any information which:
a)
belongs to another person and to which You do not have any
right to;
b)
is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, 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; 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;
c)
is misleading in any way;
d)
is patently offensive to the online community, such as
sexually explicit content, or content that promotes obscenity, paedophilia,
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
e)
Harasses or advocates harassment of another person;
f)
involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming";
g)
promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
h)
infringes upon or violates any third party's rights
[including, but not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
i)
promotes an illegal or unauthorized copy of another
person's copyrighted work (see "Copyright complaint" below for
instructions on how to lodge a complaint about uploaded copyrighted material),
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
j)
contains restricted or password-only access pages, or
hidden pages or images (those not linked to or from another accessible page);
k)
provides material that exploits people in a sexual, violent
or otherwise inappropriate manner or solicits personal information from anyone;
l)
provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
m) Contains video, photographs, or images
of another person (with a minor or an adult).
n)
tries to gain unauthorized access or exceeds the scope of
authorized access to the Platform or to profiles, blogs, communities, account
information, bulletins, friend request, or other areas of the Platform or
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
o)
engages in commercial activities and/or sales without Our
prior written consent such as contests, sweepstakes, barter, advertising and
pyramid schemes, or the buying or selling of "virtual" products
related to the Platform. Throughout this Terms of Use, Sadar 24’s prior written
consent means a communication coming from Sadar 24's Legal Department,
specifically in response to Your request, and specifically addressing the
activity or conduct for which You seek authorization;
p)
solicits gambling or engages in any gambling activity which
We, in Our sole discretion, believes is or could be construed as being illegal;
q)
interferes with another USER's use and enjoyment of the
Platform or any other individual's User and enjoyment of similar services;
r)
refers to any Platform or URL that, in Our sole discretion,
contains material that is inappropriate for the Platform or any other Platform,
contains content that would be prohibited or violates the letter or spirit of
these Terms of Use.
s)
harm minors in any way;
t)
infringes any patent, trademark, copyright or other
proprietary rights or third party's trade secrets or rights of publicity or
privacy or shall not be fraudulent or involve the sale of counterfeit or stolen
products;
u)
violates any law for the time being in force;
v)
deceives or misleads the addressee/ users about the origin
of such messages or communicates any information which is grossly offensive or
menacing in nature;
w) impersonate another person;
x)
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
y)
threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign states, or public order
or causes incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
z)
shall not be false, inaccurate or misleading;
II.
You shall not create liability for Us or cause Us to lose
(in whole or in part) the services of Our internet service provider
("ISPs") or other suppliers;
a)
You shall not use any "deep-link",
"page-scrape", "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 Platform or any
Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Platform or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely made
available through the Platform. We reserve Our right to bar any such activity.
b)
You shall not attempt to gain unauthorized access to any
portion or feature of the Platform, or any other systems or networks connected
to the Platform or to any server, computer, network, or to any of the services
offered on or through the Platform, by hacking, password "mining" or
any other illegitimate means.
c)
You shall not probe, scan or test the vulnerability of the
Platform or any network connected to the Platform nor breach the security or
authentication measures on the Platform or any network connected to the
Platform. You may not reverse look-up, trace or seek to trace any information
on any other User of or visitor to Platform, or any other customer, including
any account on the Platform not owned by You, to its source, or exploit the
Platform or any service or information made available or offered by or through
the Platform, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, other than
Your own information, as provided for by the Platform.
d)
You shall not make any negative, denigrating or defamatory
statement(s) or comment(s) about Us or the brand name or domain name used by
Us, or otherwise engage in any conduct or action that might tarnish the image
or reputation, of Sadar 24 or sellers on Platform or otherwise tarnish or
dilute any Sadar 24’s trade or service marks, trade name and/or goodwill
associated with such trade or service marks, trade name as may be owned or used
by us. You agree that You will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Platform or Sadar
24's systems or networks, or any systems or networks connected to Sadar 24.
