Terms of Use
GHERA SALES
This
document is an electronic record in terms of Information Technology Act, 2000
(“IT Act, 2000”), the applicable rules thereunder 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.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries Guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access to or usage of www.gherasales.com website.
The
domain name www.gherasales.com, including the related
mobile site and mobile application as well as the seller portal seller.GHERA
SALES.com (hereinafter referred to as “Platform”) is owned and operated by GHERA
SALES (hereinafter referred to as 'GHERA SALES'), a company incorporated under
the Companies Act, 1956.
For
the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever
the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal
person who has agreed to become a seller on the Platform by providing
registration data while registering on the Platform using computer systems. The
word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the
Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean GHERA SALES.
Your
use of the Platform and the features therein is governed by the following terms
and conditions (ToU) including applicable policies available on the Platform,
notifications and communications sent to you on the Platform which are
incorporated herein by way of reference. If you transact on the Platform, you
shall be subject to the policies that are applicable to the Platform for such a
transaction. By mere use of the Platform you shall be contracting with GHERA
SALES, and these terms and conditions including the policies constitute your
binding obligations to GHERA SALES.
When
you use any current or future services provided by us through the Platform you
will be subject to the rules, guidelines, policies, terms and conditions
applicable to such services and they shall be deemed incorporated into the ToU
and considered a part and parcel of the ToU. We reserve the right, at our sole
discretion, to change, modify, add, or remove portions of the ToU at any time.
We will notify you through any of the communication modes as mentioned in this
ToU in case of any changes or updates to the ToU that materially impact your
use of the Platform. Your continued use of the Platform following the
changes or updates will mean that you accept and agree to the revisions. As
long as you comply with the ToU, we grant you a personal, non-exclusive,
non-transferable, and limited privilege to enter and use the Platform.
ACCESSING,
BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE
TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE
PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and
agree to be bound by all of GHERA SALES’s policies applicable to you, as amended, from time
to time.
Seller
Eligibility
The
use of the Platform is available only to persons who can form legally binding
contracts under the 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 Platform. If you are a minor i.e. under the age of 18 years, you shall
not register as a seller on the Platform, transact or use the Platform. GHERA
SALES reserves the right to terminate your registration and/or refuse you
access to the Platform if it is brought to GHERA SALES’s notice or discovered
that you are under the age of 18 years. If you register as a business entity,
you represent that you are duly authorized by the business entity to accept the
ToU and you have the authority to bind the business entity to the ToU.
Your
Account and Registration Obligations
In
the course of your use of the Platform, you agree to furnish your details and
information as requested by us from time to time. You shall remain responsible
for maintaining confidentiality of this information, as well as your display
name, login and password details. You agree that if you provide any information
which is untrue, inaccurate, not current, or incomplete or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current,
incomplete, or not in accordance with the ToU, we shall have the right to
suspend or terminate your account on the Platform or indefinitely block you
from accessing the Platform.
Seller
Account Deactivation:
As
per our policy, if a seller requests for a closure of the account, the account
will be put on hold for a period of 90 days to ensure smooth closure of
transactions which have been made prior to his closure request and this will be
available to the said seller for downloading payment and taxation reports, if
required. After 90 days, the seller would be required to reach out to us
confirming that he has downloaded the reports and requesting for a deactivation
again. Upon receiving this confirmation, the seller’s account will be
deactivated provided there are no outstanding payments due from the seller,
with certain information being retained by GHERA SALES at all times, such as
registered mobile number, registered email ID, GSTIN and other transaction
related information. Such information is being retained for audit purposes and
to prevent fraudulent acts by the sellers in the future. If a seller decides to
commence his business with GHERA SALES again, he/she will not be able to create
a new account but the older account can be restored if it is required.
Communications
When
you use the Platform or send emails, other data, information, or communication
to us, you agree and understand that you are communicating with us through
electronic records and you consent to receive communications via electronic
records from us periodically or as and when required. We may communicate with
you by email or any other mode of communication, electronic or otherwise.
