This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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 to make the terms of this policy binding.
PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
A. Acceptance of Terms
The Website is currently owned and operated by Handbuys Online Shopping OPC Private Limited, having its registered address at D41, Arihant Heirloom Flats, Thazhambur Main Road, Thazhambur, Chennai-603013.
You acknowledge that the Website serves as a platform for agreeing upon Services between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the Agreement,” you hereby certify that: (1) you are a Service Professional or a seller or authorised by the organisation you represent to be a seller for the purpose of this agreement, (2) you have the authority to enter into these Agreements, (3) you authorise the transfer of payment for Services requested through the use of the Website, and (4) you/in case you represent an organisation, the organisation you represent hereby agree to be bound by all terms and conditions of these Agreements and any other document incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Agreement, kindly discontinue viewing or participating in this Website immediately.
Once you accept these Agreements, we will email you with a copy of these Agreements for your reference, with a copy to us. In case of any future change in the Agreement, we will keep you informed by sending you emails and requiring you to read and accept the amended terms. You are also advised to follow our Agreement modification policy, as stated below in sub-clause 1.
All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner either as a seller or any person authorised by a seller. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Agreement will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.
Handbuys reserves the right, in its sole discretion, to change, modify, or otherwise amend the Agreement, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Handbuys will post notice of the changes and the amended Agreement at the domain of www.handbuys.com/sellers-terms. It is your responsibility to review the Agreement for any changes and you are encouraged to check the Agreement frequently. Your use of the Website following any amendment of the Agreement will signify your assent to and acceptance of any revised Agreement. If you do not agree to abide by these or any future Agreement, please do not use or access the Website.
B. Membership and Accessibility
1. LICENSE TO ACCESS
Handbuys hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Agreement; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without Handbuys’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be permitted by Handbuys under the terms of this Agreement and are reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable laws.
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law, or to a registered firm or company which is legally allowed to enter into a contract. You represent, acknowledge and agree that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are incompetent to enter into this Agreement or that you are not complying with any applicable laws, rules or regulations.
You need not register with Handbuys to simply visit and view the Website and service catalogue available there, but to access and participate as a ‘Seller’ on the Website, you will need to register and come on-board as a ‘Seller’. The detailed registration and on-boarding process has been stated in Schedule I of this Agreement.
You are solely responsible for safeguarding your Handbuys password and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Handbuys immediately of any breach of security or any unauthorised use of your Account. Under the terms of this Agreement you agree that you shall never use another seller’s Account for any purpose. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not Handbuys will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Handbuys or others due to such unauthorised use.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
You will not copy or distribute any part of the Website in any medium without Handbuys’s prior written authorisation.
You will not alter or modify any part of the Website other than as may be permitted by Handbuys under the terms of this Agreement and are reasonably necessary to use the Website for its intended purposes
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You shall not in any manual or automated manner collect other Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
C. Seller’s Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), or the posting of your Service (“Offer”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or creates links to external sites that violate this Agreement; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage Handbuys or any third party;
is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Handbuys all of the license rights granted herein;
contains or promotes an illegal or unauthorised copy of another person's copyrighted work, such as questions, links to copyrighted books/materials, notes, pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Handbuys employee, agent, manager, host, another user, or any other person though any means;
advertises or solicits a business not related to or appropriate for the Website (as determined by Handbuys in its sole discretion);
contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
contains advertising for ponzi schemes, discount cards, credit counselings, online surveys or online contests;
contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Handbuys.
2. NO DISCRIMINATION
(i). Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, colour, religion, sex, national origin, age, handicap or other protected class. Handbuys will not knowingly accept any Posting which is in violation of the law. Handbuys has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
(ii). Prohibitions with respect to services
While providing the Service using the Website, you shall not:
post content or items in any inappropriate category or areas on the Website;
violate any laws, third-party rights, Account Policies, or any provision of the Agreement, such as the prohibitions described above;
fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Handbuys; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Website user);
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
The foregoing lists of prohibitions are only indicative and are not exhaustive. Handbuys reserves the right to (a) terminate your access to your Account, withhold you to post to this Website and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Handbuys determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Handbuys reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Handbuys deems appropriate in Handbuys’ sole discretion. Handbuys may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Handbuys’ discretion, Handbuys will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Handbuys does not and cannot review every Posting posted to the Website. These prohibitions do not require Handbuys to monitor, police or remove any Postings or other information submitted by you or any other user.
