GENERAL TERMS FOR SELLERS
ABOUT THIS DOCUMENT
For the purpose of this General Terms Policy and other policies incorporated herein by reference, wherever the context so requires, ‘you’ and ‘your’ relates to any natural or legal person who has agreed to avail services offered by INTENIM through VoilaKart by registering on VoilaKart.com. ‘We’, ‘us’ and ‘our’ shall mean INTENIM. Your relationship with INTENIM, VoilaKart and use of VoilaKart.com is governed by the following terms and conditions.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Mr. Akash Gupta. Tel: + 91 8512042821, Email: akash.gupta@VoilaKart.com, Time: Mon – Fri (10:00 AM – 7:00 PM) and Sat (10:00 AM – 2:00 PM)
MODIFICATION OF TERMS AND POLICIES
MODIFICATION OF SERVICES AND FEES
We may, at our sole discretion, introduce new services and modify some or all of the existing services offered by us, from time to time and without prior notice. We may introduce charges for the new services offered and/or amend or introduce charges for existing services, as the case may be. You agree that your continued use of VoilaKart.com and/or the Contracted Services shall be construed as your consent to such changes.
WHO CAN USE VOILABIZ.COM
When you register with us, we will require you to provide verification documents. Unless you complete the registration formalities, we may not be able to provide you a part or the entire of the Contracted Services. Among the documents that we may require you to provide are: your proof of identity, address and bank account details. In the event that there is any change in the information that you have provided to us, you should promptly intimate us of such change within 5 business days of such change and furnish verification documents reflecting the change.
For all services that are provided by us, you agree to exclusively source such services from us, unless otherwise explicitly agreed by us in writing. In particular and without limiting the foregoing, you shall not contract directly with any marketplace for listing of your products, whether or not we have approached such marketplace for listing of your products. If you wish to list your product with a marketplace not approached by us, you will inform us of the same and we will endeavor to list your product on such marketplace. You agree that in the event of a breach of this exclusivity arrangement by you, we shall be entitled, without prejudice to our other rights and remedies, to specific relief, including an injunction on your dealing with such other third-party causing the breach.
We shall have the right, but not the obligation, to inspect and audit your records, products and places of business ourselves or through an authorised third party. You will cooperate with inspection. The costs of such inspection shall be borne by us, unless such inspection reflects a discrepancy with your stated facts, in which case the cost of the inspection shall be borne by you.
LICENSE TO USE INTELLECTUAL PROPERTY
You will, at all times, retain ownership of and shall be solely responsible for any content that you provide or upload while using VoilaKart.com and/or INTENIM services. You acknowledge that you own or are licensed to use all intellectual property rights (including brand names, trademarks and logos), that you own the distribution rights to sell the merchandise that you list through VoilaKart.com (“Offered Merchandise”). You will not include any brand names or company logos in your product or listing, other than those names or logos which you are authorised to so use by the owners of such intellectual property. You have no objection to our use of such intellectual property rights in the course of delivery of the services agreed by us to be provided to you (“Contracted Services”). You confirm that the use by us, in the course providing Contracted Services, of any intellectual property rights concerning the Offered Merchandise and the distribution of the Offered Merchandise shall not violate any law, contract or third party rights whatsoever. We shall not be responsible to check or verify your aforementioned declarations.
You grant us a limited, royalty-free, non-exclusive, non-assignable, non-transferable license, without the right to sub-license, license to use your trade name, trademarks and other proprietary information and assets for the purpose of carrying out the Contracted Services. Your information will be reproduced as exact copies, and our use of your marks is subject to the branding guidelines provided by you; you may reasonably revise such guidelines from time to time. We acknowledge that all right, title and interest in your marks are exclusively owned by you and/or your licensors, as the case may be, and that all use of your marks shall be to your benefit.
You indemnify us for and against all claims (including legal costs which we may incur to respond to such claims), which may arise on account of breach of any of the foregoing assurances and for breach of any of the terms and conditions to which you have hereby agreed to be bound.
SPECIFIC POWER OF REPRESENTATION
You hereby grant us a specific power of attorney to represent you in all matters concerning the Contracted Services, including interacting and negotiating with marketplaces and third-party service providers. We may enter into legally binding contracts on your behalf, with your confirmation (expressed or implied). The authority shall extend to include such incidental acts as are reasonably required to carry out and perform the Contracted Services. You agree that this power of attorney shall not be revoked until termination of our relationship as provided hereunder.
When you use VoilaKart.com and/or the Contracted Services, 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 from us periodically or as and when required. We may communicate with you by postal mail, email, SMS, notifications on VoilaKart.com, or any other mode of communication, electronic or otherwise.
You may be required to provide your credit card or debit card details for availing the Contracted Services. We will advise you of the amounts that we will charge to your card before effectuating such charge. You agree that the card details provided by you shall be complete and accurate in all respects. You agree not to dispute a charge levied on your card pursuant to your request for a corresponding service.
You shall not use a credit card or a debit card which is not lawfully owned by or which you are not authorized to use. While we will make all commercially reasonable efforts to safeguard your payment details, you acknowledge that there may be third parties involved in processing the payments made through cards, over which we may not have any control. We expressly disclaim all and any liabilities that may arise as a consequence of any unauthorized use of your credit card or debit card pursuant to its use on our systems.
