Terms & Conditions
This policy shall come into force with effect from 00:00 hours of 26th July
2019
Click here to refer to our Privacy Policy
The following demonstrates User Agreement (here-in-after referred to as an
“Agreement”) between Auspicium Events Events(“Auspicium Events”,
“We”, “Our”, “Us”) a company duly registered
under the provisions of the Indian Companies Act 2013 with its registered office at
Office address and the Website www.shoption.in and the mobile application
(hereinafter referred to as “Platform”) and the users of the Platform
(“You”, “Your, “User”, “Users”,
“User(s)”, ”Seller”,”Seller(s)”,
“Buyer”,”Buyer(s)”).
This document and such other rules and policies of the Platform (including but not
limited to Return & Undelivered Shipment Policy, Privacy Policy , Product
Listing Policy , Infringement Policy , Anti-Counterfeiting Policy ) as may be
amended from time to time are collectively referred to below as the
“Terms”. We reserve the right, at our sole discretion, to change,
modify, add or remove portions of these Terms, at any time without any prior written
notice to you. By accessing, browsing, or otherwise using the Platform or using the
Services, including following the posting of changes, User agrees to accept and be
bound by the Terms (as may be amended from time to time). It is your responsibility
to review these Terms periodically for any updates and/or changes. Please do not use
the Services or access the Platform if you do not accept the Terms or are unable to
be bound by the Terms.
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.
For the ease of reference, this Agreement is
divided into following sections:
- General Terms applicable to all users on the Platform
- Terms applicable to Buyer(s) (“Buyer Terms”)
- Terms applicable to Seller(s) (“Seller Terms”)
If you (by itself or through your representatives) intend to make a purchase or have
placed an order(s) on the Platform for commercial purposes (“Buyer”,
“Buyer(s)”), Section I. and II. Shall be applicable to your use and
access of the Platform and its Service(s) thereof. If you (by itself or through your
representatives) intend to offer your products for sale or are selling your
product(s) to Buyer(s) through the Platform
(“Seller”,”Seller(s)”), Section I. and III. Shall be
applicable to your use and access of the Platform and its Services thereof.
Seller(s) may be asked to provide documentation such as invoice(s) or any other
relevant document(s) depending upon the circumstances to prove authenticity of the
product(s) in their listing(s) along with a notarized declaration affirming that the
product(s) under their listing(s) are genuine and authentic. Failure to provide the
aforesaid documentation within 72 hours may result in the suspension or termination
of the Seller(s)’s listing(s).
In the event, the listing(s) of the seller(s) are found to be of counterfeit
product(s)s, We may take all actions such as but not limited to suspending or
terminating the account of the seller(s), removing any/or all product(s) listings of
the seller(s), withholding or forfeiting payment(s) of the seller(s) or any other
action that may be deemed necessary. This shall be without any admission of any
liability and without prejudice to the Platform’s rights, remedies or defenses,
all of which are expressly reserved with Auspicium Events. The Seller(s) listing such
counterfeit product(s) may also be independently subject to civil and criminal
proceedings initiated by third party rights holders.
- General Terms
Application and Acceptance of the
Terms
Your use of the Platform and Auspicium Events’s service(s), feature(s), functionality,
software and product(s) (collectively the “Service(s)” hereinafter) is
subject to the terms and conditions contained in this document as well as the Return
& Undelivered Shipment Policy, Privacy Policy , Product Listing Policy ,
Infringement Policy , Anti-Counterfeiting Policy and any other rules and policies of
the Platform that Auspicium Events may publish from time to time. You must read
Auspicium Events’s, Privacy Policy and Credit Line Policy , which governs the
collection, use, and disclosure of personal information about User(s). You accept
the terms of the Privacy Policy and agree to the use of the personal information
about you in accordance with the Privacy Policy.
Provision of Services
- You must register on the Platform in order to access and use the Service(s).
Further, Auspicium Events reserves the right, without prior notice, to restrict access
to or use of certain Service(s) (or any features within the Service(s)) subject
to other conditions that Auspicium Events may impose in its discretion. - In case you avail service(s) while accessing the Platform, that may be supported
and/or provided by third party service provider(s), for all such services your
contracting entity will be such third party service provider(s), as the case may
be. Auspicium Events disclaims all liability for any claims that may arise pursuant to
your use of service(s) provided by such third party service provider(s). - User agrees and confirms that any Service(s) provided to you by Auspicium Events are on
best efforts basis and Auspicium Events may engage service(s) of third party service
provider(s) to facilitate such service(s) to you. We shall not in any manner be
liable to you for failure or delay in providing the Service(s) or for any
temporary disablement, permanent discontinuance of the Service(s) by us or for
any consequences resulting from such actions or reason(s) that are beyond our
reasonable control. - User acknowledges that the Service(s) are being provided to you on a ‘as
is’ and ‘as available’ basis and may be interrupted while
browsing, transacting, using or uploading information on the Platform. User
agrees that we reserve the right to suspend the Service(s), forthwith without
assigning any reason whatsoever, at our sole discretion. - Auspicium Events may at any time with or without notice, withdraw, terminate, and/or
suspend any or part of the service(s) without cause or in case of any breach of
the Terms by the User. In addition, termination of any or part of any service(s)
shall not impact provision of other service(s) or other business arrangement(s)
or agreement(s) which the user may have entered into with Auspicium Events.
User Eligibility
User(s) means any individual or business entity/organization that legally operates in
India or in other countries, uses and has the right to use the services provided by
Platform. Our services are available only to those individuals or companies who can
form legally binding contracts under the applicable law i.e. Indian Contract Act,
1872 As a minor if you wish to purchase or sell an item on the Platform such
purchase or sale may be made by Your legal guardian or parents who have registered
as users of the Platform. Auspicium Events advises its users that while accessing the
Platform, they must follow/abide by the related laws, Auspicium Events is not responsible
for the possible consequences caused by your behavior during use of Platform,
Auspicium Events may, in its sole discretion, reserve the right to terminate your membership
and refuse to provide you with access to the Platform at any time.