D. Rules for Sellers
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
Subject to any exceptions set forth in these Agreement or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
In case the Seller is an institute, then after successful registration of the institute with Handbuys, you may request Handbuys to register more employees of the institute to assign different roles (such as, to upload, review content, create and modify posted Services etc.) as required. You may delegate work to any of such registered employees. You shall be responsible for the proper use of the role assigned to them and proper conduct. Handbuys will not be liable for any improper use in any case by any of your employees so assigned with the roles.
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT HANDBUYS FEES
Subject to any exceptions set forth in these Agreement or Additional Policies, if any, Service Professionals/Seller shall not: (a) offer a catalogue or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through Handbuys to purchase the Service or any other service outside of Handbuys; (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.
In case we realize that any professional is involved in any of the above activities, Handbuys holds the sole discretion to blacklist the Service professional/Seller and withhold any outstanding credits or payments due to the Service professional/Seller.
3. PROMOTIONAL CAMPAIGNS AND FREE OFFERS
Promotions campaigns and free offers maybe conducted by Handbuys periodically as may be required by the circumstances. The Seller is allowed to run promotional campaigns and free offers in accordance with their seller’s status which is based on the conditions such as Seller’s performance, review, etc., and other conditions defined by Handbuys. The detailed promotions campaigns and free offers terms have been stated in Schedule III of this Agreement.
4. ADDITIONAL RULES
Invoicing, Shipping & Product Liabilities:Please note that we are a marketplace platform and provide marketplace services to you. We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform and we are charging commission for services associated with it. Therefore invoicing and shipping to customer is your responsibility. Also any taxation related to sale of your products like VAT, CST etc is your responsibility. Also liabilities arising from the use, consumption and/or interaction with your products is solely yours and we will not be responsible for any loss or damage due to your products.
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 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.
With respect to shipping, the seller will be responsible for shipping and bears the cost of shipping and not included in the handbuys commission. Handbuys may provide option to choose shipping career and shipping methods to seller / buyer to choose. If buyer chooses any special/priority shipping if any additional cost to buyer. If the seller choose the shipping career provided by handbuys the cost of shipping will be deducted at the time of payment settlement as per the logistic cost refer Annexture & Schedule given at the end of the document.
The Company reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.
Single Listing: You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one identical item you will make a separate listing for each of them and if all listings result in successful sale you must be in a position to fulfil all such orders. All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale and The seller can choose different colour, size and fit during ordering and check out. But different product in terms of design or make need to be listed as different product.
Only new products shall be listed on the Website. No old product, until permitted otherwise, shall be listed on Website. All the listings shall be in compliance with the applicable laws.
The product photographs must be in white back ground in specified resolution and dimension professionally taken.
All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.
You shall not make any listing in the nature of ‘wanted advertisements’ that do not offer to sell an item but invites Users to make an offer to you for sale of any item.
You will also not make any offer, either online or offline, or by making another listing on a different website, to sell an item once you have made a listing with respect to such an item on the Website. You will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted or violation of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violation 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.
Appropriate Description in Listing:You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be 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 emphasise the attributes of any items you propose to sell on the Website 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.
You shall not provide any information such as a catalogue of your items in your listing or on the items or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Company.
Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchant ability of items that you offer to sell on the Website.
You shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.
Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made there under that apply to the main item will apply also to the free or bonus item as well to the extent it may be applicable.
Categories:If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.
Method of Payment: At the time of listing, of the various modes of payment provided by the Company's payment gateway service provider on the Website, the Buyer will have the option to pay the Transaction Price by any mode of payment provided on the Website. Handbuys will settle the payment to seller every 15, 16th and 28,29, 30, 31 (which ever the last 2 days of the month) by bank transfer to the bank account details provided by the seller.
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 Website. 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 Website.
If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violation of this clause or this User 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 Website are entitled to write reviews and rate the items as well as the seller on the Website. 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 Website 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 website for the purpose of selling your items.
