This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.
Your use of a Kharedi.in website and its related sub-sites are governed by the following terms and conditions as applicable to the Website. If you transact on kharedi.in website other than the Website, you shall be subject to the policies that are applicable to the kharedi.in sites for such transaction. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 21st April, 2013 ("User Agreement"). If you reside in India, you are contracting with “M/S Samarth Softwares” a firm registered under shop’s and Establishment, Government of Maharashtra” with registered office at Kolhapur, Maharashtra (India).
For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id..
As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance.. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Kharedi.in Rules and Policies , please do not click on the "check box " and on the ”continue” button or “Checkout” button and do not seek to obtain access to or otherwise use the Website.
Amendments: M/s Samarth Softwares may amend Kharedi.in Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via Kharedi.in Website’s Announcement Board. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in Kharedi.in Rules and Policies. By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Kharedi.in Rules and Policies as provided from time to time in the following hyperlinks:
1. Kharedi.in Rules and Policies.
1. Membership Eligibility
Use of the Website is available only to persons who can form 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 any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. Kharedi.in reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to 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 by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
· Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product 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.
2. Your Account and Registration Obligations
If you use the Website as 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 cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to:
1. Provide true, accurate, current and complete information about yourself as prompted by kharedi.in registration form or provided by You as Guest User.
2. You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and
3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or kharedi.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Kharedi.in 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.
3. Electronic Communications
When You use the Website or send emails or other data, information or communication to kharedi.in, You agree and understand that You are communicating with kharedi.in through electronic records and You consent to receive communications via electronic records from kharedi.in periodically and as and when required. kharedi.in will communicate with You by email.
4.1 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
4.2 Non payment: kharedi.in 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 non-payment of fees by you to kharedi.in. kharedi.in also reserves the right to take legal action in case of non-payment of fees by you to kharedi.in.
5. Use of the Website
5.1. You understand and agree that kharedi.in 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. kharedi.in neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. kharedi.in has no control over the third party user generated contents.
5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
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.
2. Your Information (or any items listed):
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rightsor third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) 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, cancelbots, 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;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(j). shall not be false, inaccurate or misleading;
(j) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the 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, kharedi.in does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at http://pages.kharedi.in/help/policies/index.html
(k) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(l) 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, Information Technology Act 2000 as amended time to time and rules there under;
· are concurrently listed for sale on a web site other than the Website;
4. 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. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform kharedi.in of the same. If you are a Registered User, you may contact kharedi.in athttp://pages.kharedi.in /help/contact_inline/index.html
6. 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 as per the applicable Shill Bidding Policy enclosed and detailed in the following link which is incorporated by way of reference in this Agreement.
7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder 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, 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 Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside India.
8. 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 item-specifics of such items or services so as to mislead other Users in any manner.
9. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to kharedi.in as detailed in following link, and incorporated by way of reference in this Agreement.
6. Platform for Communication The Website is only a venue where Users may meet and interact with one another for their transactions. kharedi.in is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
1. 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 related to goods and services and after sales services related to goods and services. kharedi.in does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
2. kharedi.in is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). kharedi.in cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. kharedi.in shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. kharedi.in does not make any representation or Warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, kharedi.in does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. kharedi.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. kharedi.in does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
5. kharedi.in does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.
6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. kharedi.in is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with kharedi.in nor shall kharedi.in have any obligations or liabilities in respect of such contract. kharedi.in is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
7. At no time shall any right, title or interest over the items vest with kharedi.in nor shall kharedi.in have any obligations or liabilities in respect of such contract. kharedi.in is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
9. You release and indemnify kharedi.in and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, kharedi.in cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
8. Payment Facility
With Payment Facility, Payments for items on the Website can be made through the electronic or through Cash on delivery transactions, as may be permitted by kharedi.in to the website seller(s) in its sole discretion.
12. kharedi.in Guarantee*
The kharedi.in Guarantee* seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the kharedi.in Guarantee*. The coverage under this program is restricted to such amount as may be provided in the kharedi.in Guarantee*.
For this purpose the buyer needs to follow certain steps set out in the Program fully detailed at http://pages.kharedi.in/help/guarantee.html
• If kharedi.in has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then kharedi.in may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
• kharedi.in reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, kharedi.in may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
12.A Buyer Protection for transactions on other kharedi.in sites:
If you list your items for sale internationally and/or otherwise offer to make your products available to buyers in other countries, you may be subject to the policies that are applicable to the kharedi.in sites on which you list or where your items appear. Specifically, the kharedi.in Buyer Protection Policy of the site where the buyer buys the product may apply to your transaction.
We may require sellers to comply with resolution process under the applicable kharedi.in Buyer Protection Policy of other kharedi.in sites. Sellers hereby permit kharedi.in to make a final decision, at its sole discretion, on any claim that a buyer files with kharedi.in under the applicable kharedi.in Buyer Protection Policy of the kharedi.in site if the buyer and seller do not reach resolution, and the seller does not provide information requested by kharedi.in. If a dispute is resolved in the buyer's favor, the buyer will be granted a refund for the cost of the item and the original shipping as described in the applicable kharedi.in Buyer Protection Policy of other kharedi.in sites, kharedi.in reserves the right to require a seller to reimburse kharedi.in for such refund. Sellers must have a reimbursement method on file with kharedi.in. kharedi.in reserves the rights to at its sole discretion to recover the refund from the seller and/or apply certain restrictions or suspension of seller privileges for the seller’s transactions on the Website or other kharedi.in sites.
As a registered member, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed at kharedi.in Rules and Policies http://pages.kharedi.in/help/policies/index.html which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. All listings must comply with kharedi.in Rules and Policy (http://pages.kharedi.in/help/policies/index.html )which Policy is incorporated by way of reference in this Agreement.
The listing description of the item must not be misleading and must describe actual condition of the product. 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 list a single product in multiple quantities across various categories on the site. kharedi.in reserves the right to delete such multiple listings of the same product listed by you in various categories.
16. No Warranty
kharedi.in and its suppliers, affiliates and service provider provide the Website and services as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
17. Limitation of Liability
In no event shall kharedi.in or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and Payment Facility, its services or this agreement (however arising, including negligence).
kharedi.in's liability in any circumstance is limited to the amount of fees, if any, paid by you to kharedi.in. kharedi.in, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Payment Facility will be error free and/or uninterrupted. Consequently, kharedi.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Payment Facility; and/or http://pages.kharedi.in/help/policies/everyone-outage.html, and Payment Rules and Polices which are incorporated by way of reference in this Agreement.
2. Any interruption or errors in the operation of the Website or Payment Facility. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if kharedi.in has been advised of the possibility of such damages).
You shall indemnify and hold harmless kharedi.in and (as applicable) kharedi.in’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, kharedi.in Rules and Policies, Payment User Agreement, Payment Seller Terms and Conditions and Payment Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and kharedi.in and you shall have no authority to bind kharedi.in in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of kharedi.in to kharedi.in India Private Limited Attn: Legal Department, at 14th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai 400063, Maharashtra (India) (in the case of kharedi.in) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and kharedi.in with respect to the subject matter hereof.
In kharedi.in’s sole discretion, kharedi.in may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that kharedi.in assigns the Agreement on the same terms or terms that are no less advantageous to You.
19A. Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.
21. Governing Law
The User Agreement and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 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.
Kharedi.in is an online shopping portal with its unique concept that is going to change the way online shopping and selling.
If you’re a Product Manufacturer or Seller, then get your Business/shop/Showroom online with us at free of cost. Manage, Showcase and sell your product directly. Contact us for any query.