Resellers Terms & Conditions
Terms and Conditions
1. Payment Terms
– Payment Process
– After the customer/buyer pays for the order, you will receive your earned profit, deducting Commission.
– You authorize indiyaSe or its service providers to collect, process, facilitate, and remit payments electronically.
– Your relationship with indiyaSe is as an independent contractor, and indiyaSe is not liable for the products or services listed on the platform.
2. Documentations
Provide the following documents:
- Firm name, address with pin code, owner details
- Business bank account details
- PAN card Number
- GST Number/ UIN Number
- Products category
3. Charges
– Registration on the Platform is free.
– indiyaSe does not charge a fee for browsing or registering on the Platform.
– Review the fee structure before listing a product or service for sale.
Please note that these are the organized sections of the terms and conditions you provided. You may want to format them according to your specific needs and the legal requirements of your platform or service. It’s also advisable to seek legal counsel to ensure your terms and conditions are legally sound. policy, which is hereby incorporated by reference into this ToU (Terms of use). For the purpose of the Terms of Use (hereinafter referred to as “ToU“) indiyaSe reserves the right to change its fee policy from time to time. In particular, indiyaSe may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, indiyaSe reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to indiyaSe. You shall be solely responsible for compliance with all applicable laws for making payments to indiyaSe. You hereby agree that indiyaSe shall have the right to set off any amounts due and payable by you to indiyaSe against any payments due from indiyaSe to You. It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at indiyaSe’s sole discretion.
4. Your Account and Registration Obligations
– In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time.
– You shall remain responsible for maintaining the confidentiality of this information, as well as your display name, login, and password details.
– If you provide any information that is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to:
– Suspend or terminate your account on the Platform.
– Indefinitely block your access to the Platform.
5. Seller Eligibility
– The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872.
– Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Platform.
– If you are a minor (under the age of 18 years), you shall not:
– Register as a seller on the Platform.
– Transact or use the Platform.
– indiyaSe reserves the right to:
– Terminate your registration.
– Refuse you access to the Platform if it is brought to indiyaSe’s notice or discovered that you are under the age of 18 years.
– If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU, and you have the authority to bind the business entity to the ToU.
6. Seller Account Deactivation
– As per our policy, if a seller requests the closure of the account:
– The account will be put on hold for a period of 60 days to ensure the smooth closure of transactions made prior to the closure request.
– The seller can download payment and taxation reports, if required.
– After 60 days, the seller would be required to reach out to us confirming that they have downloaded the reports and requesting account deactivation again.
– Upon receiving this confirmation, the seller’s account will be deactivated, provided there are no outstanding payments due from the seller.
– Certain information will be retained by indiyaSe at all times, including:
– Registered mobile number.
– Registered email ID.
– GSTIN.
– Other transaction-related information.
– Such information is retained for audit purposes and to prevent fraudulent acts by the sellers in the future.
– If a seller decides to recommence their business with indiyaSe, they will not be able to create a new account, but the older account can be restored if required.
7. Selling
– As a registered seller, you shall list item(s) for sale on the Platform following the policies incorporated by reference in this ToU.
– You must legally be able to sell the item(s) listed on our Platform and possess all necessary licenses and permits for such sales.
– Ensure that the listed items do not infringe upon the intellectual property, trade secrets, or other proprietary rights, or rights of publicity or privacy rights of third parties.
– Listings may include text descriptions, graphics, pictures, or videos describing your item for sale.
– All items must be listed in the appropriate category on the Platform.
– Ensure that listed items are kept in stock for successful order fulfillment.
– The listing description must accurately reflect the actual condition of the product.
– If the item description doesn’t match the actual condition, you agree to refund any amount received from the buyer.
– Avoid listing a single product in multiple quantities across various categories on the Platform. Multiple listings of the same product may be deleted by indiyaSe.
– indiyaSe reserves the right to restrict the selling of products originating from certain countries.
Shipping of Product
– The delivery time frame is estimated and should not be changed without prior notice.
– Any delays should be reported and resolved promptly.
– Persistent delays may result in discontinuation of business relations.
– Logistics partner will pick up the product from you and deliver it to the customer. Ensure timely packing and dispatch.
8. Compliance on Selling of Goods/Services
– Ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST), Union Territory Goods and Services Tax (UTGST), or State Goods and Services Tax (SGST) for the goods/services supplied.
