This document is an electronic record in
terms of the Information Technology Act, 2000 and rules made thereunder as
applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
This document is published in
accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and user agreement for access or usage of www.OdishaEStore.com
website.
Your use of the OdishaEStore website {including www.OdishaEStore.com including
mobile application (hereinafter collectively referred to as the
"Website") and its related sites, services and tools is governed by
the terms and conditions as contained in this Agreement applicable to the
Website and for other websites of Odisha E Store Infotek and our subsidiaries and
international affiliates. This User Agreement for the Website shall come into
effect on 00:00 hours, Indian Standard Time 26th September, 2011 ("User
Agreement"). OdishaEStore.com is an internet E-commerce based portal
operated by Odisha E Store Infotek; a proprietor firm having its registered office
at Odisha E Store Infotek, Nayabazar, Nuapada, Cuttack, Odisha, India. For the
purpose of this User Agreement, Registered User / Guest User and wherever the
context so requires, '"You", "Your" shall mean any natural
or legal person who is accessing the Website, its contents and using the
services offered on or through the Website and has agreed to become a member of
the Website by providing Registration Data (as defined hereinafter) while
registering on the Website as a Registered User / Guest User using the digital
systems of the Website and accepted this electronic version / electronic record
of the User Agreement and has allocated himself/herself a unique identification
user name ("User ID" and "Password") to become a Registered
User or has been identified as Guest User by providing phone number and email
id. Further, reference to "we", "us", "our" and
"OdishaEStore" shall mean Odisha E Store Infotek (OdishaEStore.com) and
includes its associates, affiliates and subsidiary (ies).
The use of the Website is
offered to you conditioned upon Your 'Acceptance' of all the terms, conditions
and notices contained in this User Agreement. Upon "Acceptance", this
User Agreement shall be effective and binding upon you along with any
amendments made by OdishaEStore at its sole discretion and posted on the Website
and you shall not claim invalidity of this User Agreement merely on the grounds
that this User Agreement is being documented concluded electronically. For the
aforesaid purposes, 'Acceptance' shall mean Your affirmative action by in clicking
on the 'check box' and on the 'continue' button' as provided on the
registration page or clicking on 'Buy Now' button while transacting as a Guest
User or any act which reflects Your use of the Website or the services provided
by the Website or any such other actions that imply Your acceptance to the
present electronic document. You hereby further agree that this User Agreement
is being concluded and executed at Gurugram. Your use of the Website implies
that you agree with the terms of the User Agreement. If you do not agree or are
not willing to be bound by the terms and conditions of this User Agreement and
Rules and Policies as displayed on the Website, please doyou may choose to not
click on the "check box " and/or on the "continue" button
and/or "Buy Now" button and not seek to obtain access to or otherwise
use the Website.
Amendments:
When you use any of the services provided by us through the Website, including
but not limited to Product Reviews, Seller Reviews etc., you will be subject to
the rules, guidelines, policies, terms, and conditions applicable to such
services, and they shall be deemed to be incorporated into this User Agreement
and shall be considered as part and parcel of this User Agreement. We reserve
the right, at our sole discretion, to change, modify, add or remove portions of
the User Agreement, at any time without any prior written notice/intimation to
you. It is Your responsibility to review this User Agreement periodically for
any updates / changes. Your continued use of the Website following subsequent
to the posting of updates/changes shall mean that you accept and agree to the
revisions. As long as you comply with the provisions of this Agreement, we
grant you a personal, non-exclusive, non-transferable, limited privilege to enter
and use the Website.
By accepting this User
Agreement, you also accept and agree to be bound by OdishaEStore.com Rules
Policies and Policies Rules as provided from time to time in the following
hyperlinks:
1. OdishaEStore.com Terms & Conditions.
2. OdishaEStore.com Privacy Policy.
1. Membership Eligibility
Use of the Website is available only to persons who can perform legally binding
contracts under 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 Website. If
you are a minor i.e. under the age of 18 years, you shall not register as a
member of the Website and shall not sell, purchase or bid for any items on the
Website except through Your legal guardian or parents who have registered as
users on the Website or can use the Website as a Guest User. OdishaEStore.com
reserves the right to terminate Your membership and refuse to provide you with
access to the Website if it is brought to our notice or if it is discovered
that you are under the age of 18 years.