e)
You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of the Platform or
any transaction being conducted on the Platform, or with any other person's use
of the Platform.
f)
You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal You send to Us on
or through the Platform or any service offered on or through the Platform. You
may not pretend that You are, or that You represent, someone else, or
impersonate any other individual or entity.
g)
You may not use the Platform or any content for any purpose
that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of Sadar 24 and / or others.
h)
You shall at all times ensure full compliance with the
applicable provisions of the Information Technology Act, 2000 and rules
thereunder as applicable and as amended from time to time and also all
applicable Domestic laws, rules and regulations (including the provisions of
any applicable Exchange Control Laws or Regulations in Force) and International
Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including,
but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central
Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your
listing, purchase, solicitation of offers to purchase, and sale of products or
services. You shall not engage in any transaction in an item or service, which
is prohibited by the provisions of any applicable law including exchange
control laws or regulations for the time being in force.
i)
Solely to enable Us to use the information You supply Us
with, so that we are not violating any rights You might have in Your
Information, You agree to grant Us 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 You have
in Your Information, in any media now known or not currently known, with
respect to Your Information. We will only use Your information in accordance
with the Terms of Use and Privacy Policy applicable to use of the Platform.
j)
From time to time, You shall be responsible for providing
information relating to the products or services proposed to be sold by You. In
this connection, You undertake that all such information shall be accurate in
all respects. You shall not exaggerate or over emphasize the attributes of such
products or services so as to mislead other Users in any manner.
k)
You shall not engage in advertising to, or solicitation of,
other Users of the Platform to buy or sell any products or services, including,
but not limited to, products or services related to that being displayed on the
Platform or related to us. You may not transmit any chain letters or
unsolicited commercial or junk email to other Users via the Platform.
7.
Contents Posted on Platform
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user generated content and Sadar 24 has
no control over such third party user generated content as Sadar 24 is merely
an intermediary for the purposes of these Terms of Use.
Except as expressly provided in these Terms of Use, no part of the
Platform and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including "mirroring") to any other computer, server,
Platform or other medium for publication or distribution or for any commercial
enterprise, without Sadar 24's express prior written consent.
You may use information on the products and services purposely made
available on the Platform for downloading, provided that You:
a)
do not remove any proprietary notice language in all
copies of such documents,
b)
use such information only for your personal,
non-commercial informational purpose and do not copy or post such information
on any networked computer or broadcast it in any media,
c)
make no modifications to any such information, and
d)
do not make any additional representations or
warranties relating to such documents.
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 Site as
mentioned herein, and You are not entitled to any payment or other compensation
for such use.
8.
Third Party Information
a)
All information in relation to third parties as available
on the Platforms (collectively referred to as “Third Party Information”)
are provided solely for your reference. Sadar 24 is not endorsing the Third
Party Information and is not responsible for any errors and representation nor
is it associated with it and you shall access the Third Party Information at
your own risk.
b)
Further, it is up to you to take sufficient precautions to
ensure that whatever links you select, whether from the Platforms, or other
Services, is free of such items such as, but not limited to, viruses, worms,
Trojan horses, defects and other items of a destructive nature.
1.
Disclaimer of Warranties and Liability
All the materials and products (including but not limited
to software) and services, included on or otherwise made available to You
through Platform are provided on "as is" and "as available"
basis without any representation or warranties, express or implied except
otherwise specified in writing. Without prejudice to the forgoing paragraph,
Sadar 24 does not warrant that:
·
Platform will be constantly available, or available at all
or
·
The information on Platform is complete, true, accurate or
non-misleading.
Sadar 24 will not be liable to You in any way or in relation to the
Contents of, or use of, or otherwise in connection with, the Platform. Sadar 24
does not warrant that this site, information, Content, materials, product
(including software) or services included on or otherwise made available to You
through the Platform; their servers; or electronic communication sent from Us
are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of
any kind. All the Products sold on Platform are governed by different state
laws and if Seller is unable to deliver such Products due to implications of
different state laws, Seller will return or will give credit for the amount (if
any) received in advance by Seller from the sale of such Product that could not
be delivered to You.
