USER AGREEMENT
INFORMATION TECHNOLOGY ACT, 2000:
“Swadeshi Khareed / www.swadeshikhareed.in” is an intermediary within the meaning of the Information Technology Act, 2000 and the Rules thereunder. This document contains the rules, regulations, policies, agreement and terms and conditions (“T&C”) applicable to any person who may access or use www.swadeshikhareed.in (“Website”), any subdomains, webpages or extension of the Website. The T&C for the use of Swadeshi Khareed / www.swadeshikhareed.in, as set out hereunder is an electronic record as per the provisions of Information Technology Act, 2000 read with the Rules thereunder, as may be applicable and amended from time to time. The T&C has been prepared in compliance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Rules”) which requires publishing the rules and regulations, privacy policy and user agreement for access or usage of www.swadeshikhareed.in Website.
COMPANY DETAILS:
The domain name www.swadeshikhareed.in (‘Marketplace’) is owned and operated by Swadeshi Khareed (India) Private Limited (hereinafter referred to as ‘Swadeshi Khareed’), a Private Limited Company incorporated under the Companies Act, 2013, with its registered office at Swadeshi Khareed, 102, Building No.12B, Mangal Murti Nagar, Vasai (East), Palghar 401208, Maharashtra, India.
ABOUT US:
Swadeshi Khareed / www.swadeshikhareed.in provides an online market platform for (“Vendors/Sellers”) and enables the Vendors/Sellers to sell their products (“Products”) to the buyers (“Buyers”) registered with the Website subject to the rules, regulations, policies, agreement and terms and conditions. For the T&C, wherever the context so requires, any natural or legal person may be referred to as ‘you’ and/or ‘your’ who has agreed to become a Vendor/Seller, a buyer or any User on the Marketplace by providing registration data while registering on the Marketplace using computer systems. The word ‘user’ shall collectively imply Vendors/Sellers, a buyer, and any visitor on the Marketplace and the terms ‘we’, ‘us’ and ‘our’ shall mean Swadeshi Khareed.
By visiting the Website, accessing, browsing, or otherwise using the marketplace, listing the Products and/or placing an Order, the User acknowledges that the User has carefully read, understood, agreed, accepted and shall be subject to and bound by the T&C including rules, regulations and policies. By impliedly or expressly accepting the T&C of Swadeshi Khareed including rules, regulations and policies, you also accept and agree to be bound by such T&C, rules, regulations and policies, as amended, from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. Swadeshi Khareed/ swadeshikhareed.in gives a limited right to the User to buy and sell products and other than this limited right to use the Website, Swadeshi Khareed / swadeshikhareed.in retains all right, title and interest in intellectual property and proprietary rights of the Website.
ELIGIBILITY:
The services provided by the Website to the User are subject to the applicable law and swadeshikhareed.in has no reason to believe that the contracting party is not eligible to enter into a valid contract under Indian Contract Act, 1872 and you can register as a Vendors/Sellers on the Marketplace, transact or use the Marketplace only if you can form legally binding contracts under the Indian Contract Act, 1872.
REGISTRATION:
It is open to all users for registration with Swadeshi Khareed / swadeshikhareed.in . Besides registering with Swadeshi Khareed / swadeshikhareed.in, the Vendors/Sellers are also required to visit the Vendors/Sellers Registration page on the Website and comply with the other formalities as set out therein. Swadeshi Khareed / swadeshikhareed.in may offer listing, packing, courier, warehousing, and other value-added services to the Vendors/Sellers and Vendors/Sellers may avail any of the services by agreeing to comply with the terms and conditions set out therein.
By registering with Swadeshi Khareed / swadeshikhareed.in, the User agrees to provide complete, correct, accurate and recent information, as may be required or requested by us from time to time. The User shall be required to fill in the Registration Form, to register with Swadeshi Khareed / swadeshikhareed.in. The shall additionally be required to provide Bank Account Details, GSTIN, etc. without which we will not be able to raise an invoice on Vendors/Sellers. The User shall keep the account updated and shall immediately inform about any breach of security or unauthorized access of the account. You shall remain responsible for maintaining the confidentiality of this information, as well as your display name, login and password details and of all transactions carried out through the Users’ account. Swadeshi Khareed / swadeshikhareed.in, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of the username, password or transaction details.
