Seller Registration Agreement

Last updated on July 31, 2020

 

 

Seller Registration Agreement (‘Agreement’)

 

Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.

 

Popkart India Private Limited  (‘Company’), under a licensing agreement with Popkart, Inc., USA, operates an online based marketplace platform under the name and style of ‘Popmart’ (‘Platform’), as a platform for connecting sellers and buyers of miscellaneous products. Any person who wishes to sell items (‘Seller’) on the Platform shall execute this Seller Registration Agreement.

 

Seller Registration: The Seller shall register with the Platform by providing the requisite information on the Popmart Seller Registration page including details of the Seller’s company registration documents, GST information and valid bank account. The Company reserves the right to procure such information as it deems fit, for the purpose of enabling the registration of the Seller. The Company also reserves the right to reject any application(s) for registration, at its sole discretion, without any requirement to disclose the reason in this regard.

 

The Sellers undertakes to (at all times) provide true, correct and duly authorized data/ information and shall not provide misleading, fraudulent, false, unauthorized and/or otherwise illegal information. The Company has the right (but not the obligation) to suspend/ terminate the Seller’s account / registration with the Platform if the Company discovers or it is brought to the Company’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder. The Seller undertakes to indemnify the Company from and against any loss, liabilities, risks, damages and consequences that may arise in this regard.

 

Invoicing, Shipping & Product Liabilities: Please note that we are a marketplace platform and provide marketplace services to you. We help customers and Sellers connect whereby as Sellers you are selling to customers via our Platform and we are charging a referral fee for the use of our Platform. The Seller shall be solely liable for invoicing and shipping the requisite products to the customer, at it’s cost. The Seller shall be solely liable for and pay any and all taxes related to sale of your products through the Platform (including without limitation goods and service tax). Any liabilities arising from the use, consumption and/or interaction with your products is solely yours and the Company will not be responsible for any loss or damage due to your products.

 

Hold, Suspension and Termination of Popmart Seller Registration: In case of any breach or violation or suspected breach or violation of any of the provisions of this Agreement or the Popmart Terms of Use Agreement or the Company’s policies, the Company may suspend and/or terminate the registration of the concerned Seller or withhold the money payable to the Seller pursuant to this Agreement and the Seller consents to the same. The Company may reinstate or activate Seller’s Popmart Seller Registration or remit the Transaction Price to Seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and policies made thereunder within the time prescribed by the Company. Seller’s Popmart Seller Registration is subject to the Seller remaining an active user of the Platform.

 

Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend Seller’s Popmart Seller Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests, without any prior intimation to the Seller and without incurring any liability in this regard.

 

Know Your Customer (KYC) Documentation: At the time of Popmart Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from Seller and further usage of the Platform shall be subject to Seller’s submission of KYC Documents. The Seller undertakes to provide such KYC Documents as may be required by the Company within the time specified by the Company. It is clarified that until such KYC Documents are provided by the Seller, the Seller is entitled to suspend the Seller’s Account as specified herein.KYC Documents‘ shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration with Popmart Facility or at any subsequent date.

 

The Company may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by Seller and may ask for other documents or further information.

 

Restrictions on Sale over the Platform: The Company reserves the right to set minimum and maximum transaction limits on the Platform  as it may determine (from time to time) for the safety of its Users.

 

You agree not to list and propose to sell any items on the Platform that are set out in the list of Restricted Items set out in Annexure 1 hereto. You further agree not to list any items that have passed the expiry date, in the event the said products are perishable.

 

The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annexure 1) or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting, the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting. 

 

Non-Solicitation:

 

On and from the execution of this Agreement and / or registration with the Platform (whichever is earlier), the Seller shall not (either directly or indirectly) whether for profit or otherwise: (i) solicit any of the clients / customers of the Company / Platform through any mode other than through the Platform; (ii) solicit / direct any person utilising the Platform to utilise or access any other online portal; and / or (iii) persuade any client / customer of the Company / Platform to cease doing business with the Platform or to reduce doing the business undertaken by such person with the Company / Platform.