We record buying and browsing activities of our users including but not limited to
your contact details and profiles and uses the same to provide value-added services
to our users.
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.
Please note our Platform is also not a risks proof Platform.
User Accounts and Verification of
Account
- User must be registered on the Platform to access or avail the Services for its
commercial purposes. Except with Auspicium Events’s approval, one user may only
register one account on the Platform. Auspicium Events may cancel or terminate a
user’s account if Auspicium Events has reasons to suspect that the user has
concurrently registered or controlled two or more accounts. Further, Auspicium Events
may reject user’s application, without assigning any reasons thereof, for
registration for any other reason. - A set of user ID and OTP (One Time Password) / password is unique to a single
account. Any action triggered on your user account on the Platform or by using
the unique OTP will be deemed to have been authorized by you and with your
express consent. You shall be solely responsible for maintaining the
confidentiality and security of your user ID and password and for all activities
that occur under your account. You agree that all activities that occur under
your account (including without limitation, posting any company or product
information, clicking to accept any terms & conditions or rules, subscribing
to or making any payment for any Services, sending emails using the Platform or
other communications) will be deemed to have been authorized by you. - When you access the Platform you are electronically communicating with Auspicium Events.
Auspicium Events may communicate with you by e-mail, SMS, WhatsApp messages or messages
through other modes of communication, phone call or by posting notices on the
Platform or by sending in-app notifications or any other mode of communication.
For contractual purposes, you consent to receive communications (including
transactional, promotional and/or commercial messages) in the above manner, from
Auspicium Events with respect to your use of the Platform and it shall be deemed by your
continued use of the Platform that you agree and consent to receive any
communications from Auspicium Events. - While registering the User account on the Platform you will be required to
furnish details about you and with respect to your business including without
limitation, business name, GSTIN, PAN, TAN, cheques, Udyog Aadhar, address,
phone number and/ or any other information that may be required by Auspicium Events to
provide in relation to your business. You agree and acknowledge that we may
directly or through a third-party service provider validate the information
provided by you on the Platform. You agree to furnish additional information and
provide documentary proof as may be requested by us, from time to time, for the
purposes of verification of your user account information. - If any information provided by you is found to be incorrect or misleading,
Auspicium Events reserves its right to take appropriate steps as set forth under Clause
“Breach and Suspension” of these General Terms. For the purposes of
verification of your account information, you agree that we may share your
information with such third party service provider in accordance with the terms
of the Privacy Policy. We reserve the right to seek additional information from
you about you and your business, from time to time and you consent to provide
such additional information to continue using the Platform.
Users Generally
- You agree that (a) you will not copy, reproduce, download, re-publish, sell,
distribute or resell any Services or any information, text, images, graphics,
video clips, sound, directories, files, databases or listings, etc. available on
or through the Platform (the “Platform Content”), and (b) you will
not copy, reproduce, download, compile or otherwise use any Platform Content for
the purposes of operating a business that competes with Auspicium Events, or otherwise
commercially exploiting the Platform Content or systematic retrieval of Platform
Content from the Platform to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots, spiders,
automatic devices or manual processes). - Auspicium Events may allow Users access to content, product(s) or service(s) offered by
third parties through hyperlinks (in the form of word link, banners, channels or
otherwise), API or otherwise to such third parties’ web sites. You are
cautioned to read such third parties terms and conditions and/or privacy
policies before using the Platform with respect to such content, product(s) or
service(s) that you may avail. You acknowledge that Auspicium Events has no control over
such third parties’ web sites and shall not be responsible or liable to
anyone for such web sites, or any content, product(s) or service(s) made
available on such web sites. - You agree not to undertake any action which may undermine the integrity of
Auspicium Events’s feedback system. - You agree that the Service(s) shall be availed by you only for commercial
purposes that is for sale or purchase of product(s) for further distribution or
sale. You further agree that you will not use the Platform or any of its
Service(s) thereof for your personal use or consumption. - By posting or displaying any information, content or material (“User
Content”) on the Platform or providing any User Content to Auspicium Events or our
representative(s), you grant perpetual, worldwide, royalty-free, and
sub-licensable license to Auspicium Events to display, transmit, distribute, reproduce,
publish, translate, and otherwise use any or all of the User Content in any
form, media, or technology now known or not currently known in any manner and
for any purpose which may be beneficial to the operation of the Platform, the
provision of any Service(s) and/or the business(s) of the User. You confirm and
warrant to Auspicium Events that you have all the rights, power and authority necessary
to grant the above license. - User agrees, undertakes, and confirms that User’s use of Platform shall be
strictly governed by the following binding principles: - User shall not host, display, upload, modify, publish, transmit, update or share
any information which:- Belongs to another person and to which User does not have any right to
- Is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another’s privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any
manner whatever; or unlawfully threatening or unlawfully harassing
including but not limited to “indecent representation of
women” within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986 - Is misleading in any way
- Is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, pedophilia, racism,
bigotry, hatred or physical harm of any kind against any group or
individual - Harasses or advocates harassment of another person
- Involves the transmission of “junk mail”, “chain
letters”, or unsolicited mass mailing or “spamming” or
messages using Auspicium Events’s communication Platform - Promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous - Infringes upon or violates any third party’s rights including, but
not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person’s
name, email address, physical address or phone number) or rights of
publicity - Promotes an illegal or unauthorized copy of another person’s
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files - Contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page) - Provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone - Provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone’s privacy, or
providing or creating computer viruses - Contains video, photographs, or images of another person (with a minor
or an adult) - Tries to gain unauthorized access or exceeds the scope of authorized
access to the Platform or to profiles, blogs, communities, account
information, bulletins, friend request, or other areas of the Platform
