Welcome to _______________________________ (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by __________________________________________________________ (hereinafter referred to as “the Company”) with its registered office located at_____________________________________________. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
BY CLICKING ON THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Vendors (hereinafter referred to as “You” or “Your” or “Vendor or “Merchant”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU UNDERTAKE ANY ACTIVITY ON THE WEBSITE YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.
Our website provides a platform to the Vendors can list their products on our website.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
- “Company” shall mean _______________________ which owns and operates the website, ___________________.
- “Vendor” shall mean an individual or entity who wishes to get its products listed on the Company’s website.
- “Customers” shall mean the individuals who may use the Company’s website for purchasing the products from the Vendors listed on Company’s website.
- “Listing” shall mean and include the products of the Vendors and its related information published/posted on Company’s website.
- “Registration” means the feature offered to vendors to register on our website by providing us your Username, Email- address, password. Once you create an account on our website, you can login on our website using your e-mail id and password and list your services therein.
- You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
- Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
- By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
- Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
- Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
- The Vendors will have to register with us in order to list their products on our website.
- In order to register with us, the Vendor will have to click on the applicable link of registration on our website and therein provide details such as its Username, E-mail id, password or it may even register with us through its Social Networking Site Account (Facebook, Google+, Twitter, etc,). Once the Vendor registers with us its account will be created on our website and using the same it will be able to list its products on our website. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us via call or email at ____________________________ of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, don’t:
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at
- You shall not transfer or sell your account on our website and User ID to another party.
- Our Services are not available to temporarily or indefinitely suspended Vendors. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
- One individual can own only one account in his/her name.
- The Company offers the Vendor with a platform to list its products so that the same can be purchased by the customers visiting their website.
- You can also provide customized products as per the requirements of the customers.
- VENDOR’S RESPONSIBILITY FOR LISTING SERVICES ON THE WEBSITE AND ITS OBLIGATIONS:
- The Vendor agrees to ensure that the listing description of the service must not be misleading.
- Company may perform a variety of marketing activities to promote Vendor and the Vendor’s list of products and other information provided to Company, all such marketing activities will be determined in Company’s sole and absolute discretion and the Company’s website content may be changed, without notice and from time to time, to reflect any such changes.
- The Vendor hereby grants to Company a non-exclusive, transferable, royalty-free, fully-paid, worldwide license, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Marketing Materials, including any trademarks, trade names, service marks, logos, telephone numbers, and addresses therein, for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, and with a right to sublicense, in connection with the Company’s Website, or the Company’s Marketing Activities; and, in connection with Company’s exercise of the license rights granted by the Vendor.
- Company may prepare derivative works of, or incorporate into other works, all or any portion of the Marketing Materials. The license rights granted hereby will apply to any form, media, or technology now known or hereafter developed.
- Company does not assert any ownership over the Marketing Materials; rather, as between Company and the Vendor, and subject to the rights granted to Company herein, the Vendor shall remain the owner of its Marketing Materials and the intellectual property rights associated thereto.
- The Vendor declares that it has all rights, ownership, licenses and authorizations and is authorized to provide such services to the customer via Company’s website. The copy of such ownership, licenses, authorization shall be provided on demand without failure and/or protest.
- VENDOR’S DOCUMENTATION:
- At the time of Vendor Registration and/or at any time thereafter and/or from time to time as may be required, the website may seek information, data or documents as may be specified by the website to verify the details provided by the Vendor.
- The Company has the right to reject any one or more of the documents submitted by vendor and may ask for other documents or further information.
- DUTIES OF VENDOR:
- The Vendor must act in good faith while using the services offered by the Company.
- The Vendor agrees that its listings shall be appropriate and not include any harassment, gender, race discrimination, obscene, vulgar etc. content. The Company reserves the right to delete what it believes to be unacceptable.
- Vendor agrees that the content shall be related to the Vendor and it shall not make any other advertisement through the content.
- Vendor agrees that it shall be solely liable for all the content posted on Company’s website and he shall indemnify us in case of any Intellectual Property infringement by third party.
- Vendor agrees that it shall use the Company’s website in a lawful and ethical manner, which shall not be in conflict with the intent and purpose of the service.
- Vendor shall not use the website to propagate hatred, disaffection or discontent among the local government or use our services for any political purpose.