Platform
for Transaction and Communication
The
Platform is a platform that users utilize to independently meet and interact
with one another for their transactions. GHERA SALES is not and cannot be a
party to any transaction or dispute between users on the Platform.
Consequently:
1.
All commercial/contractual terms are offered by you and agreed upon between you
and buyers alone. The commercial/contractual terms include (without limitation)
price, shipping costs, payment methods and terms, date, period, and mode of
delivery, and warranties and after-sales services related to products and
services. GHERA SALES does not determine, advice, have any control, or in any
way involve itself in the offering or acceptance of such commercial/contractual
terms between you and buyers.
2.
GHERA SALES does not make any representations or warranties regarding specifics
(such as quality, value, and salability) of the products or services proposed
to be sold, offered to be sold or purchased on the Platform. GHERA SALES does
not implicitly or explicitly support or endorse the sale or purchase of any
products and services on the Platform. GHERA SALES accepts no liability for any
errors or omissions of third parties in relation to the products and services.
3.
GHERA SALES is not responsible for any non-performance or breach of any
contract between you and buyers. GHERA SALES cannot and does not guarantee that
you and buyers concerned will perform transaction(s) concluded on the Platform.
GHERA SALES shall not and is not required to mediate or resolve disputes or
disagreements between you and buyers.
4.
GHERA SALES does not make any representations or warranties regarding
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 buyer you choose to deal with on the Platform and use your best
judgment in that regard.
5.
GHERA SALES does not at any point in time during a transaction between you and
a buyer on the Platform come into or take possession of any of the products or
services offered by you, gain title to or have any rights or claims over the
products or services offered by you to the buyer.
6.
At no time shall GHERA SALES hold any right/title to or interest in the items
nor have any obligations or liabilities with respect to such a contract. GHERA
SALES is not responsible for unsatisfactory or delayed performance of services,
damages, or delays as a result of items which are out of stock, unavailable, or
back-ordered.
7.
The Platform is only a platform that can be utilized by you to reach a larger
customer base to sell items or services. GHERA SALES only provides a platform
for communication and it is agreed that the contract for sale of any products
or services shall be a strictly bipartite contract between you and the buyer.
8.
You release and indemnify GHERA SALES and/or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the users on the Platform and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts on that behalf, GHERA SALES cannot control the information
provided by other users which is made available on the Platform. You may find
other user's information to be offensive, harmful, inaccurate or deceptive.
Please use caution and practice safe trading when using the Platform. Please
note that there may be risks in dealing with underage persons or people acting
under false pretence.
Use
of the Platform
You
agree and understand that GHERA SALES and the Platform merely provide hosting
services to its registered users and persons browsing/visiting the Platform.
All items advertised / listed and the contents therein are advertised and
listed by registered users and are third party user generated contents. GHERA
SALES shall bear no responsibility or liability in relation to or arising out
of third party user generated content. GHERA SALES neither originates nor
initiates the transmission nor selects the sender and receiver of the
transmission nor selects nor modifies the information contained in the
transmission. GHERA SALES is merely an intermediary and does not
interfere in the transaction between buyers and sellers.
You
agree, undertake and confirm that your use of the Platform shall be strictly
governed by the following binding principles:
1.
You shall not host, display, upload, modify, publish, transmit, update or share
any information or image which:
(a)
belongs to another person and over which you have no right;
(b)
is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene,
pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or
racially, ethnically objectionable, disparaging, relating to or encouraging
money laundering or gambling, or otherwise unlawful in any manner whatever, or
unlawfully threatening or harassing, including but not limited to ‘indecent
representation of women’ within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c)
is false, inaccurate or misleading in any way;
(d)
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;
(e)
harasses or advocates harassment of another person;
(f)
involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass
mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on
surveys
(g)
promotes illegal activity or conduct that is abusive, threatening, obscene,
defamatory, or libelous;
(h)
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];
(i)
promotes an illegal or unauthorized copy of another person's copyrighted work
(see “Copyright complaint" below for instructions on how to lodge a
complaint about uploaded copyrighted material) such as providing pirated
computer programs or links, information to circumvent manufacturer-installed
copy-protect devices, or pirated music or links to pirated music files;
(j)
contains restricted or password-only access pages, hidden pages or images or
URLs leading to any other pages (those not linked to or from another accessible
page);
(k)
provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
(l)
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, providing or creating
computer viruses;
(m)
contains unauthorized videos, photographs or images of another person (whether
a minor or an adult);
(n)
tries to gain unauthorized access or exceeds the scope of authorized access to
the Platform, profiles, blogs, communities, account information, bulletins,
friend requests, or other areas of the Platform, or solicits passwords or
personal identifying information for commercial or unlawful purposes from other
users on the Platform;
(o)
engages in commercial activities and/or sales such as contests, sweepstakes,
barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’
items related to the Platform without our prior written consent.