or solicits passwords or personal identifying information for commercial
or unlawful purposes from other Users - Engages in commercial activities and/or sales without prior written
consent such as contests, sweepstakes, barter, advertising and pyramid
schemes, or the buying or selling of “virtual” products
related to the Platform. Throughout this Terms of Use, Auspicium Events’s
prior written consent means a communication coming from Auspicium Events’s
Legal Department, specifically in response to your request, and
specifically addressing the activity or conduct for which you seek
authorization - Solicits gambling or engages in any gambling activity which, in sole
discretion, believes is or could be construed as being illegal - Interferes with another user’s use and enjoyment of the Platform
or enjoyment of any similar Services - Refers to any website or URL that, in sole discretion, contains material
that is inappropriate for the Platform or any other website, contains
content that would be prohibited or violates the letter or spirit of
these Terms - Harm minors in any way
- Infringes any patent, trademark, copyright or other proprietary rights
or third party’s trade secrets or rights of publicity or privacy or
shall not be fraudulent or involve the sale of counterfeit or stolen
products - Violates any law for the time being in force
- Deceives or misleads the addressee/ users about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature - Impersonate another person
- Contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancel-bots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information - Threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation - Shall not be false, inaccurate or misleading
- Shall not, directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any item, 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 - Shall not create liability for Auspicium Events or cause Auspicium Events to lose (in
whole or in part) the Services of our internet service provider
(“ISPs”) or other suppliers. - You shall not use any “deep-link”, “page-scrape”,
“robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the Platform
or any content on the Platform, or in any way reproduce or circumvent
the navigational structure or presentation of the Platform or any
content on the Platform, to obtain or attempt to obtain any material(s),
document(s) or information through any means not purposely made
available through the Platform. Auspicium Events reserves its right to bar any
such activity. - User shall not attempt to gain unauthorized access to any portion or
feature of the Platform, or any other systems or networks connected to
the Platform or to any server, computer, network, or to any of the
Services offered on or through the Platform, by hacking, password
“mining” or any other illegitimate means. - Unless expressly permitted, User shall not probe, scan or test the
vulnerability of the Platform or any network connected to the Platform
nor breach the security or authentication measures on the Platform or
any network connected to the Platform. User shall not reverse look-up,
trace or seek to trace any information on any other User of or visitor
to Platform, or any other User, including any account on the Platform
not owned by User, to its source, or exploit the Platform or any service
or information made available or offered by or through the Platform, in
any way where the purpose is to reveal any information, including but
not limited to personal identification or information, other than
User’s own information, as provided for by the Platform. - Each User agrees to indemnify Auspicium Events, its affiliate(s), director(s),
employee(s), agent(s) and representative(s) and to hold them harmless,
from any and all damages, losses, claims and liabilities (including
legal costs on a full indemnity basis) which may arise from or in
connection with: (i) your submission, posting or display of any User
Content; (ii) from your use of the Platform or Service(s); (iii) from
your breach of the Terms or breach of any applicable laws, including tax
laws; (iv) any service availed by you from a third party service
provider using any dispute inter-se Users; and/or (vi) your negligence
or wilful misconduct.
Credit Line
By applying for Credit Line (as defined under the Credit Line Policy ), you agree to
be bound by the provisions of this policy and all other policies that are under
Terms Of Use
Breaches and Suspension
- If any user(s) breaches any Terms, or if Auspicium Events has reasonable grounds to
believe that a user is in breach of any Terms, or could subject Auspicium Events or its
affiliate(s) to liability, or is otherwise found inappropriate or unlawful in
Auspicium Events’s opinion, Auspicium Events shall have the right to take such
disciplinary actions as it deems appropriate, including without limitation:- Suspending or terminating the User’s account and any and all
accounts determined to be related to such account by Auspicium Events in its
discretion - Blocking, restricting, downgrading, suspending or terminating the
subscription of, access to, or current or future use of any service(s) - Removing any product listing(s) or other User Content that the User has
submitted, posted or displayed - Withhold settlement of payments by Auspicium Events to the user
- Suspending or terminating the User’s account and any and all
- Any other corrective actions, discipline or penalties as
Auspicium Events may deem necessary or appropriate in its sole discretion. - Notwithstanding anything contained herein these Terms, Auspicium Events may with or
without notice and in its sole discretion be entitled to suspend, de-activate,
or de-list any product listings or user’s account for any reasons,
including without limitation, economic constraints, operational difficulties,
financial implications, usage behavior of the user on the Platform etc. - In the event a user becomes inactive or if no transaction is noticed by
Auspicium Events, in such a case Auspicium Events reserves its right to delist, deactivate or
suspend the user’s account in its sole discretion, with or without giving
any notice to the user. - Auspicium Events reserves the right to cooperate fully with governmental authorities,
private investigators, injured third parties in the investigation of any
suspected criminal or civil wrongdoing and/or any third parties alleging a claim
against you. Further, Auspicium Events may disclose the user’s identity and contact
information, if requested by any third party, government or law enforcement
body, an injured third party, or as a result of a subpoena or other legal
action. - If it comes to the knowledge of Auspicium Events or Auspicium Events reasonably believes that
any user has availed any services to obtain any product/service for its personal
use or consumption or for any purpose other than a commercial purpose, Auspicium Events
shall have the right in its sole discretion, without intimation to the user, to
take action such as but not limited to suspending or terminating the
user’s account and any and all accounts determined to be relation to such
account.
We provide professional
AV/IT/Electrical/Surveillance consultation, design, integration and
installation services for all kinds of commercial
establishments.
When a product(s) is listed for sale on the Platform by a Seller(s), product(s) sold
to Buyer(s) by the Seller(s) will be governed by the bipartite contractual
arrangement entered into directly between the Buyer(s) and the Seller(s). Buyer(s)
agrees that Auspicium Events cannot and does not confirm each Seller’s purported
identity. Auspicium Events encourages Buyer(s) to exercise discretion and caution while
dealing with various Seller(s).
User further acknowledges and undertakes that it shall use the Platform and/or
Service(s) only for its lawful business purposes. Buyer(s) agrees to purchase the
product(s) from the Seller(s) for further resale or commercial purpose and shall not
use the products purchased for your personal use or consumption.