- The Vendor shall strictly refrain from using abusive, obscene, defamatory, demeaning, libelous, threatening and offensive language while using Company’s services. The Vendor shall also refrain from using its listings to hurt religious sentiments of any person. NO content shall be sexually, racially, regionally or in any way objectionable.
- The Vendor shall refrain from using any type of cheats, mods, cracks, bots, automation software, hacks etc. to gain undue benefit in the course of Company’s services or facilitate the same.
- The Vendor shall not try to gain unauthorized or illegal access into our databases, user files and folders at any time.
- The Vendor shall not take part or initiate an activity that will harm the commercial, business, technical or any related interests of the Company and/or associated companies.
- The Company’s website allows a customer to pay for the services through the Payment Gateways listed on the website.
- The full cost of the services shall be received and processed by the Company and the Company shall release the payment to the Vendor within next 15 days after deducting ________percentage (%) (Commission percentage) and the applicable credit card merchant fees from the payment for the services received by the Company.
- VENDOR’S REPRESENTATIONS, WARRANTS, COVENANTS
- The Vendor hereby represent, warrant, and covenant that:
- the prices charged to Customers through the Company’s website will be identical to those charged to any customer who avails services directly with the Vendor;
- it will comply, and prepare, sell, market, and provide all services in strict compliance, with all state, and local laws, rules, regulations, and standards pertaining to services marketing, safety, as applicable to the Vendor’s operation of its business;
- it will not offer any services that are prohibited by law or by Company’s then-current policies;
- it bears all risks to persons and property arising from its (or its employees’ or service providers’) contact therewith, and agrees to indemnify Company for, any and all claims relating thereto against Company;
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of the Vendor’s Marketing Materials pursuant to the license rights granted to Company by this Agreement does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; and
- the Vendor’s Marketing Materials do not violate any state or federal law, rule, or regulation.
- it shall solely be responsible for any harm caused to the customers due to the services rendered by the Vendor and shall indemnify us in case any customer claims damages from the Company.
- COMPANY’S CONTENT:
Excluding the Marketing Materials, all of the content on the Website and included in the Company’s website (including without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics, the “Company Content”), including the trademarks, service marks and logos are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under laws of India. All Company’s graphics, logos, design, icons, code, scripts and services are registered trademarks, common law trademarks of Company in India. Company’s trademarks and trade dress can be used with the prior written permission of the Company.
- CUSTOMER DATA:
- “Customer Data” means any and all identifiable information about customers/purchasers generated or collected by Company or the Vendor, including, but not limited to, customer’s name, email addresses, services availed, phone numbers, and customer’s preferences and tendencies. The Vendor agrees that it will only use the Customer Data in fulfilling the applicable Customer Order and in complying with its obligations in this Agreement, and the Vendor agrees that Customer Data will not be used to enhance any file or list of the Vendor or any third party.
- Either Company and/or the Vendor may terminate this Agreement any time, for any reason, by providing a _______________ days’ written notice to the other. Neither party shall have any liability to the other party for damages suffered by a party as the result of any such termination.
- The Company may immediately terminate this agreement in case of breach of any of the provision of this agreement by the Vendor.
- Company will, as soon as practicable following such termination (or notice thereof, if terminated by the Vendor), remove the Vendor from inclusion in the Company’s Website.
- Upon termination, each party shall pay to the other any outstanding amounts owed for applicable Customer Orders prior to such termination.
- Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such .
- REMOVAL OF VENDOR:
- If, in Company’s sole opinion, the Vendor ignores relevant and applicable laws and regulations relating to the Service, and/or Company’s guidelines on levels of service required of the Vendor including but not limited to:
- repeatedly behaves in an unprofessional manner;
- repeatedly ______________________ (times approximately) providing poor quality products; then Company shall be entitled to remove the Vendor’s name, its list of services and its logo, from its website without liability to the Vendor.
- If there is a dispute between the Vendor and a Customer, the Vendor understands and agrees that Company is under no obligation with respect thereto, and the Vendor, to the fullest extent permitted by law, hereby releases Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with, any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company.
- In case of dispute between Company and the Vendor, the same shall be referred to the decision of a Sole Arbitrator to be appointed by the Company in accordance with and subject to the provisions of the Arbitration laws of India.