Throughout
the ToU, GHERA SALES’s prior written consent means a communication coming from GHERA
SALES’s Legal Department in response to your request and specifically
addressing the activities or conduct for which you have sought authorization;
(p)
solicits gambling or engages in any gambling activity which we, at our sole
discretion, believe is or could be construed as being illegal;
(q)
interferes with another’s use and enjoyment of the Platform;
(r)
refers to any website/URL which, at our sole discretion, contains material that
is inappropriate for the Platform or any other website and content that is
prohibited or violates the letter and spirit of ToU;
(s)
harms minors in any way;
(t)
infringes any patent, trademark, copyright, proprietary rights, third-party’s
trade secrets, rights of publicity, or privacy, is fraudulent, or involves the
sale of counterfeit or stolen items;
(u)
violates any law for the time being in force;
(v)
deceives or misleads the addressee/ users about the origin of messages or
communicates any information which is grossly offensive or menacing in nature;
(w)
impersonates another person;
(x)
contains software viruses or any other computer codes, 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;
(y)
threatens the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any offence or prevents investigation of any offence or is
insulting any other nation; offends the religious and national sentiments of
the nation as included in ‘Zero Tolerance to Profanity, Hurting National and
Religious Sentiments’ policy.
(z)
shall, directly or indirectly, offer or attempt to offer trade or attempt to
trade in any item 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;
(aa)
shall create liability for us or cause us to lose (in whole or part) the
services of our Internet Service Provider (“ISPs”) or other suppliers.
2.
You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic
device, program, algorithm, methodology, or any similar or equivalent manual
process to access, acquire, copy, monitor any portion of the Platform or
content or in any way reproduce, or circumvent the navigational structure,
presentation of the Platform, or any content to obtain or attempt to obtain any
material, documents, or information through any means not purposely made
available through the Platform. We reserve our right to bar any such
activities.
3.
You shall not attempt to gain unauthorized access to any portion or feature of
the Platform, other systems, networks connected to the Platform, server,
computer, network, or the services offered on or through the Platform by
hacking, password ‘mining’, or any other illegitimate means.
4.
You shall not probe, scan or test the vulnerability of the Platform or any
network connected to the Platform or breach the security, authentication
measures on the Platform or any network connected to the Platform. You may not
reverse look-up, trace or seek to trace information on any other user of or
visitor to Platform (including any account on the Platform that is not owned by
you) or to its source or exploit the Platform, any service, 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 your own information) provided by the
Platform.
5.
You shall not make any negative, denigrating, or defamatory
statement(s)/comment(s) about us, the brand name or domain name used by us,
including the terms GHERA SALES,GHERA SALES.com or otherwise engage in any
conduct or action that might tarnish the image or reputation of GHERA SALES or
sellers on the platform or otherwise tarnish or dilute any GHERA SALES
trademark, service marks, trade name and/or goodwill associated with such
trade, service marks or trade name as may be owned or used by us. You agree
that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Platform or GHERA
SALES’s systems, networks, or any systems or networks connected to GHERA SALES.
6.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Platform, any transaction being
conducted on the Platform or any other person’s use of the Platform.
7.
You shall not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message, transmittal you send to us on or through
the Platform, or any service offered on or through the Platform. You may not
pretend that you are or represent someone else or impersonate any other
individual or entity.
8.