For any Service(s), Auspicium Events does not represent either the Seller(s) or the Buyer(s)
in specific transaction(s). Auspicium Events does not control and is not liable to or
responsible for the quality, safety, suitability of product(s), lawfulness or
availability of the product(s) or service(s) offered for sale on the Platform, or
the ability of the Seller(s) to complete a sale or the ability of Buyer(s) to
complete a purchase. Auspicium Events does not implicitly or explicitly support or endorse
the sale or purchase of any product(s) on the Platform. At no time shall any right,
title or interest in the product(s) sold through and/or displayed on the Platform
vest with Auspicium Events nor shall Auspicium Events have any obligations or liabilities in respect
of any transaction(s) on the Platform.
Each User acknowledges that it is fully assuming the risks of conducting any purchase
and sale transaction(s) (hereinafter referred to as “Transaction Risk”)
in connection with using the Platform and/or Service(s), and that it is fully
assuming the risks of liability or harm of any kind in connection with subsequent
activity of any kind relating to product(s) or service(s) that are the subject of
transaction(s) using the Platform. User acknowledges and undertakes that it is
transacting on the Platform at its own risk and is using its best and prudent
judgment before entering into any transaction(s) through the Platform.
Auspicium Events shall neither be liable nor responsible for any actions or inactions of the
User nor any breach of conditions, representations or warranties of the product(s)
and hereby expressly disclaims any and all responsibility and liability in that
regard. Auspicium Events shall not mediate or resolve any dispute or disagreement between
Buyer(s) and the Seller(s) of the product(s) and/or any third party that is
rendering services to you.
In the event that any User has a dispute with any party to a transaction such User
agrees to release and indemnify Auspicium Events (and our agent(s), affiliate(s),
director(s), officer(s) and employee(s)) from all claims, demands, actions,
proceedings, costs, expenses and damages (including without limitation any actual,
special, incidental or consequential damages) arising out of or in connection with
such transaction. This clause shall also apply to any service(s) opted for by the
User by accessing any link from Auspicium Events site to avail of any independent service(s)
related to the transaction of buy-sell conducted on the Platform from any third
party.
We do not make any representations pertaining to the information, content, product(s)
included on or delivery of the product(s) or otherwise made available to User and
User acknowledges that we are only acting as an intermediary between the Buyer(s)
and the Seller(s). User hereby further agrees, acknowledges and confirms that we are
not responsible in any way for the product(s) purchased by the Buyer(s) from the
Seller(s) and it is explicitly agreed by the User that we will not in any way, under
any circumstances whatsoever, be responsible or held liable for products purchased
by Buyer(s) from the Seller(s) and/or in relation to any issue and/or dispute
thereof. User hereby further agrees, acknowledges and confirms that under the
aforesaid circumstances Buyer(s)’s only recourse will be against the Seller(s)
and we will not be made a party to any such issue and/or dispute between the
Seller(s) and the Buyer(s).
The User(s) shall be solely responsible for obtaining all necessary third party
licenses and permissions (if any required under applicable law) regarding the right
and authority (if required under applicable laws) to re-sell, trade, re-distribute
or export or offer to sell, trade the products or services and such sale, trade,
distribution or export or offer does not violate any applicable laws.
Limitation of Liability and
Indemnity
- To the maximum extent permitted by law, the Service(s) provided by Auspicium Events on
or through the Platform are provided “as is”, “as available”
and “with all faults” , and Auspicium Events hereby expressly disclaims any
and all warranties, express or implied, including but not limited to, any
warranties of condition, quality, durability, performance, accuracy,
reliability, merchantability or fitness for a particular purpose. All such
warranties, representations, conditions, and undertakings are hereby excluded. - To the maximum extent permitted by law, Auspicium Events makes no representations or
warranties about the validity, accuracy, correctness, reliability, quality,
stability, completeness or accurateness of any information provided on or
through the Platform; Auspicium Events does not represent or warrant that the
manufacture, importation, export, distribution, offer, display, purchase, sale
and/or use of product(s) or service(s) offered or displayed on the platform does
not violate any third party rights; and Auspicium Events makes no representations or
warranties of any kind concerning any product or service offered or displayed on
the platform. Except as provided herein, to the fullest extent permissible by
applicable law, the aggregate liability of Auspicium Events for any claims that may
arise in connection with these terms shall not exceed an amount of INR 100/-. - Under no circumstances will Auspicium Events be liable for any consequential,
incidental, special, exemplary or punitive damages, including but not limited to
any lost profits that result from your purchase of any products on platform or
any services availed, even if Auspicium Events has been advised of the possibility of
such damages.
Force Majeure
Under no circumstances shall Auspicium Events be held liable for any losses, delay or failure
or disruption of the content or services delivered through the Platform resulting
directly or indirectly from acts of nature, forces or causes beyond our reasonable
control, including without limitation, internet failures, computer,
telecommunications or any other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions, acts of God, war, governmental
actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign
courts or tribunals or non-performance of third parties.
Intellectual Property Rights
- Auspicium Events is the sole owner or lawful licensee of all the rights and interests in
the Platform and the Platform Content. All title, ownership and intellectual
property rights in the Platform and Platform Content shall remain with Auspicium Events
or licensors of the Platform Content, as the case may be. All rights not
otherwise claimed under the Terms or by Auspicium Events are hereby reserved. - “Auspicium Events” and any other related icons and logos are registered
trademarks or trademarks or service marks of Auspicium Events Private Limited, in
various jurisdictions and are protected under applicable copyright, trademark
and other proprietary rights laws. The unauthorized copying, modification, use
or publication of these marks is strictly prohibited. - Auspicium Events may, at its sole discretion, permit the User(s) of the Platform, in
writing, to use “Auspicium Events” and any other related icons and logos for
indicative purposes in the form and manner and terms and conditions as maybe
agreed by Auspicium Events.
Notices
- All legal notices or demands to or upon Auspicium Events shall be made in writing and
sent to Auspicium Events personally, by courier, certified mail, or facsimile to the
following entity and address: Office address, Attn: Legal Department. The
notices shall be effective when they are received by Auspicium Events in any of the
above-mentioned manner. - All legal notices or demands to or upon a User shall be effective if either
delivered personally, sent by courier, certified mail, by facsimile or email to
the last-known correspondence, fax or email address provided by the User to
Auspicium Events, or SMS, WhatsApp messages, or in-app notifications, or by posting such
notice or demand on an area of the Platform that is publicly accessible without
a charge or through such other mode of communication as Auspicium Events may deem fit in
its discretion. Notice to a User shall be deemed to be received by such User if
and when (a) Auspicium Events is able to demonstrate that communication, whether in
physical or electronic form, has been sent to such User, or b) immediately upon
Auspicium Events posting such notice on an area of the Platform that is accessible by
the User or publicly accessible without charge.