Business entity registration:
If you are registering as a business entity, you represent that you are duly
authorized to accept this User Agreement and you have the authority to bind
Your business/legal entity to this User Agreement.
Guest User: If you are
transacting as a Guest User, you shall not be allowed to list/ sell products or
services on Website and there could be certain additional restrictions on you
as a Guest User for Your purchase and the other functionality of the Website
available to you. As a Guest User, Buyer will not be eligible for Clues Bucks
and all other benefits that are not assignable to a non-registered user.
2. Your Account and
Registration Obligations
If you use the Website as a Registered User, you are responsible for
maintaining the confidentiality of Your User ID and Password. If you use the
Website as a Guest User, you are responsible for maintaining the
confidentiality of Your email ID and phone number and restricting access to
Your computer, computer system and computer network. You are responsible for
all activities that occur under Your User ID and Password (if registered) or
email ID and phone number (if Guest User) as the case may be. Also as a Guest
User, you shall ensure the physical security and possession of Your device, the
details of which are used to transact services with OdishaEStore.com. You agree,
inter alia, to:
Provide true, accurate, current
and complete information about yourself as prompted by OdishaEStore.com's
registration form or provided by You as a Guest User (such information being
the "Registration Data")
You must include any of Your contact details such as email addresses etc. in
Your User ID while registering as a Registered User; and
Maintain and promptly update the Registration Data to keep it true, accurate,
current and complete at all times;
You must immediately notify us of any unauthorized use of Your password or
account or any other breach of security, and
Ensure that You exit from Your account at the end of each session.
If you provide any information that is
untrue, inaccurate, not current or incomplete, or OdishaEStore.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the User Agreement. OdishaEStore.com has
the right to indefinitely suspend or terminate or block access of Your
membership with the Website and refuse to provide You with access to the
Website. OdishaEStore.com shall not be liable for any loss or damage arising from
Your failure to comply with this Clause 2.
3. Electronic Execution and
Communications
When You use the Website or send emails or other data, information or
communication to OdishaEStore.com, You agree and understand that You are
communicating with OdishaEStore.com through electronic records. You consent to
receive communications from us electronically. For contractual purposes, You
consent to receive communications (including transactional, promotional and/or
commercial messages), from us with respect to your use of the Website and/or
your order placed on the Website. We will communicate with You by email or by
posting notices on the Website or through any other OdishaEStore services. You
agree that all the agreements, notices, disclosures and other communications
that we provide to You electronically shall be deemed to be an adequate service
of notice/electronic record and satisfy any legal requirement that such
communications be in writing.
4. Fees and Services
Membership on the Website is free. Being an Intermediary under the Information
Technology Act, OdishaEStore.com does not charge any fee for browsing and buying
on the Website. However, before You list an item for sale through the Website,
we request You to review our Fees and Credit Policy, which is hereby
incorporated by reference into this agreement. OdishaEStore.com reserves the
right to change its Service Fee and Credit policies from time to time at its
sole discretion including without limitation right to introduce fees for the
new services offered or amend/introduce fees for existing services, as the case
may be. Any modifications to the Fee and Credit policies shall be posted on the
Website and such changes shall become effective immediately. Unless otherwise
stated, all fees shall be quoted in Indian Rupees and be payable to Odisha E Store
Infotek within such time as specified in the invoice.
4.1. Taxes: You are responsible
for paying all fees associated with the use of the Website and You agree to
bear all and any applicable taxes, charges, cess etc. levied thereon in
accordance with the Law or Government Regulations for the time being in force.
4.2. Non-payment: OdishaEStore.com
reserves the right to issue a warning, temporarily /indefinitely suspend or
terminate your membership of the Website and refuse to provide You with access
to all current and future use of the Website in case of non-payment of fees by
You to OdishaEStore.com. OdishaEStore.com also reserves the right to take legal
action in case of non- payment of fees.