You may not use the Platform or any content for any purpose that is unlawful or
prohibited by the ToU or to solicit the performance of any illegal activity or
other activity which infringes the rights of GHERA SALES and/or others.
9.
You shall at all times ensure full compliance with the applicable provisions of
the Information Technology Act, 2000, and the other rules thereunder as
applicable and 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
Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food
Safety and Standards Authority of India (FSSAI), relevant State Goods and
Services Tax Act or Union Territories Goods and Services Tax Act and Custom
Duty, Local Levies as may be applicable) and obtain the necessary licences and
permits regarding your use of our Platform, service and/or tools and your
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 Platform 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
Antiquities and Art Treasures Act, 1972, and shall ensure that it is not
delivered to any buyer at any place outside India.
10.
You shall strictly comply with the OFAC Regulations and Other Applicable
Sanctions Regulations as may be amended from time to time.
11.
Solely to enable us to use the information you provide us with and so that we
do not violate any rights you might have in your information, you agree to
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and
sub-licensable (through multiple-tiers) right to exercise the copyright,
publicity or database rights or any other rights you have in your information
for any current or future promotional or advertising related activities and any
business purposes of GHERA SALES.
12.
From time to time you shall be responsible for providing information relating
to the items or services proposed to be sold by you. In this connection, you
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such items or services
so as to mislead other users on the Platform in any manner.
13.
You shall not engage in advertising or solicitation of other sellers on the
Platform to buy or sell any products or services, including but not limited to
products or services related to what is displayed on the Platform. You may not
transmit any chain letters or unsolicited commercial or junk email to other
users acquired/via the Platform. It shall be a violation of the ToU to use any
information obtained from the Platform in order to harass, abuse, or harm
others or contact, advertise and sell to or solicit persons other than those
who have chosen to buy from you. You understand that we have the right at all
times to disclose any information (including the identity of the persons who
have provided information or material on the Platform) as necessary to satisfy
any law, regulation, or valid governmental request. This may include, without
limitation, disclosure of the information in connection with the investigation
of an alleged illegal activity or its solicitation and/or response to a lawful
court order or subpoena. In addition, we can (and you hereby expressly
authorized us to) disclose any information about you to law enforcement or
other government officials as we, at our sole discretion, deem necessary or
appropriate in connection with the investigation and/or resolution of possible
crimes, especially those that may involve personal injury. We reserve the
right, but have no obligation, to monitor the material posted on the Platform. GHERA
SALES shall have the right, at its sole discretion, to remove any content that
violates or is alleged to violate any applicable law or either the spirit or
letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE
FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT
COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be
advised that such content posted does not reflect GHERA SALES’s views. In no
event shall GHERA SALES assume or have any responsibility or liability for any
content posted on the Platform or claims, damages, or losses resulting from its
use and/or appearance of it on the Platform. You hereby represent and warrant
that you have necessary rights to all the content you provide and all
information it contains and that such content shall not infringe any proprietary
or other rights of third parties or contain any misleading, libelous, tortious,
or otherwise unlawful information.
14.
Your correspondence or business dealings with or participation in the promotion
of advertisers on or through the Platform (including payment and delivery of
related products or services, any other terms, conditions, warranties, or
representations associated with such dealings) are solely between you and such
advertisers. We shall not be responsible or liable for any loss or damage of
any sort incurred as a result of such dealings or the presence of such
advertisers on the Platform.
15.
It is possible that other users (including unauthorized persons or ‘hackers’)
may post or transmit offensive or obscene material on the Platform and that you
may be involuntarily exposed to such material. It is also possible for others
to obtain personal information about you due to your use of the Platform and
use such information to harass or injure you. We do not approve of such
unauthorized uses but by using the Platform, you acknowledge and agree that we
are not responsible for the use of any personal information that you publicly
disclose or share with others on the Platform. Please carefully select the type
of information that you publicly disclose or share with others on the Platform.
16.
GHERA SALES shall have all the rights to take necessary action and claim
damages that may occur due to your involvement/participation in any way on your
own or through group(s) of people, intentionally or unintentionally, in DoS
(denial of service) / DDoS (Distributed Denial of Services).