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. The Company 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 the Website in case of refusal to sell.
Pricing: The price of the item proposed to be purchased shall include, if applicable, the market place commission, shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which maybe charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.
Buyer satisfaction: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.
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.
Payment Confirmation: Subject to the modes of payment chosen by the Seller, in case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within 3 days of booking the Transaction and completion of verification of payment, the Company shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, the Company shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.
Rules for Dispatch: The seller 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 Website to ensure that the items are Delivered within timely manner. You should Dispatch the item only after receiving the Payment Confirmation from the Company and COD confirmation.
Dispatch Details:The Seller shall provide the Dispatch Details on the Website within 4 days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details in the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer.
Delivery:The time within which the seller or the Company is required to ensure Delivery of the items to the Buyer shall be calculated from the time the Seller enters the Dispatch Details on the Website i.e. within 10 days from entering the Dispatch Details for delivery within India and within 30 days from entering the Dispatch Details for delivery outside India or such other timeline as may have been agreed upon between the Buyer and Seller on the Website.
E. Performance of Services
In case, the Service User is unsatisfied with the Services provided by you for which the Service User has paid for, our personnel will do the necessary inspection. In furtherance to the inspection, if it is found that the Services delivered by the provider is not up to the standard, you will have to perform those Services to Service User once again or refund the amount as to them as decided by us. We shall have all rights to take the decisions regarding the quality of Service and amount to be refunded to Service User, and you shall not dispute or argue in any case. 100% amount shall be refunded in such cases.
You shall solely be responsible for any losses/damages claimed by the Service User, in furtherance to the Service provided to the Service User.
You shall represent our brand while attending the Buyer assigned by us. You shall by no means poach Buyer provided to you by us.
We are just a technology enabler and provide the necessary platform provide Services to you. We shall provide a platform on the Website where you can post the content, view online any time on Services sold, payment due or all other reports relating to the Services.
Services and deliverables to be provided hereunder shall be provided within the time schedule as agreed by us and you with the Buyer under the terms and conditions of this Agreement.
Handbuys shall in no way be responsible for the quality of content posted on the Website. Handbuys does not take the responsibility of assuring quality products to the Service Users. Handbuys provides the Sellers certain features to ensure consistent categorisation of content which enables better packaging and presentation.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
You understand that whether or not such Submitted Content is published, Handbuys shall take all possible measures to maintain the confidentiality of your submitted content to the best of its ability using the technology tools and processes available, but as it is known that no technology is fool-proof, Handbuys does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorise to be searchable by non-registered users and Registered Sellers who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Handbuys shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
Handbuys may also disclose your information including personal information if Handbuys reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Handbuys’ liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement, or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorise Handbuys to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Agreement; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Agreement. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.
Handbuys shall not be responsible for or liable to pay any royalty or any money to any person in this respect. You understand and undertake to handle/resolve/conduct any issue arising in this respect for which Handbuys does not mediate/be part any arbitration process with respect to the above mentioned issue of this clause.
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO HANDBUYS
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Handbuys for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to Handbuys a perpetual, worldwide, non-exclusive, royalty-free, sub license able and transferable license to link to, use, display, and perform the Submitted Content in connection with the Website and Handbuys’ (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under this Agreement. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. HANDBUYS’S DISCLAIMERS AND RIGHT TO REMOVE
Handbuys does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Handbuys expressly disclaims any and all liability in connection with all Submitted Content. Handbuys does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Handbuys will remove any Data or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section J below, that such Posting or Submitted Content infringes on another’s intellectual property rights. Handbuys reserves the right to remove any Data or Submitted Content without prior notice. Handbuys will also terminate your access to the Website, if you are determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. Handbuys also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with this Agreement for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Handbuys may remove such Submitted Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and in its sole discretion.
G. Pricing Terms
The price of each product listed on the website shall be decided by the Seller. The Seller shall be on-board after due diligence of the Seller is complete, pursuant to registration and on-board process as stated in Schedule I of this Agreement. Unless agreed otherwise between the parties, the percent of marketplace commission shall be 18% including service charge, service tax and payment gateway charges of the listed selling price of the product. This marketplace commission does not include Sales and other taxes payable by seller, packing, shipping and any other cost associated with sales, shipment and return process.