Swadeshi Khareed / swadeshikhareed.in shall make payments into the belonging to such Vendors/Sellers. Once payments are made into such a bank account number, Swadeshi Khareed / swadeshikhareed.in shall not be liable/responsible towards the Vendors/Sellers and the seller shall not be eligible for any claims whatsoever.
TAX & LEGAL COMPLIANCES:
Vendors/Sellers shall comply with all the applicable laws, including but not limited to Legal Metrology Act, 2009 and the related rules and regulations, Legal Metrology Packaged Commodity Rules and the related amendments, Food Safety and Standard Authority of India (FSSAI) and obtain all necessary licences and permits applicable to them while listing products on the Marketplace Swadeshi Khareed / swadeshikhareed.in.
As a registered Vendors/Sellers, it shall be your responsibility to ensure full compliance of all prevailing and revised provisions of law, to charge proper goods and services taxes, payment of the same to the Government etc. in accordance to the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) and GST cess as may apply to the transaction in respect of the goods/services supplied by you. shall not be responsible for any deficiency and/or omission on your part. You shall be required to cooperate with us to provide all relevant information to Swadeshi Khareed / swadeshikhareed.in to correspond with the relevant authorities and also in case of any liability accruing on account of your omission, default, failure, etc. you agree that it shall be your obligation to pay such deficit. The marketplace Swadeshi Khareed / swadeshikhareed.in gateway would collect proper tax at source at applicable rates on the net value of taxable supplies made through the gateway and remit to the appropriate Government.
ACCESS TO WEBSITE:
If the User provides any information that is untrue, inaccurate, not current, incomplete or in the event Swadeshi Khareed / swadeshikhareed.in has reasonable grounds to construe that the information shared by the User with Swadeshi Khareed / swadeshikhareed.in is untrue, inaccurate, not current, incomplete, or not as per the T&C rules, regulations, policies, Swadeshi Khareed / swadeshikhareed.in reserves the right to indefinitely suspend or terminate your account on the or indefinitely block you from accessing the Marketplace in any manner whatsoever.
COMMUNICATIONS:
When you use the Marketplace or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
PURPOSE:
The User agrees that the sole purpose of registering or using the Website is to buy or sell the Products, as may be listed on the Website from time to time.
MARKETPLACE TRANSACTIONS:
Swadeshi Khareed / swadeshikhareed.in is a marketplace that users utilize to independently to meet, interact and deal with one another for their transactions.
Swadeshi Khareed / swadeshikhareed.in is a marketplace which merely provides hosting services to its registered users and all items listed including the contents therein are listed by users.
Swadeshi Khareed / swadeshikhareed.in shall bear no responsibility or liability as we are merely an intermediary and does not interfere in the transaction between buyers and /Sellers.
Swadeshi Khareed / swadeshikhareed.in makes available the listing of the Products on the Website and other services through the suppliers, affiliates and service providers and service partners on “as is” basis and without any warranty or condition, express, implied or statutory.
Swadeshi Khareed / swadeshikhareed.in does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users.
Swadeshi Khareed / swadeshikhareed.in has not verified the veracity of the credentials of the User or the authenticity of the listing and shall not be liable in any manner whatsoever for the transaction between the Users. Users are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Marketplace and use your best judgment
Swadeshi Khareed / swadeshikhareed.in is not responsible for any non-performance or breach of any contract between you and buyers.
Swadeshi Khareed / swadeshikhareed.in does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of commercial/contractual terms, between Users, including but not limited to price, shipping costs, payment methods, date, period, mode of delivery, warranties and after-sales services related to products and services.