 

Notwithstanding anything to the contrary contained in this Agreement, forthwith upon termination of this Agreement, the Seller shall cease to represent itself as a seller of the Platform.

 

No Infringement of Intellectual Property of Company and Third Parties: The Seller hereby agrees that Company has the sole right and title to all the information / data pertaining to the customers of the Company / Platform (as the case may be) and undertakes not to copy any such information belonging to the customers of the Company / Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Platform, and will hold the Platform  and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Platform  carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Platform or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Platform  or the Company or that you have any right to represent the Platform  or the Company. 

 

The Seller acknowledges and confirms that the intellectual property arising out of or in relation to the Platform belongs to the Company and that it has no right, title or interest over the same. The disclosure of intellectual property by the Company to the Seller, pursuant to this Agreement, shall not be construed as granting to the Seller, any rights, (whether express or implied, by license or otherwise), on the Confidential Information and / or the intellectual property.

 

The Seller further agrees and undertakes not to utilise the intellectual property of the Company (including without limitation the logo / brand of the Company) without the prior written consent of the Company. 

 

Appropriate Description in Listing: You shall be responsible for providing information relating to the items offered to be sold by you on the Platform. You undertake that all such information at all times shall be true, accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Platform so as to mislead other Users in any manner. 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 use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing. The Company may at any time request the Seller for source of inventory of all the items listed, and the Seller shall provide for the same to the Company.

 

You shall not solicit Users to send you payments by any method not approved or provided for on the Platform by the Company.

 

You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Platform. 

 

Clean Sale: You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Platform. You shall have absolute right, free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by you on the Platform. 

 

If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Platform  is violative of this clause or this Seller Registration Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith. 

 

Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.

 

Feedback: Buyers of items on the Platform are entitled to write reviews and rate the items as well as the Seller on the Platform. As a Seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Platform  for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by Buyers and other Users in consideration of being allowed to participate in the Platform  for the purpose of selling your items.

 

International Trading: If you opt for offering your products as and when Company begins to offer them to international customers, It will be solely your responsibility to ensure that before listing an item for sale on the Platform, such item can be shipped outside India under applicable laws. If you list any item that is in violation of the applicable laws, you will be liable to make good any loss suffered or cost borne by the Platform, the Company or other Users who rely on such listing including reimbursement of any service charges incurred towards the Popmart Facility or any other mode of payment or payments made towards taxes or government charges or any levy in respect of such item. You shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be delivered. You are prohibited from selling any item to Buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India.

 

Refusal to sell: Once any User confirms a purchase in response to a listing made by you by making requisite payment through payment on billing, the sale is considered complete and all property and title in the listed item passes on to the Buyer. You cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed. In case of sale of item wherein the Buyer has opted for payment on delivery as a payment method, the sale is considered complete and all property and title in the listed item passes on to the Buyer only after payment of the Transaction Price and upon Delivery.

 

Pricing: The price of the item proposed to be purchased shall include, if applicable, all applicable taxes, duties, costs, charges and expenses in respect thereof.

 

Ending of Listing: You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.

 

Rules for Dispatch: The Seller (other than a Seller availing the delivery services under Popmart MBP – Managed By Popmart program) is required to dispatch the items for every transaction to the Buyer within [3] days from the Payment Confirmation or within such timelines as may be agreed upon between the Buyer and Seller through the Platform  to ensure that the items are Delivered within timely manner. You should Dispatch the item only after receiving the Order Confirmation from the Company. Upon delivery of the products, you will confirm the same to the Company. In the event of any delay in the delivery of the products, for reasons beyond the control of the Seller, the Seller shall promptly inform the Company of such delay.

 

You shall send an invoice addressed to the Buyer for the Transaction Price together with the item at the time of Dispatch.

 

Remittance to Sellers: 

 

The Transaction Price shall be collected and paid through the payment aggregators who shall in turn remit the monies to the accounts of the Company. Thereafter, the Company shall, after deduction of the Referral Fees (as may be mutually agreed between the Seller and the Company) remit such amounts to the registered account of the Seller. While making the payments to the Sellers by the Company, the Company shall at all times withhold any applicable TCS (Tax Collected at Source) per the applicable rates as mandated by the government of India.