H. Payment Terms
Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller’s Bank Account contingent upon the following events:
Buyer confirming the Delivery of items in the Transaction, or
Buyer not taking any action on the Website to confirm Delivery or non- receipt of item within 5 days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by Seller to the Buyer, 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 there under and/or applicable law.
All remittances to Sellers in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Seller’s Bank Account. The remittance of the Transaction Price paid by the Buyer will be made after all reconciliation with the Website/ Company. The payment will be processed on every 15th , 16th and 30th day of the month. If any payment delay due to operational difficulties, holidays or act of God the same will be included and processed in next payment cycle.
The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data and documents. The Company reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.
The payment, return and cancellation terms have been detailed in Schedule II of the Agreement.
I. Force Majeure
We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, acts of terror or natural/man made disaster.
J. Copyright Infringement Take Down Procedure
Handbuys has high regard for intellectual property and expects the same level of standard to be employed by its users. Handbuys may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected]
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Handbuys to locate the material;
(iii) a written statement that you have a good faith belief that the disputed use is not authorised by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit Handbuys to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorised to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.
Only the intellectual property rights owner is permitted to report potentially infringing items through Handbuys’ reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Agreement.
K. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
Handbuys reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Handbuys shall not be liable to you or to any third party for any modification, suspension or discontinuance of Handbuys services.
2. TERMINATION BY HANDBUYS
You hereby acknowledge and agree that Handbuys, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if Handbuys believes or has reason to believe that you have violated any provision of the Agreement.
3. TERMINATION BY YOU
You may cancel your use of the Website and/or terminate the Agreement with or without cause at any time by following the link in your Account to Deactivate Account. In such case, you need to give at least 30 day notice. In case no notice is served and you leave without giving 30 day notice, all your payments due to you by us shall be cancelled and you shall not be entitled to get any money from us. All your outstanding orders shall get cancelled in case of termination without notice. In the event of any of the terminations, you shall not be able to sell your products to the Service Users. All your unsold Services shall be removed from our catalogue.
L. Intellectual Property Rights
The content on the Website (exclusive of all Submitted Content by Service Professionals/Seller), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are EXCLUSIVELY owned by Handbuys.
All Intellectual Property rights over the Submitted Content shall vest in the Service Professional/Seller. The Service Professional/Seller grants us the right to post the Submitted Content and Related Services on the Website. We shall have a non-exclusive and non-transferable right to use the Service Professional’s Intellectual Property for the purpose of achieving the objectives of this Agreement.
After the termination of this Agreement, we shall not be allowed to use any Intellectual Property rights belonging to the Service Professional/Seller and the Service Professional/Seller shall be free to take-down all the contents belonging him, posted on the Website. Our trademarks and trade-names, and other intellectual property rights belonging to us shall lie with us and Service Professional/Seller shall not use our trademarks and trade-names, and other intellectual property rights for its own use, without our permission.
You agree that Handbuys may provide you with notices, including those regarding changes to the Agreement, by email or regular mail, or postings on the Website.
N. Governing Law
All matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in Chennai and the Parties hereby irrevocably submit to the jurisdiction of these courts.
Each Party undertakes to defend, indemnify and hold harmless the other Party, its subsidiaries, affiliates, agents, officers, employees and assignee on a full indemnity basis, from and against all actions, proceedings claims, demands, costs (including the legal expenses) damages, judgements, decrees, expenses, penalties and liabilities of any kind or nature whatsoever arising directly or indirectly as a result of any breach or non-performance by such Party of any of its undertakings, warranties, representations or obligations under this Agreement.
You shall indemnify for all the litigation or law suits arising as a result of failure of you to comply with the obligations of the Service Professional as par the terms of this Agreement. You shall indemnify us for the delay or inability in performing Services, due to which we had to indemnify the Service user for the loss suffered. You shall indemnify us in an event where we violates any applicable, state and local law or regulation due to fault on the part of you or your Services.
This Clause O shall survive any termination or repudiation of this Agreement.