Swadeshi Khareed / swadeshikhareed.in is not responsible for the unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
LIMITATION OF LIABILITY:
The User is aware that Swadeshi Khareed / swadeshikhareed.in is a digital market place. The User acknowledges that Swadeshi Khareed / swadeshikhareed.in has not verified the bona fides of the User and the Registration of the Vendors/Sellers and the Buyer is on ‘as is’ basis. Swadeshi Khareed / swadeshikhareed.in simply facilitates the Vendors/Sellers to display the Products on the Website and provides the Buyer with an opportunity to purchase the Products listed by the Vendors/Sellers on the Website. Swadeshi Khareed / swadeshikhareed.in at no point of time owns the Products listed on the Website and Swadeshi Khareed / swadeshikhareed.in, its associate, affiliates, service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness of any content, information, error-free and/or uninterrupted services, software, text, graphics, links or communications provided on or through the use or operation of the Website or that of the logistics partner. Swadeshi Khareed / swadeshikhareed.in provides no guarantee to the Buyer in respect of the Products listed or sold on the Website. Consequently, Swadeshi Khareed / swadeshikhareed.in assumes no liability whatsoever for any monetary loss or other damage suffered by the Buyer on account of delay or failure of delivery, interruption, or corruption of any data or other information transmitted in connection with use or operation of the Website or the logistics partner. Swadeshi Khareed / swadeshikhareed.in is not and cannot be a party to any transaction or dispute between users on the Marketplace.
Swadeshi Khareed / swadeshikhareed.in is merely an intermediary and all text, graphics, Vendors/Sellers interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) of the Users are third-party generated Content and Swadeshi Khareed / swadeshikhareed.in has no responsibility or liability over such third-party generated content.
Vendors/Sellers acknowledge that Swadeshi Khareed / swadeshikhareed.in shall not be held liable for any damages, interests, claims etc. causing from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Swadeshi Khareed / swadeshikhareed.in.
LISTING:
As a registered Vendors/Sellers, you shall list item(s) for sale on the Marketplace as per the policies which are incorporated by way of reference in this T&C. You must be legally able to sell the item(s) you list for sale on our Marketplace and must have all the necessary licences and permits required for such sale. 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 include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Marketplace. All listed items must be kept in stock for successful fulfilment of sales. Swadeshi Khareed / swadeshikhareed.in is not responsible for the unsatisfactory or delayed performance of the Vendors/Sellers or damages or delays as a result of items being out of stock back ordered or otherwise unavailable. At no time any right, title or interest over the Product vest with Swadeshi Khareed / swadeshikhareed.in nor shall Swadeshi Khareed / swadeshikhareed.in have any obligations or liabilities in respect of Products. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. Although we will ensure the correctness and genuineness of the products listed by the Vendors/Sellers, Swadeshi Khareed / swadeshikhareed.in does not warrant that product description or other content on the Marketplace is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. You agree not to list a single product in multiple quantities across various categories on the Marketplace. Swadeshi Khareed / swadeshikhareed.in reserves the right to delete such multiple listings of the same product listed by you in various categories. Swadeshi Khareed / swadeshikhareed.in reserves the right to restrict the selling of products originating from certain countries.
DELISTING:
If a Vendor/Seller desires to termination of their account maintained on Swadeshi Khareed / swadeshikhareed.in, the account shall be placed on hold for a period of 60 days from the date of last successful order fulfilment or from the date of such request, whichever later, in order to make sure smooth closure for various reasons including pending transactions, pending orders, etc. or for other reasons as Swadeshi Khareed / swadeshikhareed.in may at its discretion decide. This period will allow the said Vendor/Seller to resolve all transactions with buyers including refunds, request Swadeshi Khareed / swadeshikhareed.in to return or dispose all inventory maintained by us, settle accounts, complete transaction, fulfil orders, copy and backup their complete account statements. After the period of 60 days, the Vendor/Seller would be again required to contact Swadeshi Khareed / swadeshikhareed.in requesting to delist their account maintained on Swadeshi Khareed / swadeshikhareed.in. The Vendor/Seller account shall be delisted, within the period of 15 days (“Delisted Account”), provided no outstanding payments due from the seller. The Vendor/Seller agrees and confirms that they have no abjection if Swadeshi Khareed / swadeshikhareed.in retains any such information for as long as we deem fit and proper for judicious reasons including to refrain fraudulent acts by the Vendor/Seller in future. If a Vendor/Seller decides to commence his business with Swadeshi Khareed / swadeshikhareed.in again, they shall have no option but to revive their old account.