17.
GHERA SALES and/or its affiliates may from time to time in
partnership/association with its partners and/or third-party sponsors,
organise/enable promotional campaigns on the Platform for the benefits of the
customers/Sellers. Partners/third party sponsors may prescribe certain
objective qualifying criteria to identify Sellers who will be eligible for the
benefits of the campaign. All Sellers who qualify based on the objective
criteria provided by such sponsors of the campaign will be auto opted-in and be
able to obtain the benefits of such promotional campaign. In the event any
Seller does not qualify based on the objective criteria, Sellers may choose to
participate in such campaigns by expressly opting-in for them. In the event a
Seller opts in for such promotional campaigns that they are not eligible for to
enhance their sales, they will have to bear the cost of such promotional
campaigns, if any, limited to the sales of their products. For avoidance of any
doubt, some Sellers may qualify, and some may not, based on the qualifying
criteria set for each individual campaign. Please refer to the campaign
communication/notifications for more details, as may be communicated to you
from time to time.
Selling
As
a registered seller, you shall list item(s) for sale on the Platform in
accordance with the policies which are incorporated by way of reference in this
ToU. You must be legally able to sell the item(s) you list for sale on our
Platform and must have all the necessary licenses and permits required for such
sale. 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, pictures or videos that describe your item for sale.
All items must be listed in an appropriate category on the Platform. All listed
items must be kept in stock for successful fulfilment of sales. The listing
description of the item must not be misleading and must describe the actual condition
of the product. If the item description does not match the actual condition of
the item, you agree to refund any amount that you may have received from the
buyer. You agree not to list a single product in multiple quantities across
various categories on the Platform. GHERA SALES reserves the right to delete
such multiple listings of the same product listed by you in various categories.
GHERA SALES reserves the right to restrict the selling of products originating
from certain countries.
Compliance
on selling of goods/services
You
shall also ensure full compliance with the provisions of Integrated Goods and
Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory
Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in
respect of the goods/services supplied by you.
It
is your responsibility to charge appropriate goods and services taxes on the
supplies effected and remittance of the same to the Government. GHERA
SALES shall not be responsible for any deficiency and/ or omission on your
part.
Pursuant
to the tax collection at source provisions under IGST, CGST and/UTGST or SGST,
the portal would collect tax collection at source at applicable rates on net
value of taxable supplies made through the portal and remit to the appropriate
Government.
In
case of any mismatches on account of tax collection at source, you shall be
required to provide all relevant information to GHERA SALES to correspond with
the relevant authorities and also in case of any liability accruing on account
of omission shall be your obligation to pay such deficit.
You
shall be required to provide the corresponding Harmonised System Nomenclature
(HSN) code number for every product listing. In the event that you do not
provide the HSN code number that particular product will be delisted and you
will no longer be able to sell the product on our platform.
You
shall also be required to provide your GSTIN , without which we will not be
able to raise an invoice on you. In the event that you do not provide your
GSTIN number, transactions on your account will be blocked and orders will not
be processed on your account. In the event of you providing your Input
Service Distributor Registration Number, GHERA SALES would be issuing an
invoice to the ISD GST registration number as furnished by you. It is
your responsibility to undertake the necessary compliance required in respect
of the said ISD registration number.
In
the event of any conflict between the terms of this clause and any other clause
in these terms of use, the provisions of this clause will prevail.
You
agree and undertake that You shall not, at any time, purchase more than 25% of
your inventory (in terms of annualised value in a financial year),
purported to be sold on the Platform, from GHERA SALES or its Group Companies.
Group Company shall have the meaning as per the extant Foreign Direct
Investment Policy of India. We may require you to provide certification
(including auditors’ certificate) to confirm compliance with this requirement.
We
do not mandate that any of your Products should be sold exclusively on the
Platform. For the sake of clarity, effective February 01, 2019, GHERA SALES
unilaterally waives any obligation on You to sell exclusively on the Platform.
Any written or oral arrangements to the contrary, shall stand unilaterally
waived.