You will be required to enter a valid phone number while placing an
order on the Platform. By registering Your phone number with us, You consent to
be contacted by Us via phone calls, SMS notifications, mobile applications
and/or any other electronic mode of communication in case of any order or
shipment or delivery related updates. We will not use your personal information
to initiate any promotional phone calls or SMS.
2.
Selling
You must be legally able to sell the item(s) you list
for sale on our Website. You must ensure that the listed items do not infringe
upon the intellectual property, trade secret or other proprietary rights or
rights of publicity or privacy rights of third parties. Listings may only
include text descriptions, graphics and pictures that describe your item for
sale. All listed items must be listed in an appropriate category on the
Website. All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe
actual condition of the product. If the item description does not match the
actual condition of the item, you agree to refund any amounts that you may have
received from the buyer. You agree not to list a single product in multiple
quantities across various categories on the Platform. Sadar 24 reserves the
right to delete such multiple listings of the same product listed by you in
various categories. You represent and confirm that
you shall be the sole and exclusive legal owner of all items, goods or products
of any description that you wish to offer for sale on the Website. You shall
have absolute right, title and authority to deal in and offer for sale such
items, goods or products. From time to time, you shall be responsible for
providing information relating to the items or services proposed to be sold by
you. In this connection, you undertake that all such information shall be
accurate in all respects. You shall not exaggerate or over emphasize the
attributes of such items or services so as to mislead other users in any
manner. You shall inform the Platform at the time of listing your product and
subsequent to the listing, of all the declarations as required under the Legal
Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal
Metrology Act, 2009 to be displayed on the website and ensure that the
declarations on the package of the product are duly complied with and regularly
updated, as and when, there is a change therein.
3.
Payment
While availing any of the payment method/s available on the
Platform, we will not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to You due to:
a)
Lack of authorization for any transaction/s, or
b)
Exceeding the present limit mutually agreed by You and
between "Bank/s", or
c)
Any payment issues arising out of the transaction, or
d)
Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform
by you shall be compulsorily in Indian Rupees acceptable in the Republic of
India. Platform will not facilitate transaction with respect to any other form
of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may
request you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest of providing
a safe online shopping environment to Our Users.
Further:
a)
Transactions, Transaction Price and all commercial terms
such as Delivery, Dispatch of products and/or services are as per principal to
principal bipartite contractual obligations between Buyer and Seller and
payment facility is merely used by the Buyer and Seller to facilitate the
completion of the Transaction. Use of the payment facility shall not render
Sadar 24 liable or responsible for the non-delivery, non-receipt, non-payment,
damage, breach of representations and warranties, non-provision of after sales
or warranty services or fraud as regards the products and /or services listed
on Sadar 24's Platform.
b)
You have specifically authorized Sadar 24 or its service
providers to collect, process, facilitate and remit payments and / or the
Transaction Price electronically or through Cash on Delivery to and from other
Users in respect of transactions through Payment Facility. Your relationship
with Sadar 24 is on a principal to principal basis and by accepting these Terms
of Use you agree that Sadar 24 is an independent contractor for all purposes,
and does not have control of or liability for the products or services that are
listed on Sadar 24's Platform that are paid for by using the Payment Facility.
Sadar 24 does not guarantee the identity of any User nor does it ensure that a
Buyer or a Seller will complete a transaction.
c)
You understand, accept and agree that the payment facility
provided by Sadar 24 is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic payment,
receiving payment through Cash On Delivery, collection and remittance facility
for the Transactions on the Sadadr 24 Platform using the existing authorized
banking infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, Sadar 24 is neither acting as trustees nor acting
in a fiduciary capacity with respect to the Transaction or the Transaction
Price.