– Charge appropriate goods and services taxes on supplies and remit them to the Government. indiyaSe is not responsible for any deficiencies or omissions.
– indiyaSe will collect tax collection at source at applicable rates on the net value of taxable supplies made through the portal and remit it to the appropriate Government.
– In case of mismatches in tax collection at source, you must provide all relevant information to indiyaSe and handle any liability arising from omissions.
– Provide the corresponding Harmonized System Nomenclature (HSN) code number for each product listing. Failure to provide an HSN code will result in the delisting of the product.
– Provide your GSTIN (Goods and Services Tax Identification Number) for invoicing. Failure to provide your GSTIN will block transactions on your account.
– If you provide an Input Service Distributor (ISD) Registration Number, indiyaSe will issue invoices to the ISD GST registration number as provided by you. Ensure necessary compliance for the ISD registration number.
– In case of conflicts between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.
– You are not required to sell any of your Products exclusively on the Platform, and indiyaSe unilaterally waives any obligation for exclusive sales on the Platform.
9. Shipping of products
i. As a seller, you are required to dispatch the products and/or services for every transaction to the buyer within the time period specified in the TOU to ensure timely delivery. You will be solely responsible for undertaking transit insurance for products sold by you on the Platform. indiyaSe will not be responsible for providing insurance for products sold by sellers.
ii. Sellers shall provide dispatch details and information about after-sales services related to products and services listed on the Platform to indiyaSe in the manner and within the time period specified in the policies. Failure to do so will result in the cancellation of the transaction.
iii. Dispatch of products and/or services should be carried out using only an approved delivery channel that provides appropriate ‘proof of dispatch’ and ‘Proof of Delivery’ (PoDs) documentation. Sellers must maintain PoD documentation related to delivery for a period of 3 (three) years from the date of dispatch. PoDs should be furnished to indiyaSe upon demand, within the specified timeframe.
iv. Sellers agree that the dispatch details provided must be accurate, correct, duly authorized, and not misleading, fraudulent, false, unauthorized, or illegal. They must not contain any misrepresentation of facts.
v. Failure to provide dispatch details or providing details that do not comply with policies may result in consequences specified in the TOU, including suspension and/or termination of the seller’s account.
vi. Sellers agree that the transaction price paid by a buyer will be remitted to the seller’s bank account contingent upon the following events:
vii Once the transaction is completed by the Seller, the remittance to the seller shall be made in accordance with RBI Intermediary Guidelines.
General Information:
– The domain name indiyase.in, including the related mobile site and mobile application, as well as the seller, is owned and operated by indiyase.in (hereinafter referred to as ‘indiyaSe’), a company with its registered office at Eureka tower building, Chennamma circle, Hubli, 580029, Karnataka, India.
Definitions:
– Wherever the context so requires, ‘you’ and ‘your’ relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data during the registration process.
– The word ‘user’ collectively implies a seller, a buyer, and any visitor on the Platform, while the terms ‘we,’ ‘us,’ and ‘our’ refer to indiyaSe.
Terms and Conditions (ToU):
– Your use of the Platform and its features is governed by the following terms and conditions (ToU), including applicable policies available on the Platform, notifications, and communications sent to you on the Platform, which are incorporated herein by reference.
– If you engage in transactions on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction.
– By using the Platform, you contract with indiyaSe, and these terms and conditions, including the policies, constitute your binding obligations to indiyaSe.
Additional Terms for Services:
– When you use any current or future services provided by us through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services. These terms and conditions shall be deemed incorporated into the ToU and considered a part of it.
Modification of ToU:
– We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time.
– We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform.
– Your continued use of the Platform following the changes or updates will indicate your acceptance and agreement to the revisions.
User Privilege:
– As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
Agreement to ToU:
– ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU.
– PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING.
– By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of indiyaSe’s policies applicable to you, as amended, from time to time.
Platform for Transaction and Communication:
– All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. These terms include price, shipping costs, payment methods and terms, date, period, and mode of delivery, warranties, and after-sales services related to products and services. indiyaSe does not determine, advise, control, or involve itself in these commercial/contractual terms between you and buyers.
– indiyaSe does not make any representations or warranties regarding the specifics (such as quality, value, and saleability) of the products or services proposed to be sold on the Platform. It does not endorse or support the sale or purchase of any products and services on the Platform and accepts no liability for any errors or omissions by third parties related to the products and services.