5. Use of the Website
5.1. You understand and agree that OdishaEStore and the Website merely provides
hosting services to its Registered Users and persons browsing / visiting the
Website. All items advertised / listed and the contents therein are advertised
and listed by Registered Users and are third party user generated contents. OdishaEStore.com
neither originates nor initiates the transmission nor selects the sender and
receiver of the transmission nor selects or modifies the information contained
in the transmission. OdishaEStore.com has no control over the third party user
generated contents and does not provide any guarantee with respect to any such
contents and OdishaEStore shall not be held liable for any loss suffered by you
based on your reliance on or use of such data/content.
5.2. You agree, undertake and
confirm that your use of the Website shall be strictly governed by the
following binding principles:
5.2.1. "Your Information”
is defined as any information You provide to us or other users of the Website
("Users") in the registration (as Registered User or as Guest User),
buying or listing process, in the feedback area or through any e-mail feature.
You are solely responsible for Your Information and we act only as a passive
conduit for Your online distribution and publication of Your Information.
5.2.2. Your Information (or any
items listed): Please note that in accordance with the Information Technology
(Intermediaries guidelines) Rules 2011, in case of non-compliance with rules
and regulations, user agreement and privacy policy, for access or usage of
intermediary computer resources, the Intermediary has the right to immediately
terminate the access or usage rights of the users to the computer resources of
Intermediary and remove non-compliant information.
5.2.3. In terms of Information
Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake
that You shall not host, display, upload, modify, publish, transmit, update or
share any information or share/list(s) any information or item that:
belongs to another person and
to which You do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation
of Women (Prohibition) Act, 1986;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third
party's trade secrets or rights of publicity or privacy or is fraudulent or
involves the sale of counterfeit or stolen items;
involves the transmission of "junk mail", "chain letters",
or unsolicited mass mailing or "spamming";
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
impersonate another person/entity;
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer resource;
or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or
other computer programming routines that may damage, detrimentally interfere
with, diminish value of, surreptitiously intercept or expropriate any system,
data or personal information;
threatens the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to
trade in any item, dealing of which is prohibited or restricted in any manner
under the provisions of any applicable law, rule, regulation or guideline for
the time being in force. Without prejudice to the generality of the above, OdishaEStore.com
does not permit transactions in the following items including but not limited
to categories as stated in the Prohibited and Restricted Items under General Policies
and Rules which can be accessed at //www.OdishaEStore.com/policies-and-rules.htmlshall
not create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and
shall not link directly or indirectly to or include descriptions of items,
goods or services that are prohibited under the User Agreement or any other
applicable law for the time being in force including but not limited to the
Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable
Advertisements) Act, 1954, the Indian Penal Code, 1860, The Indecent
Representation of Women (Prohibition) Act, 1986, Information Technology Act
2000 as amended from time to time and rules there under;
are identical to other items You have up for auction but are priced lower than
Your item's price, the reserve price of the item or minimum bid amount; are
concurrently listed for sale on a Website other than the Website;
5.2.4. OdishaEStore.com shall have the right to use Your Information as provided
by You and such usage of Your information by us will not amount to violation of
any rights You might have in Your Information. You agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) You have in Your Information, in any
media now known or not currently known, with respect to Your Information. OdishaEStore.com
will only use Your Information in accordance with the User Agreement and OdishaEStore.com's
Privacy Policy.
5.2.5. You represent and
confirm that You shall be the sole and exclusive legal owner of all items,
goods or products of any description that You wish to offer for sale on the
Website. You shall have absolute right, title and authority to deal in and
offer for sale such items, goods or products.
5.2.6. In the event that any
transaction or attempted transaction relating to any item, good or service
which is in violation of this User Agreement or applicable law comes to Your
knowledge, You shall take all steps to inform OdishaEStore.com of the same at
info@OdishaEStore.com.