ORDER:
The User may browse and select the items for the various categories of Products listed on the Website. The User may then purchase the selected items by placing an order (“Order“) on the Website and by making the payment along with the charges for the transaction (“Transaction”). Swadeshi Khareed / swadeshikhareed.in does not guarantee the identity of any User nor does it ensure that a buyer or Vendors/Sellers will complete a transaction.
LICENSE & PERMISSIONS:
Swadeshi Khareed / swadeshikhareed.in grants Vendors/Sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “Swadeshi Khareed” and/or “swadeshikhareed.in” name and/or logo on their invoice for transactions concluded on the Marketplace. Further, Swadeshi Khareed grants Vendors/Sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “Swadeshi Khareed” and/or “swadeshikhareed.in” name and/or logo on packing material used by Vendors/Sellers only for delivery of Products sold on the Marketplace.
You shall be responsible for the Content posted or transmitted on the Marketplace. The Content will become our property and you grant us the worldwide, perpetual, royalty-free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted as per the applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this T&C, and you are not entitled to any payment or other compensation for such use.
USER’S OBLIGATIONS:
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and 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 Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Marketplace, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items 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.
- In particular, you shall ensure that if any of your items listed on the Marketplace qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
- The User agrees and undertakes not to host, display, modify, publish, update or share any information or list a Products or any item that:
- belongs to another person and over which you have no right;
- is false, inaccurate or misleading in any way;
- is harmful, blasphemous, defamatory, obscene, pornographic, libellous, hateful, bigotry or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- is unlawful, threatening, harassing including but not limited to the indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
- infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items
- contains software viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal information or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- providing or creating computer viruses, worms, malware or any computer program of any nature whatsoever which may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or Information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insults any other nation;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Marketplace, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Marketplace, or solicits passwords or personal identifying information for commercial or unlawful purposes;
- is false, inaccurate or misleading;
- directly or indirectly, offer, attempt to offer, trade or attempt to trade in 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;
- give rise to any liability on part of the Website or Swadeshi Khareed / in or cause any hindrance (in whole or in part) concerning the services of ISP or other logistics or service partner of the Website or Swadeshi Khareed / swadeshikhareed.in;
- solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
- link directly or indirectly to or include descriptions of items which is in violation of Child and other Labour laws, Drugs and Cosmetics Act, 1940, Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act, 2000 and such other applicable laws and rules thereunder, as may be amended from time to time.
CONFIDENTIALITY AND PRIVACY:
Swadeshi Khareed / swadeshikhareed.in understands the importance and confidentiality of the Information shared by the User with the Website. Considering the personal and sensitive nature of the Information, the User may share with Swadeshi Khareed / swadeshikhareed.in has created the Privacy Policy which can be accessed at the section ‘Privacy Policy’. We will only use your information in compliance with this T&C and our Privacy Policy.
PAYMENT:
Swadeshi Khareed / swadeshikhareed.in is merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Marketplace using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Payment facility is merely used by Vendors/Sellers and buyers to facilitate the completion of transactions and Swadeshi Khareed / swadeshikhareed.in is neither a banking nor financial service. To buy and/or sell any Product listed on the Website, the User agrees and undertake not to make or receive payments in any manner other than as provided, without the prior consent of the Swadeshi Khareed .com. Use of the payment facility shall not render Swadeshi Khareed / swadeshikhareed.in liable or responsible for 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 the Marketplace. Your relationship with Swadeshi Khareed / swadeshikhareed.in is on a principal to principal basis and by accepting the T&C, you agree that Swadeshi Khareed / swadeshikhareed.in is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Marketplace and paid for by using the payment facility.