As
per Section 194-O of the Finance Act, 2020, GHERA SALES will deduct TDS on the
gross amount of sale (excluding GST) of goods or provision of services provided
through the Platform at 0.75% from October 1, 2020 to March 31, 2021 and at 1%
thereafter.
Content
Posted on the Platform
All
text, graphics, seller interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music and artwork, notes, messages, emails, billboard postings,
drawings, profiles, opinions, ideas, images, videos, audio files, other
material or information (collectively ‘Content’) are third-party generated
Content and GHERA SALES has no responsibility or liability over such third-party
generated Content as GHERA SALES is merely an intermediary for the purposes of
this ToU. Except as expressly provided in the ToU, no part of the Platform
including the Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any way
(including ‘mirroring’) to any other computer, server, website or other medium
for publication, distribution or any commercial enterprise without GHERA SALES’s
prior written consent.
You
may use the information on the products and services made available on the
Platform for downloading provided you:
(1)
do not remove any proprietary notice language in all copies of such Content;
(2)
use such Content only for your personal, non-commercial informational purpose
and do not copy or post such information on any networked computer or
broadcast it to any media;
(3)
make no modifications to any Content; and
(4)
do not make any additional representations or warranties relating to the
Content.
You
shall be responsible for the Content posted or transmitted on the Platform by
You. The Content will become our property and you grant us the worldwide,
perpetual, royalty free and transferable rights in such content. We shall be
entitled to, consistent with our privacy policy as adopted in accordance with
applicable law, use the Content or any of its elements for any type of
purpose forever, including, but not limited to, promotional and advertising
purposes in any media, whether now known or hereafter devised or the creation
of derivative work. You agree that any content you post may be used by us,
consistent with this TOU, and you are not entitled to any payment or other
compensation for such use.
Limited
License
GHERA
SALES grants sellers a limited, non-transferable, non-exclusive, non-sub
licensable, non-assignable and personal license to use "Powered by GHERA
SALES" and/or “GHERASALES.com” name and/or logo on seller’s invoice for
transactions concluded on the Platform. Further, GHERA SALES grants sellers a limited,
non-transferable, non-exclusive, non-sublicensable, non-assignable and personal
license to use “GHERA SALES.com” name and/or logo on packing material used by
sellers for delivery of Products sold on the Platform.
Payment
1.
Transactions, transaction price and all commercial terms such as delivery,
dispatch of products and/or services are as per principal to principal
bipartite contractual obligations between sellers and buyers and the payment
facility is merely used by sellers and buyers to facilitate the completion of
transactions. Use of the payment facility shall not render GHERA SALES liable
or responsible for non–delivery, non-receipt, non-payment, damage, breach of
representations and warranties, non-provision of after-sales or warranty
services or fraud as regards the products and/or services listed on the
Platform.
2.
You have specifically authorized GHERA SALES or its service providers to
collect, process, facilitate, and remit payments and/or the transaction price
electronically or through cash on delivery (CoD) to and from buyers in respect
of transactions through payment facility. Your relationship with GHERA SALES is
on a principal to principal basis and by accepting the ToU, you agree that GHERA
SALES is an independent contractor for all purposes and does not have control
of or liability for the products or services that are listed on the Platform
and paid for by using the payment facility. GHERA SALES does not guarantee the
identity of any User nor does it ensure that a buyer or a seller will complete
a transaction.
3.
You understand, accept, and agree that the payment facility provided by GHERA
SALES is neither a banking nor financial service, but merely a facilitator
providing an electronic, automated online electronic payment facility for
receiving payment, or cash on delivery (CoD) payment, collection and remittance
for transactions on the Platform using the existing authorized banking
infrastructure and credit card payment gateway (PG) network. Further, by providing
payment facility, GHERA SALES neither acts as a trustee nor fiduciary with
respect to transaction or transaction price.
It
is hereby clarified that cash on delivery (COD) option may not be available for
select products or categories, at GHERA SALES’s sole discretion.
4. All online bank transfers
from valid bank accounts are processed using the gateway provided by the
respective issuing bank that supports payment facility to provide these
services to the users. All such online bank transfers on payment facility are
also governed by the terms and conditions agreed to between a seller buyer and
the respective issuing bank.