Payment Facility for Buyers:
a)
You, as a Buyer, understand that upon initiating a
Transaction You are entering into a legally binding and enforceable contract
with the Seller to purchase the products and /or services from the Seller using
the Payment Facility, and You shall pay the Transaction Price through Your
Issuing Bank to the Seller using Payment Facility.
b)
You, as a Buyer, may agree with the Seller through
electronic communication and electronic records and using the automated
features as may be provided by Payment Facility on any extension / increase in
the Dispatch and/or Delivery time and the Transaction shall stand amended to
such extent. Any such extension / increase of Dispatch / Delivery time or
subsequent novation / variation of the Transaction should be in compliance with
Payment Facility Rules and Policies.
c)
You, as a Buyer, shall electronically notify Payment
Facility using the appropriate Sadar 24 Platform features immediately upon
Delivery or non-Delivery within the time period as provided in Policies. Non
notification by You of Delivery or non-Delivery within the time period
specified in the Policies shall be construed as a deemed Delivery in respect of
that Transaction. In case of Cash on Delivery transactions, Buyer is not
required to confirm the receipt of products or services.
d)
Further for refund facility please review Our Refund
Policy, which also governs your visit to this Site, to understand Our
practices.
Compliance with Laws:
a)
As required by Rule 114B of lncome Tax Rules, if the
Customer makes a purchase of an amount equal to or above INR 2,00,000.00
(Rupees Two Lakh Only), the Customer will be required to upload a scanned copy
of his/her PAN card on the Platform, within 4 days of making the purchase,
failing which, the purchase made by the Customer will be cancelled. The
requirement to submit the PAN card arises only once and if it has been
submitted once by the Customer, it need not be submitted again. The order of
the Customer shall stand cancelled if there is a discrepancy between the name
of the Customer and the name on the PAN Card.
b)
Buyer and Seller shall comply with all the applicable laws
(including without limitation Foreign Exchange Management Act, 1999 and the
rules made and notifications issued there under and the Exchange Control Manual
as may be issued by Reserve Bank of India from time to time, Customs Act,
Information and Technology Act, 2000 as amended by the Information Technology
(Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules
made there under, Foreign Contribution Regulation Act, 1976 and the rules made
there under, Income Tax Act, 1961 and the rules made there under, Export Import
Policy of government of India) applicable to them respectively for using
Payment Facility and Sadar 24 Platform.
Buyer's arrangement with Issuing Bank:
a)
All Valid Credit / Debit/ Cash Card/ and other payment
instruments are processed using a Credit Card payment gateway or appropriate
payment system infrastructure and the same will also be governed by the terms
and conditions agreed to between the Buyer and the respective Issuing Bank and
payment instrument issuing company.
b)
All Online Bank Transfers from Valid Bank Accounts are
processed using the gateway provided by the respective Issuing Bank which
support Payment Facility to provide these services to the Users. All such
Online Bank Transfers on Payment Facility are also governed by the terms and
conditions agreed to between Buyer and the respective Issuing Bank.
4.
E-Platform for Communication:
You agree, understand and acknowledge that Sadar 24 is an
online platform that enables you to purchase products listed on the Platform at
the price indicated therein at any time. You further agree and acknowledge that
Sadar 24 is only a facilitator and is not and cannot be a party to or control
in any manner any transactions on Sadar 24.
5.
Indemnity
You shall indemnify and hold harmless Sadar 24, its owner,
licensee, affiliates, subsidiaries, group companies (as applicable) and their
respective officers, directors, agents, and employees, from any claim or
demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of Your breach of this Terms of
Use, Privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
6.