– indiyaSe is not responsible for any non-performance or breach of any contract between you and buyers, nor does it guarantee that transactions will be performed. It is not required to mediate or resolve disputes between you and buyers.
– indiyaSe does not make any representations or warranties regarding the item-specifics (such as legal title, creditworthiness, identity, etc.) of its users. You are advised to independently verify the bona fides of any buyer you choose to deal with and use your best judgment.
– indiyaSe does not take possession of or gain any rights or claims over the products or services offered by you to the buyer during a transaction. It does not hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. It is not responsible for unsatisfactory or delayed performance of services or damages caused by items that are out of stock, unavailable, or back-ordered.
– The Platform is a means for you to reach a larger customer base to sell items or services. The contract for sale of any products or services is strictly between you and the buyer.
– You release and indemnify indiyaSe and its officers and representatives from any cost, damage, liability, or consequences of user actions on the Platform and waive any claims under applicable law. indiyaSe cannot control the information provided by other users on the Platform, and there may be risks in dealing with certain users.
Use of the Platform:
– You understand that indiyaSe and the Platform provide hosting services to registered users and visitors. All items advertised/listed and their contents are generated by registered users and are third-party user-generated content. indiyaSe bears no responsibility or liability for third-party user-generated content.
– indiyaSe is an intermediary and does not interfere in transactions between buyers and sellers. It does not initiate or modify the transmission of information on the Platform.
Binding Principles for Platform Use:
– Your use of the Platform shall be strictly governed by the following binding principles:
Content Restrictions:
You shall not host, display, upload, modify, publish, transmit, update, or share any information or image which:
a) Belongs to another person and over which you have no right.
b) Is grossly harmful, harassing, blasphemous, defamatory, bigoted, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or encouraging money laundering, gambling, or is otherwise unlawful or threatening.
c) Is false, inaccurate, or misleading.
d) Is patently offensive, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm.
e) Harasses or advocates harassment of another person.
f) Involves the transmission of spam, junk mail, chain letters, unsolicited mass mailings, or spamming through unrelated feedback on surveys.
g) Promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous.
h) Infringes upon or violates any third party’s rights, including intellectual property rights, rights of privacy, or rights of publicity.
i) Promotes an illegal or unauthorized copy of another person’s copyrighted work or provides material that exploits people in a sexual, violent, or inappropriate manner.
j) Contains restricted or password-only access pages, hidden pages, or URLs leading to inaccessible pages.
k) Solicits personal information or provides instructional information about illegal activities.
l) Contains unauthorized videos, photographs, or images of another person.
m) Tries to gain unauthorized access or solicits passwords or personal identifying information for unlawful purposes.
n) Engages in commercial activities and/or sales without prior written consent.
o) Solicits gambling or engages in gambling activities that could be construed as illegal.
p) Interferes with another’s use and enjoyment of the Platform.
q) Refers to any website/URL that contains inappropriate material or violates the ToU.
r) Harms minors in any way.
s) Infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, or involves the sale of counterfeit or stolen items.
t) Violates any law in force.
u) Deceives or misleads the addressee/users.
v) Impersonates another person.
w) Contains software viruses or other computer codes or programs designed to disrupt or damage computer resources.
x) Contains any malicious software such as Trojan horses, worms, time bombs, or other programming routines.
y) Threatens the unity, integrity, defense, security, sovereignty, or public order of India, friendly relations with foreign states, or religious and national sentiments.
z) Offers or attempts to offer trade in any prohibited or restricted item under applicable laws and regulations.
2. You shall not use any ‘deep-link,’ ‘page-scrape,’ ‘robot,’ ‘spider,’ automatic device, program, algorithm, methodology, or any similar process to access, acquire, copy, or monitor any portion of the Platform or content. You may not reproduce or circumvent the navigational structure or presentation of the Platform.
3. Unauthorized access: You shall not attempt to gain unauthorized access to any portion or feature of the Platform or its connected systems or networks through hacking, password mining, or any illegitimate means.
4. Security testing: You shall not probe, scan, test the vulnerability of the Platform or any network connected to it, or breach its security measures.
5. Information tracing: You may not reverse look-up, trace, or seek to trace information on any user or exploit the Platform for the purpose of revealing information provided by the Platform.
6. Disruptive activities: You shall not interfere with the proper functioning of the Platform or any transaction on it, or use any device, software, or routine to disrupt the Platform.