NATURE OF USER:
Swadeshi Khareed / swadeshikhareed.in is only a platform where the Vendors/Sellers and the Buyer interact with each other on a principal-to-principal basis and the pricing, shipping costs, payment terms, payment methods, date, period and mode of delivery, warranties related to Products listed for sale are in compliance with such obligations and based on bipartite contractual obligations between the Vendors/Sellers and the Buyer.
Swadeshi Khareed / swadeshikhareed.in does not interfere itself in the offer or acceptance of such commercial and/or contractual terms between the Vendors/Sellers and the Buyer. Further, the correlation between the User and Swadeshi Khareed / swadeshikhareed.in is that of an independent party, and nothing herein constitutes or creates any employment, agency, distributorship, franchise, joint venture, partnership or other similar legal relationship between the parties. Neither party shall have any right or authority to act on behalf of or to bind the other nor shall any party represent that it has such right or authority.
CHARGES / FEES:
, however, the User shall pay the service tax, insurance, other taxes, charges, fees and expenses as may be applicable, from time to time (“Charges“) for the Products. The Charges shall vary depending upon a different variety of the Products. Swadeshi Khareed / swadeshikhareed.in reserves the right to change its fee policy from time to time. You hereby agree that we shall have the right to set off any amounts due and payable by you to Swadeshi Khareed / swadeshikhareed.in against any payments due from us to you.
REFUND & RETURN:
Any entitlement for return of the Product or refund of any Payment made for the Order, for any reason whatsoever, shall be as per the Return Policy, Refund Policy and Cancellation Policy as set out at the Website and shall be to the account of the endors/Sellers. Swadeshi Khareed / swadeshikhareed.in shall not be responsible in any manner whatsoever for Return, Refund and Cancellation or the Payment or the charges associated with the same. The Buyer is aware that Swadeshi Khareed / swadeshikhareed.in is neither acting as trustee nor acting in a fiduciary capacity concerning the Transaction or the Payment, by providing the modes of Payment to the Buyer.
REFUSAL OF ORDER:
Swadeshi Khareed / swadeshikhareed.in has the right to reject/refuse an order on the following grounds:
- based on its availability,
- which exceeds the volume limit on such transactions,
- which is in breach of the T&C, or
- which violates any applicable law.
Further no claim for damages shall arise against Swadeshi Khareed / swadeshikhareed.in by the User in such circumstances.
INTELLECTUAL PROPERTY RIGHTS:
The Website is controlled and operated by Swadeshi Khareed / swadeshikhareed.in and products are sold by respective registered /Sellers. All content on the Marketplace, including images, write-ups, illustrations, audios and videos are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute any such content in any way, whether directly or indirectly, without the prior written consent of the owner
TRADEMARK COMPLAINT
Swadeshi Khareed / swadeshikhareed.in respects the intellectual property of others. In case you feel that your intellectual property rights including that of trademark or copyright has been infringed, you can write to customercare@swadeshikhareed.in.
UNDELIVERED PRODUCTS:
On the receipt of the undelivered Product, Swadeshi Khareed / swadeshikhareed.in will intimate the Buyer. Swadeshi Khareed / swadeshikhareed.in will rearrange to re-deliver the Product to the Buyer at such additional cost and Charges as shall be indicated to the Buyer.
LIMIT ON VOLUME OF TRANSACTIONS:
Swadeshi Khareed / swadeshikhareed.in reserves the right to limit the volume of the Order that may be placed on a single User account by the Buyer and may refuse to process such Orders exceeding such limits while making the payment for the Order.