P. Authorisation to Use Seller’s Portal
The Seller hereby authorises Handbuys to handle Seller’s portal on the Website for posing content on the Website. Such content include listing of products, images, payment management, order management and delivery tracking. The contents posted herein shall be posted by Handbuys as per instructions of the Seller. Handbuys shall not be liable for the content posted herein. Handbuys shall act as the agent of the Seller. The Seller is authorising Handbuys for handling Seller’s portal as the Seller itself is not so much capable of handling the portal. This authority of Handbuys shall be limited to posting contents on the Seller’s portal and nothing else.
Q. General Information
1. ENTIRE AGREEMENT
No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Handbuys’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
2. STATUTE OF LIMITATIONS You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS
The section headings in the Agreement are for convenience only and have no legal or contractual effect.
Seller Registration and On-boarding process
1. Seller on-boarding Process
Sellers, intending to register on the Handbuys are required to complete a two-step process viz. Expression of interest and On-boarding.
Expression of interest:
Any Seller who expresses their intention of selling on Handbuys and of consuming the services is required register in website as seller by providing basic information such as Name, Email, Phone number, City, State, and product category(s) he intends to sell. On the registration an email confirming the registration along with the draft “Terms and Conditions Document” will be sent to the seller on the email id he has given at the time of registration.
After due-diligence, Handbuys will initiate the on-boarding process. As part of on-boarding process, sellers are required to provide next level of information as detailed in KYC process.
(a) Name of the ‘Seller’ – This will be the name displayed in Seller’s invoice
(b) Logo of the brand (Specify Resolution, and that it will be used on the website and on all documents relating to the transactions involving the seller)
(c) Email id
(d) Full Communication Address of the Seller
(e) Full Registered Address of the Seller
(f) Phone numbers – Mobile and Landline
(g) Authorised Contact Person and his/her mobile and landline number
(h) Company Registration Certificate/PAN Number/TAN Number/Sales Tax Number/ IE code
(i) Bank Account Details (Name, Account #, Bank Name, Branch, IFSC and Copy of a cancelled Cheque)
Sellers are required to read and accept the terms and conditions stated in this Agreement, along with payment structure in the website as part of the on-boarding process. After accepting the contents hereof, Seller will receive a final copy of the accepted Agreement and Payment structure for their records.
2. KYC Process
This KYC verification procedure is aimed to further help Handbuys become a safer and secure e-commerce platform.
As part of the KYC process, Seller is required to provide one valid document for proof of identity and one valid document for proof of address of the bank account holder/beneficiary.
(a) Legal Entity (b) Proof of Identity (c) Proof of Address
For a list of acceptable document proofs for each item above, as acceptable by Govt. Of India.
NOTE: If a seller intends to update/change his/her bank account details, he/she should intimate Handbuys of such a change at least five business days before the effective date after change in bank account. For processing payments after duly completing the KYC process, Seller may be required to provide verification documents again for the new bank account to avoid payment rejections and delays in reprocessing of payments.
Market place fee/commission: Seller shall pay marketing fees to Handbuys as per below mention table:
1. Market Place (Handbuys) commission/ charges 22% on the listed selling price of the product which includes online market place commission (fee), maintenance, Service Tax and Payment gateway charges and excluding shipping, handling, COD, Sales Tax and any other tax to be paid by seller to Govt. of India.
2. Shipping: Buyers are offered with Free Shipping Method in handbuys website only in India. Outside India shipping will be charged actual as per the shipping company. Seller should include the shipping cost in the list price. Seller is responsible for shipping the product using his own selected shipping service and provide the tracking details in handbuys website and also to buyer.
If the buyer chooses any priority/special shipping method offered by handbuys shipping service provider the additional shipping and handling cost will be added in the invoice separately. And the seller needs to coordinate with the shipping company in shipping. In this case cost of shipping will be actual charged by shipping company and handling cost by handbuys will be deducted by handbuys at the time of payment settlement.
All the shipping documents and tax related documents need to be provided by the seller while shipping the goods in India and abrod.
3. COD Charges are borne by the seller and the same will be deducted at the time of payment settlement. .
Note:- Service Tax will be charged extra for the market place fee, payment collection and shipping.