Miscellaneous Provisions
Unless otherwise communicated to you by Auspicium Events, the Terms (including its sections
as may be applicable to the Seller(s) or Buyer(s)) constitute the entire agreement
between User and Auspicium Events and govern the User’s use of the Platform and any of
the Service(s). The Terms shall supersede any prior written or oral agreements that
you may have had in relation to the use of the Platform and any of the
Service(s).
Unless stated otherwise, we will be your one stop solution for all the services
(except credit) on the Platform with effect from 00:00 hours on 26th July 2019
(“Cut-Off Date”), and any new transactions on the Platform shall be
governed by these Terms. It is clarified that, any transaction made by you on the
Platform before the Cut-Off Date shall be governed by your arrangements with the
relevant parties (i.e., third party service provider(s)) as existing prior to the
Cut Off Date. The erstwhile terms of use are available as follows:
Buyer Terms
The provisions of this section II. shall be applicable only to Buyer(s). These
Buyer(s) Terms shall be read in conjunction with the General Terms and in the event
of any conflict between the General Terms and Buyer Terms, the provisions of Buyer
Terms shall supersede and prevail.
Definitions
For the purposes of this Section, the following capitalized terms shall have the
following meaning:
- “Buyer” shall have the meaning as ascribed under the General Terms.
For the ease of reference, the terms ‘you’, ‘your’ under
this section have also been used to refer to the Buyer. - “Consignee” shall mean the Buyer or any person named in the Delivery
Note or any of his/her representatives that takes the delivery of Shipment being
transported. - “Dangerous Goods” includes products that are or may become of a
dangerous, hazardous, inflammable, radioactive, or damaging nature, products
liable to taint or affect other products and products likely to harbor or
encourage vermin or other pests. - “Delivery Note” shall mean the waybill containing the essential
information (as determined by us on our sole discretion) required for the
performance of the logistics services, including name, delivery address and
contact number (if applicable) of the Buyer or the designated recipient of the
Shipment, description of the contents of the Shipment (if applicable) and COD
details (if applicable). - “Logistics Services” means the shipping, delivery, including cash on
delivery (“COD”) and other allied services provided by us to you
pursuant to these Buyer Terms. - “Order(s)” shall mean order placed by Buyer for purchasing Products
from the Seller on the Platform. - “Order Detail(s)” shall mean the details relating to the Order,
including without limitation, the description of Products, details of the Seller
and the Buyer, date of order placement, total amount payable by the Buyer,
delivery date, mode of payment, unique order number (AWB number) etc. - “Product(s)” shall mean goods of any categories (other than
Dangerous Goods). - “Shipment(s) / Consignment(s)” means all Products (excluding
documents) that travel under one Delivery Note and which may be carried by any
means we choose in our discretion, including air, road or any other carrier.
Buyer’s Responsibilities, Representations
and Warranties
- You represent, warrant and agree that
- You are a lawfully incorporated business entity and are fully able and competent
to understand and agree to the Terms - You have full power and authority to accept the Terms, to grant the license and
authorization (if applicable) and to perform the obligations hereunder - You will use the Platform and Service(s) for business purposes only
- you will not use or access the Platform for your personal purposes and any
Product(s) that you purchase shall be for commercial purposes and not for
personal consumption; - The address you provide when registering your account on the Platform is the
Buyer(s) place of business of your business entity - Your business is validly existing and incorporated / established as per the
provisions of applicable laws - You shall comply with all applicable laws while using and accessing the Platform
- You and Product(s) or service(s) provided by you on the Platform (if any) comply
with applicable laws - You shall be solely responsible for obtaining all necessary third party licenses
and permissions (if any required) regarding any User Content that you submit,
post or display - Any User Content that Buyer(s) submits, posts or displays does not infringe or
violate any of the copyright, patent, trademark, trade name, trade secrets or
any other personal or proprietary rights of any third party. - Buyer(s) will be required to provide information or material about Buyer’s
entity, its business, service(s) or product(s) as part of the registration
process on the Platform or your use of any Service(s) or the Buyer(s) account
and such information may be required to be furnished by Auspicium Events from time to
time. Buyer(s) represents, warrants and agrees that - such information and material whether submitted during the registration process
or thereafter throughout the continuation of the use of the Platform or any
Service(s) is true, accurate, current and complete - Buyer(s) will maintain and promptly amend all information and material to keep
it true, accurate, current and complete. - Buyer(s) may be required to promptly furnish additional document(s) or
information as and when requested by Auspicium Events to continue using and accessing
the Platform and availing the Service(s). Buyer(s) agrees to promptly provide
such additional document(s) and information, failing Auspicium Events reserves its right
to take appropriate measures as set out under Clause 7 (Breaches and Suspension)
of the General Terms - Buyer(s) consents to the inclusion of the contact information about Buyer(s) in
Auspicium Events’s database and usage of the same as per Auspicium Events’s privacy
policy.
Payments by Buyers
Upon placing the Order(s) on Platform, Buyer(s) will make full payment for the
Product(s) purchased by using any of the modes of payment made available by us on
the Platform, from time to time.
Buyer(s) acknowledges that it is solely responsible for the transaction(s) /
payment(s) made to the Seller(s) for the Product(s) purchased by the Buyer(s).
Buyer(s) acknowledges and agrees that we are acting merely as a payment collector
and shall take no responsibility as to the legality of any payment transaction(s)
between the Seller(s) and the Buyer(s). We do not have any obligation,
responsibility or liability to verify any transaction(s) authenticated and/or
authorized by the Buyer(s) or its payment instructions.