- The seat of such Arbitration shall be at Lucknow in order to deal with the arbitration proceedings and the awards in accordance with law.
- The decision of the arbitrator shall be final and binding.
- The language to be used and all written documents provided in any such arbitration shall be in English.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE VENDOR’S ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET OR MOBILE DEVICES.
- LIMITATIONS OF LIABILITY:
IN NO EVENT SHALL COMPANY OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO VENDOR OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE COMPANY’S WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S LIABILITY TO VENDOR FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE VENDOR TO COMPANY DURING THE PERIOD OF ______________ MONTH(S) PRIOR TO ANY CAUSE OF ACTION FIRST AROSE
The Vendor hereby agrees to defend, indemnify and hold Company and its affiliates, and each of their respective directors, officers, employees, services providers, and agents (collectively, the “Company Indemnities”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of the Vendor’s Marketing Materials, Vendor’s negligence in fulfilling the order, harm to the customer due to Vendor’s services or any breach by the Vendor of this Agreement. Notwithstanding the foregoing, Company reserves the right, at the Vendor’s expense, to assume the exclusive defense and control of any matter for which the Vendor may be required to indemnify a Company Indemnitee, and the Vendor agree to cooperate, at the Vendor expense, with Company’s defense of such claims. Company will use reasonable efforts to notify the Vendor of any such claim, action, or proceeding which may be subject to this indemnification upon Company becoming thereof.
- Except as explicitly stated otherwise, any notices given to Company shall be given by email to ________________________ or at an address __________________________. Any notices given to the Vendor shall be to the email address provided by the Vendor to the Company at the time of listing (or as such information may be updated via the website by Vendor from time to time) or at the mailing address provided by Vendor to the Company.
- Any notice, demand, or request with respect to this Agreement shall be in writing and shall be effective only if it is delivered by email, personal service, by air courier with receipt of delivery, or mailed, certified mail, return receipt requested, postage prepaid, to the address set forth above. Such communications shall be effective when they are received by the addressee; but if sent by certified mail in the manner set forth above, they shall be effective five (5) days after being deposited in the mail. Any party may change its address for such communications by giving notice to the other party in conformity with this section.
- GOVERNING LAW AND ATTORNEY’S FEES:
- This Agreement shall be governed by and construed in accordance with the laws of India without regard to its choice of law principles.
- The parties consent to exclusive jurisdiction and venue in the state courts sitting in Lucknow. In any action or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement, the Company shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.
- BINDING EFFECT:
This agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.
The Vendor shall have no right to (a) assign this agreement, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the services without Company’s prior written consent which may be withheld as Company determines in its sole discretion. Any such purported assignment shall be void. The Company at its sole discretion may assign this agreement to any third party.
If any provision of this agreement shall be found invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to reasonably effect the intent of the parties.
- INJUNCTIVE RELIEF:
Vendor acknowledges and agrees that in the event of a breach or threatened breach of this agreement by Vendor, Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this agreement.
- Company may at any time at its sole discretion modify this Agreement from time to time, and any such changes will (i) be reflected on the Website, (ii) be effective thirty calendar days after being so posted on the Website, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. Company shall also post the amended agreement at the address of the Vendor. The Vendor agrees to be bound to any such changes and understands the importance of regularly reviewing this Agreement as updated on the website to keeping the Vendor’s listing and contact information current.
- Notwithstanding anything to the contrary herein, Company reserves the right to, at any time and from time to time, change, alter, modify, or discontinue the Website and (or any part thereof) with or without notice. The Vendor agrees that Company shall have no liability to the Vendor or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Company’s Website.
- FORCE MAJEURE:
Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, vendors, or products; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
- WAIVER OF RIGHTS:
A failure or delay in exercising any right, power or privilege in respect of this agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
- Termination of this agreement for any cause whatsoever shall not release a party from any liability which, at the time of termination, has already accrued to the other party or which may thereafter accrue in respect of any act or omission prior to such termination.
- Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this agreement or of any clause.
- Each party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this agreement.
- ENTIRE AGREEMENT:
- CONTACT US:
- For any further clarification of out Terms and Conditions, please write to us at ________________________________________ (email address).
- Our Permanent Address is
- Our legal representatives can be contacted at
- Our Dispute Resolution team can be contacted at _____________________________________ (email address).