5.2.7. You shall at all times
ensure full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules made there under as applicable and as amended
from time to time and also all applicable Domestic Laws, Rules and Regulations
(including the provisions of any applicable Exchange Control Laws or
Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/ VAT,
Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies)
regarding Your use of our service and Your bidding on, listing, purchase,
solicitation of offers to purchase, and sale of items or services. You shall
not engage in any transaction in an item or service, which is prohibited by the
provisions of any applicable law including Exchange Control Laws or Regulations
for the time being in force. In particular You shall ensure that if any of Your
items listed on the Website qualifies as an "Antiquity" or "Art
treasure" as defined in the Antiquities and Art Treasures Act, 1972
("Artwork"), You shall indicate that such Artwork is
"non-exportable" and sold subject to the provisions of said Act, and
shall ensure that it is not delivered to the Buyer (as defined under the Buying
section) at any place outside India.
5.2.8. You shall not, either
alone or in conjunction with other Users, manipulate or attempt to manipulate
the prices of any item or services being sold or purchased on the Website.
5.2.9. 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 correct and accurate in all respects. You shall not
exaggerate or over emphasize the attributes of such items or services so as to
mislead other Users in any manner. It may be is possible that other users
(including unauthorized users or "hackers") may post or transmit
offensive or obscene materials on the Website and that You may be involuntarily
exposed to such offensive and obscene materials. It may also possible for others
to obtain personal information about You due to Your use of the Website, and
that the recipient may use such information to harass or injure You. We do not
approve such unauthorized use, but by using the Website, You acknowledge and
agree that we are not responsible for the use of any personal information that
You publicly disclose or share with others on the Website. Please carefully
select the type of information that You publicly disclose or share with others
on the Website.
5.2.10. You shall not attempt
to or circumvent or manipulate our Fee structure, the billing process or Fees
owed to OdishaEStore.com as detailed and agreed in MOU signed by
Merchants/Sellers.
5.2.11 You agree that You or any of your affiliates, Subsidiaries, associate
partners to your knowledge, any of your officers , directors or employees or
vendors have not (i) made or offered to make or receive any direct or indirect
payments in violation of any applicable Indian law including anti- bribery and
anti- corruption laws and other laws (for eg. U.S Foreign Corrupt Practices Act
and the U.K Bribery Act 2010), including any contribution, payment, commission,
rebate, promotional allowance or gift of funds, property or any other economic
benefit in cash or kind or thing of value to or from any employee, official or
agent of any employee, official or agent of any Governmental Authority where
such an activity amounts to be illegal and in violation of applicable laws. If
You have reasonable suspicion of the existence of such conduct, You shall
immediately inform OdishaEStore of such knowledge and if requested by OdishaEStore,
provide to OdishaEStore such information it may reasonably require regarding such
conduct. OdishaEStore shall also have the right to audit periodically
merchant/sellers, if need be in compliance of the above. OdishaEStore shall upon
knowledge of such activities have the right to suspend or terminate the
services without prior written notice should it become aware of a breach by the
User of the representation and warranty given hereinabove.
6. Platform for Communication
OdishaEStore.COM's ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE
MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT,
ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE
BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO
FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE
CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN
SELLER AND THE BUYER. AT NO TIME SHALL OdishaEStore' HAVE ANY OBLIGATIONS OR
LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL OdishaEStore.COM HOLD ANY TITLE
IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTERESTs IN
THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
6.1. OdishaEStore.com does not
control, endorse or accept responsibility for any product (including but not
limited to product catalogues) proposed to be sold or offered to be sold or
purchased on the website or any linked sites. OdishaEStore.com makes no representations
or warranties whatsoever about, and shall not be liable for the Seller or any
such third parties, their products including representations relating to
merchantability, fitness of a product or service for a particular purpose,
warranty as to specific products and non-infringement of third party
intellectual property rights. Any transactions that the Buyer may have with
such third parties are at Buyer's own risk. The products shall be subject to
Seller's terms and conditions for warranty, service and maintenance, and OdishaEStore.com
does not accept any responsibility for the same. OdishaEStore.com also does not
accept any responsibility for the usage of the products by the Buyer.
6.2 OdishaEStore.com specifically
disclaims any liability with regard to any illegal, infringing, fake,
duplicate, spurious, defective or counterfeit, refurbished, expired products
purchased by the Buyer from the Seller and OdishaEStore.com shall not assume any
liability if the product purchased or availed by the Buyer from the Seller is
not exactly as per specifications detailed in the purchase confirmation of the
order.
6.3 All commercial / contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services.