We will transmit the payments for the Order(s) received from the Buyer(s) in the
manner as set forth under the settlement process of Seller(s) Terms. You hereby
agree to be bound by the applicable provisions of the Seller Terms in this regard
and agree not to raise any dispute with respect to the manner of settlement by
Auspicium Events.
You hereby consent and agree to comply with guidelines, instructions, requests, etc.,
as maybe made by us or third party banks or financial institutions, as the case may
be or a payment system provider from time to time, in relation to making payments on
the Platform.
Buyer hereby acknowledges and agrees that we shall not be liable for failure of any
transaction undertaken on Platform for any reason whatsoever including but not
limited to non-performance or omission or commission on the part of Seller,
deficiency of service and/or Products delivered, technical errors on the Platform.
You further acknowledge that we shall not be responsible, in any manner whatsoever,
for any loss incurred by you for a failed / incomplete transaction undertaken by you
on the Platform.
In case of an occurrence of a chargeback event, we reserve our right to withhold the
settlements to Seller, pending enquiries by the banks or any regulatory body till
the resolution of such issues.
Buyer shall comply with all the applicable regulations/ laws in relation to cash
transaction as stipulated under the applicable tax laws.
Any refunds shall be subject to the Return Shipments Policy and Undelivered Shipment
Policy. Refunds shall be processed in the same manner as they are received. Refund
amount will reflect in the Buyer’s bank account based on respective banks
policies.
If you avail service from any third party service provider using the Platform, upon
receipt of instruction from such third party service provider, you agree and
authorize us to remit and settle such collected payments (after deduction of our
fees (if any) and any other charges or taxes applicable under tax laws) to the
designated bank account of the third party service provider within such timelines as
mentioned in the settlement process of Seller Terms. You agree and acknowledge that
no separate authorization will be required by us to collect and transfer payment to
such third-party service provider.
You agree and acknowledge that our decision in this regard shall be final and
binding. If you do not agree to the above, you may choose not to transact on the
Platform. If you continue to transact on the Platform, it shall be deemed that you
have agreed and accepted the above terms.
Undelivered Shipment
You acknowledge that a delivery failure may occur for various reasons, as set out
under the Return & Undelivered Shipment Policy . In relation to the Undelivered
Shipments (as defined under the Return & Undelivered Shipment Policy ), you
agree to be bound by the provisions of the Return & Undelivered Shipment Policy
which can be accessed here.
Returns
In case of any Return Request (as defined under the Return & Undelivered Shipment
Policy), you agree to be bound by the provisions of the Return & Undelivered
Shipment Policy which can be accessed here.
Seller Terms
The provision of this Section III shall be applicable only to a Seller(s). These
Seller Terms shall be read in conjunction with the General Terms and in the event of
any conflict between the General Terms and Seller Terms, the terms of Seller Terms
shall supersede and prevail.
Definitions
For the purposes of this Section, the following capitalized terms shall have the
following meaning:
- Dangerous Goods” includes products that are or may become of a dangerous,
hazardous, inflammable, radioactive, or damaging nature, products liable to
taint or affect other products and products likely to harbor or encourage vermin
or other pests. - “Delivery Note” shall mean the waybill containing the essential
information (as determined by us on our sole discretion) required for the
performance of the logistics services, including name, delivery address and
contact number (if applicable) of the Buyer or the designated recipient of the
Shipment, description of the contents of the Shipment (if applicable) and COD
details (if applicable). - “Order(s)” shall mean order placed by Buyer(s) for purchasing
Products from the Seller(s) on the Platform. - “Payment and Settlement Services” shall mean remittance and
settlement of any and all payments collected by Auspicium Events from the Buyer or third
party paying on behalf of the Buyer, pursuant to an order placed by a Buyer on
the Platform, to the designated bank accounts of the Seller or any third party
upon receipt of instructions from the Seller. - “Product(s)” shall mean goods of any categories (other than
Dangerous Goods). - “Sales and Distribution Support Services” or “S&D
Services” shall mean to include the Standard Platform Services, Payment
and Settlement Services, Standard Warehousing Services, goods handling services
and other allied services that may be provided by Auspicium Events to support supply
chain. - “Seller” shall have the meaning ascribed to it under the General
Terms. For the ease of reference, the terms ‘you’,
‘your’ under this section have also been used to refer to the
Seller. - “Shipment(s) / Consignment(s)” means all products (excluding
documents) that travel under one Delivery Note and which may be carried by any
means we choose in our discretion, including air, road or any other carrier. - “Standard Platform Services” shall mean the use and access of the
Platform by the Seller, which includes but not limited to creation, display and
updating of product listings and subsequent sale transaction by the Seller to
the Buyer, in accordance with these Seller Terms and General Terms. - “Standard Warehousing Services” shall include but not be limited to:
(a) arranging for the storage of Products of the Seller; (b) handling Products
of the Seller at warehouse(s); (c) tertiary packaging of the Products for ease
of handling, transportation, and temporary storage of the Products to be shipped
to Buyer; (d) performing the administrative task of printing invoices for the
Seller; (d) other ancillary services as may be mutually agreed between Auspicium Events
and the Seller; and/or (e) special access to fulfil Orders from own source.
Seller’s Obligations, Representations and
Warranties
You represent, warrant and agree that:
- You are a lawfully incorporated business entity and are fully able and competent
to understand and agree to the Terms - You have full power and authority to accept the Terms, to grant the license and
authorization (if applicable) and to perform the obligations hereunder - You shall use the Platform and Service(s) for business purposes only
- You will not use or access the Platform for your personal purposes and any
Product(s) that you may sell are for commercial purposes and not for personal
consumption - The address you provide when registering your account on the Platform is the
Seller(s) place of business of your business entity - Your business is validly existing and incorporated / established as per the
provisions of applicable laws - You shall comply with all applicable laws while using and accessing the Platform
- You and Product(s) or Service(s) provided by you on the Platform (if any) comply
with applicable laws - You shall be solely responsible for obtaining all necessary third party licenses
and permissions (if any required) regarding any User Content that you submit,
post or display - Any User Content that Seller(s) submits, posts or displays does not infringe or
violate any of the copyright, patent, trademark, trade name, trade secrets or
any other personal or proprietary rights of any third party (“Third Party
Rights”) - You have the right and authority (if required under applicable laws) to sell,
trade, distribute or export or offer to sell, trade, distribute or export the
Product(s) or Service(s) described in the User Content and such sale, trade,
distribution or export or offer does not violate any Third Party Rights - The description and particulars of the Consignment (including but not limited to
the weight, content, measure, quality, condition, marks, numbers, and value) are
complete and accurate with all laws, regulations, and requirements that may be
applicable - All information provided by you or person acting on your behalf relating to the
Shipment(s) are complete and accurate- The Shipment(s) are properly and sufficiently prepared, packed, stored,
labelled, and/or marked - The Shipment(s) are packed in a manner adequate to withstand normal
handling or storing while transporting - The Shipment(s) are in compliance with all laws, regulations, and
requirements as may be applicable.