 

Seller agrees that the Transaction Price paid by a Buyer, less Company’s Referral Fee, payment gateway charges and the TCS withholding as described below, will be remitted to Seller’s Bank Account contingent upon the following events: 

·       Seller confirming the Delivery of items in the Transaction, or Buyer does not raise a refund claim within [5] days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law.

·       The Company, in compliance of Section 52(1) of the CGST Act2017 that mandates that TCS is to be collected on the net taxable value of e-commerce sales by any ECO (electronic commerce operator) shall withhold the applicable percentage of the total Transaction price, except for products that are classified by the government as exempt supplies.

 

Warranties and Undertakings: Seller warrants and undertakes that: 

  • The Seller shall at all times comply with the applicable laws (including without limitation the laws applicable to labelling of the products).
  • All sales of items listed on the Platform are on principal to principal basis and bipartite contracts between Seller and Buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Platform and/or Logistics services does not in any way becomes a party to the contract for the sale of the item.
  • Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the Seller and the Buyer will be entitled to refund. 
  • In the event that:
    • the Seller fails to Deliver within the time prescribed; or 
    • the Seller sells or Delivers any illegal, prohibited (Annexure 1) or counterfeit items; or 
    • the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or 
    • there is any dispute between Seller and the Buyer relating to the Transaction, or 
    • the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or 
    • the Buyer claims a refund of or charges back the Transaction Price the Company has the right to take appropriate legal action including right to set off from subsequent remittances to Seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller. 

 

For any of the events listed above, the Seller further unconditionally agrees to indemnify and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the Popmart Facility. 

·       In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.

·       Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder. 

 

Seller verification and refund to Buyers: The Seller authorises the Company to perform certain checks before remitting the Transaction Price to Seller’s Bank Account to ensure the safety of the Transaction, Platform and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Seller’s Valid Bank Account and require Seller to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following circumstances:

    • If the Seller does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Platform; or
    • If the verification documents submitted are invalid, tampered or forged; or 
    • If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or 
    • If the Seller has not Dispatched the items using a recognized dispatch channel but used any other means; or
    • If Seller has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or 
    • If the Seller has listed an Item which violates the User Agreement or the rules and polices made thereunder; or
    • If the Seller has Dispatched an item different from the description mentioned on the Transaction, or 
    • The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance. 

In all the above cases the Company will not be held liable for any loss incurred by the Seller arising out of such refund.

 

Chargeback
A chargeback occurs when the
Buyer disputes a charge on his credit / debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder/Buyer, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to deduct such amount from any amount payable to the Seller by the Company. If no such amount is payable the Company may demand such amount to be paid forthwith by the Seller. The Seller will notified of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Company charge the Company with any penalty or fee or charge for such chargeback in respect of the Transaction which the Company is required to pay, the Seller will be liable to pay such penalty or fee to the Company, and the same may be recovered in the manner aforesaid.

 

Term and Termination

The term of this Agreement will start on the date of your completed registration for use of a Service for use of the Platform and continue until terminated by us or you as provided below. You may at any time terminate your use of the Platform with 30 days’ advance written notice to us via email or similar means. We may terminate your use of the Platform  or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of the Platform immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or  illegal activity; or (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Popmart’s legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination.

 

Customer Privacy Policy and Seller’s Responsibilities
The Company will share from time to time the personal information shared by
the Buyer with the Company (hereby referred to as Personal Information) including their name(s), addresses, phone numbers and their purchases to enable the Seller to deliver the items purchased to such Customers. The Company is committed to rigorously protecting the privacy of it’s customers and hence requires the Sellers to also treat the customer information as confidential information and adhere to the following to protect the Personal Information at all times:

    • Seller shall use Personal Information only as necessary (i) for the purposes of carrying out its obligations pursuant to the Agreement or (ii) otherwise in accordance with Customer’s written instructions.
    • Seller shall treat Personal Information in strict confidence. Seller shall not share, transfer, disclose or otherwise provide access to any Personal Information to any third party (such as subcontractors, agents or affiliates) for any reason except as necessary to carry out the services it is providing under the Agreement.
    • Seller shall not retain or save such Personal Information for their own business use.
    • Seller will not use the Personal Information shared by the Company to contact the Customers directly or solicit new business from them or offer to sell new products or services to them without listing such items on the Company’s platform(s).