Proprietary Information: The User agrees and acknowledges that all data provided on the Website, including and not limited to all software information, electronic and printed media, contained copyrighted materials, logos, registered trademarks, trade secrets, patent-related materials and other proprietary intellectual property are the proprietary assets of Swadeshi Khareed .com. They are protected by copyright, trade secret, patent laws and other proprietary rights and laws, and they may only be used or accessed otherwise than, as specifically provided for, in the T&C. User shall not re-distribute or re-publish any content from the Website without the express written consent of the Swadeshi Khareed .com.
Protection of Proprietary Information: The User agrees that it will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in the Website. The User shall not otherwise attempt to transfer any right in the Website (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the Website in whole or in part. The User agrees that any violation, of these copyrights, trade secrets, patents, other intellectual property protections or the T&C will lead to prosecution under the Indian Laws.
VARIATION:
Swadeshi Khareed / swadeshikhareed.in may review these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication. Please check this page regularly to ensure you are familiar with the latest version.
BREACH:
Without prejudice to Swadeshi Khareed / swadeshikhareed.in other rights under these terms and conditions, if you breach these terms and conditions in any way Swadeshi Khareed / swadeshikhareed.in we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Marketplace and we may take such action as deemed appropriate to deal with such the breach and/or bringing court proceedings against you.
INDEMNITY:
The User shall indemnify, hold harmless and agrees to defend, indemnify and hold harmless Swadeshi Khareed / swadeshikhareed.in and its respective officers, directors, employees, agents, owners, representatives, licensee, affiliates, subsidiaries, group companies, the suppliers, service providers, service partners from any claim, demand, actions and all claims arising out of the breach of any of the T&C by the User.
FORCE MAJEURE:
Neither Swadeshi Khareed / swadeshikhareed.in nor its affiliates, suppliers, service providers or service partners shall be liable for any failure to perform any obligation due to an event beyond the control of such party resulting from a direct and immediate consequence of any Act of God, pandemic, epidemic riot, civil unrest, earthquake, flood, terrorism, war, act of civil or military authority, or any other natural or man-made eventuality outside control of the parties and which could not have been reasonably foreseen. Swadeshi Khareed / swadeshikhareed.in shall entertain no such claims whatsoever.
SEVERABILITY:
Any invalidity or unenforceability of any clauses shall not affect any other part of this T&C, and such invalid or unenforceable clauses shall be severed or stands modified to give effect to the provisions of other T&C.
ARBITRATION:
Any disputes or differences arising out of or pertaining to this Agreement between Swadeshi Khareed / swadeshikhareed.in and the User concerning as to the meaning or interpretation of provisions of the T&C or as to any claim by one party against the other arising from the use of the Website, shall first be resolved by the parties through negotiations, failing which such disputes/differences shall be referred to Arbitration by a Sole Arbitrator, to be appointed by Swadeshi Khareed / swadeshikhareed.in and all such Arbitration proceedings shall be conducted in compliance with the provisions of the Indian Arbitration and Conciliation Act, 1996. Such arbitration proceedings shall be conducted in the English language and held in Mumbai. The award passed by the Arbitrator in pursuance of such Arbitration proceedings shall be conclusive in nature and binding upon the parties hereto.
GOVERNING LAW:
The products on the Website are displayed solely for sale in India. Swadeshi Khareed / swadeshikhareed.in makes no representation that the products on the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access the Website from other locations/Countries other than India do so on their initiative and Swadeshi Khareed / swadeshikhareed.in is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India and compliance with local laws, if and to the extent local laws are applicable. The T&C shall be governed, interpreted, and construed in with the laws of India. The place of jurisdiction shall exclusively be Mumbai.
CONTACT US
Please send any comments, questions, enquiries to customercare@swadeshikhareed.in
Grievance Officer
In compliance of the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Swadeshi Khareed India Private Limited
33, First FLoor,Evershine Mall, Chicholi Bunder Signal
Link Road Malad West Mumbai 400064
Email: customercare@swadeshikhareed.in
Mon-Sat (9:00 – 18:00), except on National and Public Holidays