- The Shipment(s) are properly and sufficiently prepared, packed, stored,
- Seller(s) will be required to provide information or material about
Seller’s entity, its business or Product(s)/Service(s) as part of the
registration process on the Platform or your use of any Service or the Seller
account. Seller represents, warrants and agrees that:- Such information and material whether submitted during the registration
process or thereafter throughout the continuation of the use of the
Platform or Service(s) is true, accurate, current and complete - Seller(s) will maintain and promptly amend all information and material
to keep it true, accurate, current and complete.
- Such information and material whether submitted during the registration
- Seller(s) may be required to furnish additional document(s) or information about
product(s)/ service(s) that the Seller(s) may offer for sale on the Platform in
order to authenticate that the Product(s) offered for sale are genuine and
authentic and do not infringe intellectual property rights or proprietary rights
of any third party. Seller(s) agrees to promptly provide such additional
document(s) and information, failing Auspicium Events reserves its right to take
appropriate measures as set out under Clause 7 of the General Terms. - Seller(s) consents to the inclusion of the contact information about Seller(s)
in Auspicium Events’s database and usage of the same as per Privacy Policy . - Seller(s) shall comply with the packaging guidelines as communicated to the
Seller(s) by Auspicium Events from time to time. The said Packing Instructions can be
accessed here. - For delivery of Shipment(s), Seller(s) hereby authorizes us to carry out the
administrative task of printing Delivery Note containing information with
respect to Shipment(s) on its behalf. The Seller(s) agrees to be solely
responsible for any discrepancy or error in the details mentioned on such
Delivery Note and agrees to indemnify us against any such losses or claims. - Seller(s) shall ensure that the Consignment does not contain any letter of
communication which will infringe the Indian Postal Act, 1983 or any other
applicable laws. We accept Consignment(s) in good faith that the Consignment(s)
do not contain anything which will infringe or be in violation of any applicable
laws. - If more than one Consignment(s) is booked to the same Buyer(s), Seller(s) must
ensure that the full address of the Buyer(s) is written on all the
Consignment(s). - Seller(s) shall not enclose cash, digital currency, high value gift article(s),
share certificate(s), travel document(s), Dangerous Good(s), explosive(s),
firearm(s), cattle, or any other product(s) that is prohibited by applicable
laws, in the Shipment(s). If Dangerous Good(s) or any good(s) that are
prohibited by applicable laws are found in the Shipment(s) which constitute a
risk to other good(s), property, life or health, such Shipment(s) may without
notice be destroyed or otherwise dealt with at our sole discretion and at your
risk and expense. In this regard, you shall, at all times, fully indemnify us
and hold us harmless against all penalties, claims, damages, losses, costs and
expenses (including but not limited to legal expenses) whatsoever arising in
connection with any such Product(s). - Seller(s) shall be solely responsible to declare the accurate value of the
Consignment(s). - Seller(s) shall ensure that all the Consignment(s) are provided to us before the
specified cut-off-time specified by us for on time delivery with all the proper
document(s) (in accordance with applicable laws including but not limited to
applicable central, state, integrated, or Union Territory goods & services
tax laws (GST)) required to ship the Shipments. GST on the Product(s) contained
in Shipment(s) and all applicable statutory tax compliances shall be your sole
responsibility and we shall not be responsible for any losses, damages resulting
from any such non-compliances. - Seller(s) shall be solely responsible to ensure that the Consignment(s) is
handed over to us within the time slots allotted to Seller(s) by us. If
Seller(s) does not handover the Shipment(s) within the time slot allotted, then
Seller(s) shall be charged extra for second attempt being made by us to take the
Shipment(s). Such charges will be as displayed on the Platform. - Seller(s) are required to behave professionally with the pickup and delivery
associates of Auspicium Events. Any misbehavior, unprofessional conduct, verbal and
physical abuse is prohibited and will be considered as a violation of these
Terms. Auspicium Events reserves the right to remove selling privileges in its sole
discretion if deemed that a Seller(s) is in violation of this clause. - Seller(s) hereby expressly authorize us and/ or our third party service
providers to undertake insurances for safe keeping of Products in the warehouses
and during transit of Products, as the case may be, and claim insurance from the
relevant insurance company in the event of loss or damage of Products while in
its custody (including transit). Seller shall have no objection to the payment
of claims to us and/or our third party service providers in the event of a loss. - Seller(s) shall be solely responsible to raise invoices to Auspicium Events or to the
Buyer(s) for Product(s) sold by the Seller(s) to the Buyer(s). In case Seller(s)
is raising invoice(s) to Auspicium Events the seller is responsible for
warranty/guarantee of the product(s). In the event any penalty is levied by any
governmental or regulatory authority on us due to Seller’s non-compliance
of applicable laws, including without limitation, non-availability of invoice(s)
with the Consignment(s) etc., Seller(s) agrees to indemnify us, in this regard
for all costs, losses, liabilities, penalties or expenses that we may have to
incur. We shall not assume any liability for Seller’s failure to comply
with this clause. - In addition to these Terms, the Seller(s) agrees to be bound by the terms of the
Return & Undelivered Shipment Policy , as may be amended from time to time,
in case of any undelivered Shipment and return of Shipment respectively.