 Force Majeure: No Party shall be liable to the other Parties for failure to perform its obligations hereunder, if such performance is prevented, restricted or interfered with due to a Force Majeure event. Upon the occurrence of a Force Majeure event, the affected Party shall give prompt notice of the Force Majeure event along with a description of such Force Majeure event to the other Parties, including in reasonable specificity, of the cause of the Force Majeure event to the other Party. Upon the occurrence of a Force Majeure event, the time period for completion of the obligations hereunder shall stand extended by the duration during which the Force Majeure persists.

 

Disclaimer: Notwithstanding anything to the contrary contained hereunder, the Company, its directors, officers or employees, make no representations and extend no warranties of any kind in relation to the Platform, either express or implied, including but not limited to warranties of merchantability; fitness for a particular purpose; validity, non-infringement of any third party rights; and the absence of latent or other defects, whether or not discoverable.

 

Limitation of Liability: Notwithstanding any clause to the contrary in this Seller Registration Agreement, save and except the provisions for damages that may have been quantified and indemnification provided herein, neither Party shall be liable to the others, for any incidental/ consequential loss, penal and exemplary or like damages, whether arising out of breach of contract, tort, strict liability or other legal theory or for lost profits (including direct or indirect loss of profit), even if advised of the possibility of the same.

 

Indemnity: The Seller shall be liable to indemnify and hold harmless the Company, its director, employees, agents, representatives, successors-in-interest and assigns (each an ‘Indemnified Person’) from and against all actions, claims, proceedings, losses, liabilities or judgments (collectively ‘claims’) and any actual losses, costs, charges, expenses (including court costs and reasonable attorney’s fees), damages including consequential damages (collectively ‘losses’) of whatever nature, incurred or suffered by the Indemnified Person in connection with or arising out of or resulting from or incidental to: (i) breach of any of the covenants or provisions of this Seller Registration Agreement by the Seller, it’s agents, representatives or employees; (ii) the suppression of facts, inaccuracy or breach of any representation and / or warranty by the Seller; (iii) non-compliance of the applicable laws by the Seller; (iv) failure by the Seller, it’s associates, agents, representatives and / or employees to perform their respective obligations under this Seller Registration Agreement with due care and diligence; (v) any fraud, negligent act or wilful default or omission by the Seller, it’s associates, agents, representatives and / or employees.

 

The benefit of this indemnity shall survive the termination (for any reason whatsoever) or expiry of this Agreement.

 

Notice: Any notice required to be given hereunder, by either Party to the other, will be in writing and be issued by registered post acknowledgement due or by reputed courier, duly acknowledged or by e-mail, provided that the notice issued is received by the other Party and such receipt is duly acknowledged / confirmed.

 

For Seller:

Attention:

Address:

Email:

For Company: Popkart India Pvt. Ltd.

Attention: Ms. Jayashree Elan, COO

Address: 345, Ph II Adarsh Palm Meadows Ramagondanahalli, Old Airport Varthur Road Bangalore, Karnataka 560066

Email: jaya@popmart.in

 

Any notice or other communication received on a day other than a working day, or after business hours in the place of receipt, shall be deemed to be given on the next following working day.

 

Governing Law & Dispute Resolution: This Agreement shall be governed by and interpreted in accordance with the laws of India. Any and all disputes (other than technical disputes) that may arise under or in connection with this Agreement shall be notified in writing by the one Party to the other and shall be settled in an amicable and conciliatory manner within a period of 7 (Seven) days from the date of receipt of notice in this regard.