4. Sales Return: Further, in case of return or replacement of product due to any reason as mentioned in agreement or below mention , Seller shall be liable to pay charges as per the below mention.
4.1. Direct Shipment Returns- Damaged/defective/wrong
Shipping Charges: Borne by Seller
Reverse pick up charges: Borne by Seller
Payment collection charges: Borne by Seller
Handbuys Marketing Fees/Commission: Borne by Seller
4.2. Vendor related cancellations- Out of Stock / Cancellation due to delay in shipment beyond 3 days from published dispatch date , etc;
Shipping Charges: NA
Reverse pick up charges: NA
Payment collection charges: Borne by Handbuys
Handbuys Marketing Fees/Commission: Borne by Seller
4.3. Replacement in case of point 1
Shipping Charges: Borne by Seller
Reverse pick up charges: NA
Payment collection charges: NA
Handbuys Marketing Fees/Commission: NA
4.4. Replacement in case of correct product delivery coz of size, colour related issues
Shipping Charges: Borne by Seller
Reverse pick up charges: NA
Payment collection charges: NA
Handbuys Marketing Fees/Commission: NA
4.5. Post-shipment return/ Customer Non-acceptance (exclusive of point 1)
Shipping Charges: Borne by Seller
Reverse pick up charges: Borne by Seller
Payment collection charges: Borne by Handbuys
Handbuys Marketing Fees/Commission: NA
5. In case the order is shipped but it remains undelivered, Seller can claim payment of the money in the event of product is not returned to the Seller within 20 days of shipment.
Handbuys is entitled to collect the amount of invoice paid by a Buyer for any transaction made. Handbuys will deduct as commission, a percentage of the product selling price (Selling Price of the product is to be specified by the Seller at the time of publishing the Service).
Handbuys reserves the right to issue a warning to you or temporarily/indefinitely suspend/ terminate your account on the Website and/or refuse to provide you with access to the Website in case of non-payment of fees/processing of refunds by you to Handbuys. Handbuys also reserves the right to take legal action in case of non-payment of fees/dues by you to Handbuys.
Sellers may not charge buyers an additional fee for their use of ordinary forms of payment, including electronic transfers or credit cards. Such costs should be built into the price of the product.
Further, some forms of payment surcharges, such as credit card surcharges, are prohibited by law or under the issuing institution's rules and regulations for merchants.
For all sales concluded by seller on the Website in a calendar month, invoice will be raised by Handbuys on the 15th of the following month. Handbuys will invoice the seller once in a month.
Handbuys shall not pay any interest, for whatever reasons, for your money withheld with it until the accounts are reconciled and settled.
Parties expressly agree that any/all remittance/settlement related pay-outs shall be deemed to have been accepted by seller if seller does not furnish a written objection specifying the nature of the dispute within ninety (90) days from the date of transaction.
1. The Seller agrees and acknowledges that it will pay the marketing fees, courier fees and payment collection fees as mentioned in standard format attached herewith in Annexure-1 for all the orders received through Handbuys.
2. Seller shall quote best, lowest and competitive prices (inclusive of all applicable taxes) of the products to be displayed on the Website, Seller will be responsible for payment of all applicable sales tax/VAT. Seller authorises Handbuys in the capacity of marketing agent to discover and display the market price payable by the Buyer, basis the competitive pricing prevalent in the market Seller shall be communicated of the market price and shall abide by that price as may be discovered or displayed by the Handbuys from time to time. However, Seller will have full right to withdraw the products from Website, if it dissents with price discovered by Handbuys and has notified the same to Handbuys. All such withdrawals will take effect within 12- 24 hours from notification to the Handbuys. Handbuys further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Website.
3. Handbuys shall release the payment on the following basis, i.e., the products delivered and payment received during the period from 1st to 14th and 15th to 31st. Handbuys shall release payment to the seller every 17th and 3rd of next month respectively (last day of the month, as appropriate) and adjust towards any Fee due and payable by the seller to Handbuys.
4. Handbuys shall make the payment by way of account payee Cheque /RTGS/ NEFT on 17th and 3rd of next month respectively, respectively after deducting Handbuys’s fee as per
5. Handbuys shall raise invoice to the seller on every 15th to 17th and 28th to 31st (last day of the month, as appropriate) and adjust towards any Fee due and payable by the seller to Handbuys.