In case of online bank transfers, bank provides the gateway that supports the payment facility. All online bank transfers shall, in addition to the terms applicable hereunder, shall also governed by the terms as may be levied by the intermediating bank.
You agree that your use of VoilaKart.com and of the Contracted Services shall be subject to certain restrictions, some of which are listed below. You confirm that these restrictions are reasonable in their nature and scope. You indemnify us against any cause of action that arises against us by reason of your breach of these restrictions.
You shall follow the rules of selling as are applicable by each marketplace. In particular, you shall not refuse acceptance of payment or fail to deliver a product on the completion of a successful sale and shall honour all legitimate requests for returns and refunds.
You shall not use any means or device, automatic or manual, to access, to copy, to monitor and/or to bypass any portion of VoilaKart.com which is not intended to be made available through VoilaKart.com.
You shall not attempt to gain unauthorized access to any portion or feature of VoilaKart.com and systems associated with VoilaKart.com.
You shall not scan the vulnerability of or breach the security measures of VoilaKart.com or of any network connected to VoilaKart.com. You shall not attempt any exercise in any way, the purpose of which is to discover any information not intended to be provided to you by VoilaKart.com.
You shall not make any denigrating or defamatory statement(s) about us, our services, and our associated third parties. You shall not engage in any conduct or action that might tarnish our image or reputation or otherwise adversely affect any intellectual property owned or used by us.
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or on any systems or networks connected to ours. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of VoilaKart.com, any transaction being conducted on VoilaKart.com or any other person’s use of VoilaKart.com.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through VoilaKart.com, or any service offered on or through VoilaKart.com. You shall not pretend that you are or that you represent someone else, or impersonate any other individual or entity.
You shall, at all times, ensure complete compliance with the applicable laws, including laws relating to information technology, taxation and duties, foreign exchange, antiques, and export and import. In case of a default to comply with any such applicable law, you shall solely be responsible for the consequences and we disclaim all and any liability for such default notwithstanding that our systems and processes may be used by you in causing such default.
From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead us or a third party in any manner.
You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
While we are not bound to monitor or investigate your activities, we have the right to do so. We may, at our sole discretion, remove or edit any content or restrict or discontinue the use of any service that we believe violates any applicable law or contract.
Protection of your privacy is of utmost importance to us. We store and process your information shared with us, including all sensitive information, on computers that are be protected by physical as well as reasonable technological security measures.
We may provide Contracted Services though one or more third party service providers. We cannot and do not provide any assurances or guarantees regarding the management of your information by such third party service providers.
YOUR REPRESENTATIONS AND WARRANTIES
You warrant to make commercially reasonable efforts to ensure that all products delivered to pursuant to the Contracted Services: (i) shall, at the time of delivery, be new products; (ii) shall be free from any design defects or defects in workmanship or materials; (iii) shall conform to all of the technical specifications for such products and shall perform in the manner for which such products were designed; (iv) vest good and valid title to such products which is free and clear of all liens, security interests, encumbrances, burdens and other claims; and (v) and all intellectual property rights embodied or contained therein shall not and do not infringe upon or violate any intellectual property right, including without limitation copyright, trademark, service mark, patent, patent application, trade dress, trade name, trade secret, mask work, mask right or any other proprietary right of any third parties.
OUR REPRESENTATIONS AND WARRANTIES
We shall use reasonable efforts consistent with prevailing industry standards to maintain the Contracted Services in a manner which minimizes errors and interruptions in the Contracted Services. However, Contracted Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of causes beyond our reasonable control. We will use reasonable efforts to provide advance notice in writing of any scheduled service disruption. However, we do not guarantee that the Contracted Services will be uninterrupted or error free. We also do not make any warranty as to the results that may be obtained from use of the Contracted Services. Except as expressly set forth in this section, the Contracted Services are provided “as is” and we disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
For a particular Contracted Service, we may have enforced a specific policy or guideline. Such policy or guideline shall be available on VoilaKart.com. In the event that a provision of this General Terms & Conditions Policy conflicts with a provision of such specific policy, an attempt will be made to interpret the provision in a harmonious manner. If this cannot be achieved, the provision of the specific policy shall prevail over that contained in this General Terms & Conditions Policy.
It shall be your responsibility to ensure that all legal taxes and dues, including stamp duties and octroi as may be applicable, are paid up on documents executed by you.
We will rely on your assurances and warranties contained in this or any other communication between us from time to time, for providing our services. We will not be required to ascertain the veracity of statements made by you. We have no obligation to make any discovery of facts, including pertaining to your legal status, your obligations under various laws and applicable guidelines, etc.
It shall be your responsibility to discover and ensure that you are compliant with the various laws, policies, rules and regulations applicable to you. You will make all reasonable efforts to avoid being blacklisted by any marketplace. Common causes of blacklisting include, but are not limited to, poor performance, fake claims, breach of terms, offer of prohibited products, continual negative feedback, charging in excess of MRP, threat and abuse of other users, creation of fake reviews and ratings, inability to deliver products and listing of irrelevant material. The Contracted Services are non-transferable and are personal in nature to you. You may not sub-license the Contracted Services in any manner whatsoever.
A delay or failure in the delivery of the Contracted Services shall be excused if and to the extent caused by the occurrence of a cause or event that is not reasonably foreseeable by us, caused by us or under our control.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.