 

Any disputes remaining unsettled within the time period specified above, shall be finally settled in accordance with the Arbitration and Conciliation Act, 1996, as amended and the Arbitration Centre – Karnataka (Domestic and International), Rules 2012, including any modifications thereto. The seat and venue for the arbitration shall be Bangalore, Karnataka, India. The procedure prescribed under the Arbitration Centre – Karnataka (Domestic and International), Rules 2012 shall apply to the arbitration proceedings. The arbitral tribunal shall comprise of a sole arbitrator nominated by said Arbitration Centre. The award of the arbitral tribunal shall be final and binding on the Parties. All the proceedings shall be conducted in English language. During the pendency of a particular dispute, the Parties shall continue to fulfil all their respective obligations that are not related to the subject matter of dispute.

 

Subject to foregoing, the courts at Bangalore shall have exclusive jurisdiction over any dispute arising out of or in relation to this Agreement.

 

Entire Agreement: This Seller Registration Agreement and Annexures and attachments thereto, represent the entire agreement between the Parties and shall supersede and extinguish and prevail over all previous letters of intent, drafts, agreements, understandings, term sheet, assurances and discussions between the Parties (whether oral or in writing) relating to the subject matter herein.

 

Assignment: None of the Parties shall be entitled to assign its rights under this Agreement to any person, without the prior written consent of the other Parties.

 

Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future Law, such provision shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

 

Modification: Any modification, variation or alteration to this Agreement shall, to be valid, be in writing and shall be signed by all the Parties hereto.

 

Waiver: No failure to exercise nor any delay in exercising any right, power, privilege or remedy under this Agreement shall in any way impair or affect the exercise thereof or operate as a waiver thereof in whole or in part.

 

Non-Exclusive: It is expressly understood and agreed that this Agreement does not grant Seller any exclusive privileges or rights, and Company may contract with other Sellers for sale of their products on its Platform.

 

Acceptance: Please read these terms of arrangement carefully. By accepting / pressing the ‘I Accept / I Agree’ button of the on the Platform / using the Platform for selling it’s Products, the Seller agrees to be bound by: (a) the terms and conditions set out hereunder; (b) the Company’s policies (as may be updated from time to time); (c) the privacy policy of the Company; and (d) the User Agreement. By accepting this Agreement, you confirm having read the terms of this Agreement.

 

ANNEXURE 1
LIST OF RESTRICTED ITEMS

  • Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne
  • Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Platform  access and/or Platform  memberships of pornography or illegal sites 
  • Body parts which includes organs or other body parts
  • Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
  • Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
  • Child pornography which includes pornographic materials involving minors
  • Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
  • Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
  • Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
  • Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
  • Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
  • Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
  • Endangered species which includes plants, animals or other organisms (including product derivates) in danger of extinction
  • Gaming/Gambling which includes lottery tickets sports bets, memberships/enrolment/ online gambling sites, and related content
  • Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
  • Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software’s, servers Platforms, or other protected property
  • Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
  • Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
  • Offensive goods which includes literature, products or other material that:
    • Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
    • Encourage or incite violent acts
    • Promote intolerance or hatred
    • Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
  • Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practitioner.
  • Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
  • Regulated goods which includes air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods regulated by government or other agency specifications
  • Securities which includes stocks, bonds, or related financial products
  • Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
  • Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
  • Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
  • Wholesale currency which includes discounted currencies or currency exchanges
  • Live animals or hides/skin/teeth, nails and other parts etc. of animals
  • Multilevel marketing collection fees
  • Matrix sites or sites using a matrix scheme approach
  • Work-at-home approach and/or work-at-home information
  • Drop-shipped merchandise
  • Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
  • The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g. adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses
  • Business or Platforms that operate within the scope of law which are not absolutely clear or are ambiguous in nature (Web-based telephony, Platforms supplying medicines or controlled substances, Platforms that promise online match making, etc.)
  • Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/ sweepstakes& games of chance)
  • The merchant who deal in intangible goods/services (e.g. software download/health/beauty products), and business involving pyramid marketing schemes or get-rich-quick schemes. Any other product or service which in the sole opinion of the EBS or the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement.
  • Bulk marketing tools which includes emails, lists, software or other products enabling unsolicited email messages (spam)
  • Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services.
  • Mailing lists