6. Handbuys shall deduct payments by the seller towards such invoices from the Seller remittances or if there are no monies to the credit of seller account, in such event, seller shall be liable to pay such Fee to Handbuys within 7 days from the date of the invoice.
Cancellation & Returns Policy
The Cancellation can be done by both the Seller and the Buyer.
Cancellation by Seller:
As a policy Handbuys discourages any Seller from cancelling any Product/ Service that is already booked and confirmed. This is in order to protect your reputation and credibility as a Seller and also that of the Website.
However, in case the Seller intends to cancel any Service that is already published, the following conditions are binding on him:
(a) Seller agrees to pay the applicable commission to Handbuys for any Service cancelled by him voluntarily on any reason.
(b) In case of the cancellation of pre-ordered Service, the Seller agrees to pay to Handbuys the commission in accordance to this Agreement accepted at the time of on-boarding.
(c) In case of any pre-ordered Service bought by any buyer Handbuys shall have the right to return full price (selling price as fixed by the seller) without any deductions to the Buyer. However, Handbuys will deduct its commission and the statutory charges such as taxes etc., applicable in lieu of such Service cancelled from the Seller’s account. In case there was no credit in Seller’s account, Handbuys has the right to deduct the commission from any future transactions for which the Seller unconditionally accepts the liability and agrees to pay.
(d) In case the Seller participates in any Promotion Campaign organised by Handbuys he shall ensure that he is capable of providing that Service before he decides to participate in the campaign. If after subscribing to participate in the campaign he for any reason is opting out of the campaign or not providing the Service, then he agrees to unconditionally accept the liability and indemnifies to pay the penalty charges imposed by Handbuys.
Cancellation by Buyer:
(a) Any buyer is not allowed to cancel the Service bought, once he has consumed the same.
(b) However, if the buyer intends to cancel the product bought he shall do it before he it is delivered to him. Such cancellation may take place before anytime before delivery of the product. The Seller shall provide its cancellation timeline and refund rules along with each of the Services posted on the Website.
(c) In such cases the Handbuys reserves the right to return the money back to the Buyer with/without any deductions.
(d) In case the charges with respect to such cancelled Service had been transferred to the Seller, the Seller hereby agrees to pay back the charges or accepts that Handbuys reserves the right to claim the amount of money returned from the Seller. However, Handbuys will not also charge any commission to the Seller. The Seller shall return the money to Handbuys within 14 working days from the date of cancellation of the Service by the Buyer.
(e) The Buyer who cancels the Service hereby agrees and accepts that the statutory charges, taxes etc., payable to the Government or any public authority along with any administrative charges will be deducted and shall not be paid back. The Buyer agrees to this condition and undertakes to abide by the same.
Promotional Campaigns and Free Offers
From time to time in accordance with the need of the season/circumstances, Handbuys will run promotional campaigns/offers. In such campaigns Handbuys proposes to sell the Services at discounted prices or free of cost or both with respect to certain Services.
Sellers are invited to participate in such campaigns in order to increase their sale and revenue. However such participation is voluntary and the Seller in his discretion may choose to opt-out.
In case any Seller did not opt-out, then it is considered that he voluntarily chooses to participate in the said campaign.
When the Seller participates in the said campaign, it is his responsibility to ensure that he is capable of providing such Service that are required to participate in the said campaign. The Seller thereby undertakes that, once he chooses to participate in the said campaign he accepts and will abide by the terms and conditions defined by Handbuys with respect to such campaigns.
A Seller participating in such campaigns are not allowed to cancel the Service. However in any circumstance a Seller had to cancel then, it shall be subject to cancellation policy.
In order to enable the Seller to increase its sale and revenue, Handbuys offers the facility of running promotional campaigns by the Seller. However it is subject to the terms and conditions defined by Handbuys for such promotional campaigns. Such terms and conditions are binding on the Seller. The Seller unconditionally accept the terms and conditions.
Note: This Agreement terms is expected to be change time to time based on various factors and request sellers and used to review time to time for the changes. Contact handbuys for any support and clarification.