7. Impersonation: You shall not forge headers or manipulate identifiers to disguise the origin of any message or communication sent through the Platform.
8. Unlawful use: You shall not use the Platform for any unlawful or prohibited purpose or solicit illegal activities.
9. Legal compliance: You must ensure compliance with applicable laws, rules, and regulations, including Information Technology Act, 2000, and other relevant domestic and international laws. You should also obtain necessary licenses and permits for your use of the Platform.
10. Information use: You grant indiyaSe the right to use the information you provide for promotional, advertising, and business purposes.
11. Accuracy of information: You must provide accurate information about the items or services you intend to sell on the Platform.
12. Advertising and solicitation: You shall not engage in advertising or solicitation of other sellers on the Platform, send chain letters or unsolicited emails, or use information obtained from the Platform to harass, abuse, or harm others. indiyaSe may disclose information as required by law or for investigations.
Content Monitoring and Removal:
indiyaSe reserves the right to monitor material posted on the Platform and remove content that violates applicable laws or the ToU. You are solely responsible for the content you post on the Platform and your interactions with buyers and other sellers.
Business Dealings and Advertisers:
13. Your dealings with advertisers on the Platform, including payment, delivery of products or services, and associated terms, are solely between you and the advertisers. indiyaSe is not responsible or liable for any losses or damages arising from such dealings or the presence of advertisers on the Platform.
Exposure to Offensive Material:
14. Users, including unauthorized persons or hackers, may post offensive or obscene material on the Platform. You may be involuntarily exposed to such material. Others may obtain your personal information due to your use of the Platform and use it to harass or harm you. indiyaSe disclaims responsibility for such unauthorized uses and advises caution when sharing information on the Platform.
Denial of Service (DoS) and Distributed Denial of Service (DDoS) Attacks:
15. indiyaSe reserves the right to take necessary actions and claim damages resulting from your involvement or participation, whether intentional or unintentional, in DoS (denial of service) or DDoS (Distributed Denial of Services) attacks.
Promotional Campaigns:
16. indiyaSe and/or its affiliates, in partnership with third-party sponsors, may organize promotional campaigns on the Platform for the benefit of customers and sellers. Qualification criteria may be set by sponsors to determine which sellers are eligible for campaign benefits. Sellers who meet the objective criteria will be automatically included. Those who do not qualify based on the criteria can choose to participate by opting in. Sellers who opt in for campaigns they are not eligible for will bear the campaign costs limited to their product sales. Qualification for each campaign is based on specific criteria, which may vary. Refer to campaign communications/notifications for detailed information, as communicated from time to time.
Third-Party Generated Content:
– All content on the Platform, including text, graphics, images, trademarks, and more, is considered third-party generated content. indiyaSe is not responsible for this content and acts as an intermediary.
Use and Reproduction of Content:
– Except as expressly permitted in the ToU, you may not copy, reproduce, republish, upload, post, display, distribute, encode, translate, transmit, or distribute any part of the Platform’s content without prior written consent from indiyaSe.
– You may use information about products and services on the Platform for downloading, provided you do not remove proprietary notices, use it for personal and non-commercial purposes, refrain from copying or posting it on networked computers or media, make no modifications to the content, and do not make additional representations or warranties related to the content.
Responsibility for Posted Content:
– You are responsible for the content you post or transmit on the Platform.
– Content posted becomes the property of indiyaSe, and you grant indiyaSe worldwide, perpetual, royalty-free, and transferable rights in such content.
– indiyaSe is entitled to use the content for various purposes, including promotional and advertising, without making any payments or compensation to you.
According to the terms and conditions provided by indiyaSe, sellers are granted limited licenses as follows:
Limited licence
– Sellers are granted a limited, non-transferable, non-exclusive, non-sub-licensable, non-assignable, and personal license to use the “Powered by indiyaSe” and/or “Indiyase.com” name and/or logo on invoices for transactions that are concluded on the Platform.
Use of “indiyase.in” Name and/or Logo on Packing Material:
– Sellers are also granted a limited, non-transferable, non-exclusive, non-sub-licensable, non-assignable, and personal license to use the “indiyase.com” name and/or logo on packing material used for delivering products sold on the Platform.
These licenses appear to provide sellers with the authorization to use certain branding elements of indiyaSe for specific purposes related to their transactions on the Platform. However, these licenses are subject to the terms and conditions specified by indiyaSe.