Dispatch
of products and/or services 1. You, as a seller, shall be required to
dispatch the products and/or services for every transaction to the buyer within
the time period as provided in the TOU to ensure that the products and/or
services are delivered in a timely manner. Further, you will solely be
responsible for undertaking transit insurance for products sold by You on the
Platform. For avoidance of doubt, GHERA SALES will not be responsible for
undertaking any insurance(s) for products sold by sellers on the Platform
2.
Seller shall provide dispatch details and details of after-sales services
related to products and services listed by it on the Platform to GHERA SALES in
such a manner and within a time period as provided in the policies, failing
which the transaction shall stand cancelled.
3.
Seller shall dispatch the products and/or services using only an approved
delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of
delivery’ (PoDs) documentation. Such PoD documentation relating to delivery
should be maintained by a seller for a period of 3 (three) years from the date
of dispatch. The PoDs should be furnished to GHERA SALES on demand within the
time frame as notified from time to time.
4.
Seller agrees that the dispatch details shall be true, correct, and duly
authorized and shall not be misleading, fraudulent, false, unauthorized, illegal
and shall not contain any misrepresentation of facts.
5.
In case a seller fails to provide dispatch details or provides dispatch details
not complying with policies, it shall result in consequences as more
specifically stated in the TOU and may lead to suspension and/or termination of
seller account.
6.
Seller agrees that the transaction price paid by a buyer will be remitted to a
seller’s bank account contingent upon the following events:
a)
Buyer confirms the delivery of products and/or services in the transaction;
b)
Buyer does not take any action on payment facility to confirm delivery within
such a time period as provided in the policies despite confirmation of dispatch
of products and/or services by a seller to the buyer;
c)
Buyer’s refund claim is rejected by GHERA SALES due to any breach of the ToU,
policies, and any applicable law;
Once
the transaction is completed by the Seller, the remittance to seller shall be
made in accordance with RBI Intermediary Guidelines.
7.
You are required to route all shipments/consignments through the Logistic
Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic
service provider as approved by GHERA SALES.
Prepaid
Payment Instruments
GHERA
SALES may, either itself or through third-party service providers, offer
prepaid instruments as a payment option for transactions on the Platform to
users. Any purchases by buyers on the Platform using the prepaid instruments
shall be governed by the following terms and conditions:
Financial
Facilities for customers
GHERA
SALES has operationalized tie-ups with multiple partners for providing
financial assistance to customers for purchasing products on the platform and
thereby enhancing the transaction capability of customers. In pursuance of the
same, in the event of the customers opting for the financial assistance program
and you duly receiving such amounts from the partners (on behalf of the
customers), you hereby agree to assign all receivables from the customer for
such transaction. Therefore you hereby agree that without any further action on
your part, upon receipt of the amount due from such partners, any and all
receivables due from the customers shall stand assigned in favour of the
partner. You hereby authorize GHERA SALES to enter into any documentation on
your behalf to complete and perfect the assignment. Upon such assignment, the
financing partner shall have all the rights as the seller may have had in
relation to the collection of receivables from the customer and the customer
shall be required to repay the financing partner directly. The lending partner
further reserves the right to assign and transfer such receivables under these
terms and conditions to an NBFC/financial institution as it may deem fit.
Charges
Registration
on the Platform is free. GHERA SALES does not charge any fee for
browsing/registering on the Platform. However, before you list a product or
service for sale through the Platform, we request you to review our fee policy,
which is hereby incorporated by reference into this ToU. GHERA SALES reserves
the right to change its fee policy from time to time. In particular, GHERA
SALES may, at its sole discretion, introduce new services and modify some or
all of the existing services offered on the Platform. In such an event, GHERA
SALES reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing services, as the case may be. Changes to the
fee policy shall be posted on the Platform and such changes shall automatically
become effective immediately after they are posted on the Platform. Unless
otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable
to GHERA SALES. You shall be solely responsible for compliance with all
applicable laws for making payments to GHERA SALES. You hereby agree that GHERA
SALES shall have the right to set off any amounts due and payable by You to GHERA
SALES against any payments due from GHERA SALES to You.