Trademark, Copyright and Restriction
Platform is controlled and operated by Sadar 24 and
products are sold by respective Sellers. All material on Platform, including
images, illustrations, audio clips, and video clips, are protected by
copyrights, trademarks, and other intellectual property rights. Material on
Sadar 24 is solely for Your personal, non-commercial use. You must not copy,
reproduce, republish, upload, post, transmit or distribute such material in any
way, including by email or other electronic means and whether directly or
indirectly and You must not assist any other person to do so. Without the prior
written consent of the owner, modification of the materials, use of the
materials on any other networked computer environment or use of the materials
for any purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use
for which You receive any remuneration, whether in money or otherwise, is a
commercial use for the purposes of this clause. It is expressly clarified that
You will retain ownership and shall solely be responsible for any content that
You provide or upload when using any Service, including any text, data,
information, images, photographs, music, sound, video or any other material
which you may upload, transmit or store when making use of Our various Service.
However, We reserve the right to use/reproduce any content uploaded by You and
You agree to grant royalty free, irrevocably, unconditionally, perpetually and
worldwide right to Us to use the content for reasonable business purpose.
7.
Product Description
Sadar24 does not undertake or warrant that Product
description or other content of this Platform is accurate, complete, reliable,
current, or error-free and assumes no liability in this regard.
8.
Limitation of Liability
In no event shall Sadar 24 be liable for any special,
incidental, indirect or consequential damages of any kind in connection with
these Terms of Use, even if user has been informed in advance of the
possibility of such damages.
Any other matter relating to the services
including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the
Platform or Service. Sadar 24 shall not be held responsible for
non-availability of the Sadar 24 during periodic maintenance operations or any
unplanned suspension of access to the Sadar 24. The User understands and agrees
that any material and/or data downloaded at Sadar 24 is done entirely at Users
own discretion and risk and they will be solely responsible for any damage to
their mobile or loss of data that results from the download of such material
and/or data. Sadar 24 shall not be liable for any dispute or disagreement
between Users.
9.
Termination
Sadar 24 may suspend or terminate your use of the Sadar 24
or any Service if it believes, in its sole and absolute discretion that you
have infringed, breached, violated, abused, or unethically manipulated or
exploited any term of these Terms of Service or anyway otherwise acted
unethically. Notwithstanding anything in this clause, these Terms of Service
will survive indefinitely unless and until Sadar 24 chooses to terminate them.
10. Jurisdictional Issues/Sale in India
Only
Unless otherwise specified, the material on the Platform is
presented solely for the purpose of sale in India. Sadar 24 make no
representation that materials on the Platform are appropriate or available for
use in other locations/Countries other than India. Those who choose to access
this Platform from other locations/Countries other than India do so on their
own initiative and Sadar 24 is not responsible for supply of products/refund
for the products ordered from other locations/Countries other than India,
compliance with local laws, if and to the extent local laws are applicable.
19. Multiple Sellers
You understand that products of a particular style may be
sold on the Platform by multiple sellers and the product price on the listing
page of the Platform, may not always reflect the lowest price for that
particular style. This is because the seller whose price is displayed on the
list page is selected based on the application of a number of parameters and
price is only one such parameter. However, once you land on the product display
page on the Platform for a specific style, You will have access to the price
offered by all sellers on the Platform for the relevant style.
20. Severability
If any provision of the Agreement is determined to be
invalid or unenforceable in whole or in part, such invalidity or
unenforceability shall attach only to such provision and the remaining part of
such provision and all other provisions of the Agreement shall continue to be
in full force and effect.
21. Governing
Law
These Terms of use and all the rules and policies contained
on the platform and any of Your usage of Platform and Your dealings with
Platform shall be governed and construed in accordance with the laws of India.
Court of New Delhi shall have the sole jurisdiction over the disputes arising
out the transactions with Sadar24.
22. Arbitration
If any dispute arises between You and Platform during Your
use of the Website or Your dealing with the Platform in relation to any
activity on the Website, in connection with the validity, interpretation,
implementation or alleged breach of any provision of the Terms of use and all
the rules and policies contained on the Platform, the dispute shall be referred
to a sole arbitrator who shall be appointed by Us. The Arbitration &
Conciliation Act, 1996, shall govern the arbitration proceedings. The
arbitration proceedings shall be in the English language. The place of
arbitration shall be Delhi.