Payment and Settlement Services
We shall have the right to withhold settlement of payment(s) to you or any third
-party, if we, in our sole discretion, determine that the transaction being
undertaken by you is not genuine or suspicious or fraudulent.
You hereby consent and agree to comply with guidelines, instructions, requests, etc.,
as maybe made by us or third party banks or financial institutions, as the case may
be or a payment system provider from time to time, in relation to these Payment and
Settlement Services.
Refunds (if any) shall be processed in the same manner as they are received. Refund
amount will reflect in the Seller’s bank account based on respective banks
policies. We reserve a right to charge Claims Processing Fee (as defined under the
relevant policies) in accordance with the Return and Undelivered Shipment policy, as
the case maybe.
In case of any returns request raised by Buyer(s) or any claims or disputes raised by
Buyer(s), we reserve our right to withhold the settlement of payment(s) to Seller(s)
until the resolution of such return requests, claims or disputes, as the case may
be.
In relation to the tax collection at source under applicable GST laws, as may be
amended from time to time:
In case of any mismatches on account of tax collection at source, Seller(s) shall be
required to provide all relevant information to us, to correspond with the relevant
authorities and also in case of any liability accruing on account of omission shall
be Seller’s obligation to pay such deficit.
Seller(s) will provide the corresponding Harmonized System Nomenclature (HSN) code
number and applicable GST rates for every product sold of the Platform. You accept
that declaring the HSN and GST rates of the product(s) is your responsibility, and
that in order to sell the product(s) on the Platform pre-declaring the respective
HSN and GST rates shall be mandatory.
Seller(s) will be responsible to provide their correct GST registration number
against which the tax collected at source (under GST laws) need to be reported by
us. We shall not hold any responsibility of incorrect disclosures of GST
registration number and consequent loss of credits of tax collected at source in the
hands of the seller(s). In case any tax, interest or penalty is imposed on us, on
account of incorrect disclosure of information by the Seller(s), then such Seller(s)
shall indemnify us with respect to such tax, interest or penalty as may be levied by
the GST authorities.
We shall have the right to deduct or recover, as the case may be, tax deducted at
source (“TDS”) as may be applicable under the applicable provisions of
Income Tax Act,1961 (as may be amended from time to time) and as determined by us in
our sole discretion on transaction(s) and/or payment(s) through or facilitated by
the Platform. In respect of TDS deducted and/or recovered, we will provide
certificate(s) evidencing and/or supporting the deposit of TDS in the prescribed
format in accordance with the provisions of the Income Tax Act, 1961 (as may be
amended from time to time). It is clarified that for this purpose, we will be
entitled to rely upon the Permanent Account Number (“PAN”) and any other
particulars provided to us and we shall have no obligation to validate or verify the
same. In the event of any liability that may arise on account of incorrect or
incomplete particulars/details being provided by Seller(s) to us including interest,
penalty or any other levies, we shall have the right to recover the same from the
Seller(s) in our sole discretion.
Seller(s) shall comply with all the applicable regulations/ laws in relation to cash
transaction as stipulated under the applicable tax laws.
We shall be entitled to recover from the Seller(s) and or Buyer(s), from time to
time, any amounts due from it or incurred by us on account of the following
Chargeback of transactions
- Any penalty or charge which may be levied on us by any payment instrument or the
clearing house i.e. Reserve Bank of India or its local clearing agent (as the
case may be) arising, inter alia, for excessive chargeback of transactions or
excessive failure of transactions or excessive Buyer disputes and/or any other
reason; - Any amount due to us from the Seller
- If there are reasonable grounds to suspect that a transaction has been conducted
in breach of any applicable laws or is a fraudulent transaction, we shall be
entitled to suspend or withhold the payments of the Seller that are due to the
Seller. - In case of an occurrence of a chargeback event, we reserve our right to withhold
the settlement(s) to Seller(s), pending enquiries by the banks or any regulatory
body till the resolution of such issues.
Limitation of Liability and Indemnity
We shall not have any liability whatsoever for any claims arising from: (a) any of
your acts or omissions; (b) compliance with the instructions given by you or any
person acting on your behalf; (c) an act or order of any government authority; (d)
the insufficiency of the packing or labelling of Shipment(s); (e) the nature or
description of the Shipment(s); (f) riots, civil commotions, strikes, lockouts,
stoppage or restraint of labour; (g) explosion, fire, flood or storm; (h) any cause
which we could not avoid and the consequences whereof we could not prevent by the
exercise of reasonable diligence; (i) any loss, miss-delivery, delay or damage to
any Shipment(s); and/or (j) any dispute or claims between the Seller(s) and the
Buyer(s) including without limitation relating to the Shipment(s) or Product(s)
hereunder.
Each Seller(s) agrees to indemnify Auspicium Events, its affiliate(s), director(s),
employee(s), agent(s) and representative(s) and to hold them harmless, from any and
all damages, losses, claims and liabilities (including legal costs on a full
indemnity basis) which may arise from or in connection with: (i) your submission,
posting or display of any User Content; (ii) from your use of the Platform or any of
the Service(s);(iii) from your breach of the Terms or breach of any applicable laws,
including tax laws; (iv) any of the service(s) availed by you from a third party
service provider(s) using the Platform; (v) any liability or defect in the
Product(s) offered/ listed for sale on the Platform; (vi) your negligence or wilful
misconduct; (vii) any sale or offer of sale of counterfeit or fake Product(s) on the
Platform or any alleged or actual patent, copyright, trade secret, trademark, trade
name, or other intellectual property right infringement or other claim, demand or
action resulting from the advertising, publishing, promotion, manufacture, sale,
distribution or use of any of the Product(s); (viii) any alleged or actual personal
injury, death or property damage suffered by Auspicium Events arising from the supply or
sale of Product(s) by Seller(s); and/or (ix) any claim by a third Party or Buyer(s)
made pursuant to, or liability arising under any consumer protection laws, including
any non-conformity or defect in, or any recall of, any of Product(s).
Refund Policy:
- Within 10 Days of the event: 75%
- Within 7 Days of the event: 25%
- Within 2 Days of the event No refund
- Refund amount will be processed with 7days