GST
/Taxes:
You are responsible for paying all fees associated with the use of the Platform
and charges collected in respect of such usage. You agree to bear any and
all applicable taxes, charges, cesses levied thereon (including
CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
1.
A seller agrees that GHERA SALES may offer to provide express remittance to
eligible sellers as per payments settlement policy. Express Remittance shall be
subject to RBI Intermediary Guidelines and arrangements/directions of the nodal
bank. GHERA SALES, at its sole discretion, may make such an offer to eligible
sellers and the same shall not be construed as a right but only as a privilege.
Eligible sellers understand that GHERA SALES reserves the right to withdraw
Express Remittance at any time for any violation of the ToU or GHERA SALES’s
policies and/or failure by the eligible sellers to maintain or comply with the
parameters as may be decided by GHERA SALES from time to time.
2.
Invoice generation: A seller expressly agrees that issuing correct and complete
invoice is the sole and primary responsibility of a seller. We will assist you
with this process by generating an invoice on your behalf. For us to
generate these invoices, we would need a digital image of your signature which
will be affixed on the invoice. The invoice shall then be generated and sent to
the seller. The seller shall be required to physically sign the invoice, print
the invoice and affix the same on the consignment. The invoice generated by GHERA
SALES shall be affixed by the seller on the consignment. Notwithstanding
anything else contained in these terms of use, the seller shall be solely
liable for any liability which may be imposed by taxation authorities for any
discrepancy in the invoices.
A
seller expressly agrees that issuing the correct and complete invoice is the
sole and primary responsibility of a seller. Furthermore, the seller shall
ensure that invoices state ‘Powered by GHERA SALES’ and failing to do so, a
seller shall be liable to chargebacks (as applicable).
3.
In case of any chargebacks levied by the bank, GHERA SALES shall have the right
to deduct such chargebacks from seller remittances, present and future, and a
seller’s only remedy will be to discuss and resolve the same with the bank. A
seller hereby agrees to extend full co-operation in resolving the chargeback disputes
raised by a buyer through the bank and shall provide necessary documentation
regarding the transaction to the complete satisfaction of the bank. In case the
chargeback is ruled against a seller, GHERA SALES shall be entitled and
authorized to recover the same from the seller to its fullest extent and the
bank’s decision shall be final and binding in this regard. In the event GHERA
SALES has made any excess payment to the seller inadvertently, such excess
payments shall be set-off from any future payments payable by GHERA SALES to
the seller.
4.
GHERA SALES may delay notifying the payment confirmation, i.e. informing the
seller to dispatch if GHERA SALES deems suspicious or a buyer conducts high
transaction volumes to ensure safety of the transaction and transaction price.
In addition, GHERA SALES may hold transaction price and not inform seller to
dispatch or remit transaction price to law enforcement officials (instead of
refunding the same to a buyer) at the request of law enforcement officials or in
the event of a buyer being engaged in any form of illegal activity.
5.
Sellers acknowledge that GHERA SALES will not be liable for any damages,
interests, claims etc. resulting from not processing a transaction/transaction
price or any delay in processing a transaction/transaction price that is beyond
the control of GHERA SALES.
6.
GHERA SALES shall make payments into the bank account provided by a seller
during the seller registration process. Once GHERA SALES has made payments into
such a bank account number, GHERA SALES shall be discharged of any/all
liabilities towards the seller and the seller shall not be eligible for any
claims whatsoever.
Compliance
with Laws:
1.Seller
shall sign an undertaking stating that they
have obtained and will continue to maintain in force all the necessary
licenses, permissions, authorizations, and permits needed to distribute,
market, supply and sell the [*] (“Products”) on www.GHERA SALES.com under
applicable
laws,
from time to time, including, the Food Safety and Standards Act, 2006, Food
safety and standards (licensing and registration of food business),
Regulations, 2011 and all applicable legislations under Food Safety and
Standards Regulations, in each case, as amended from time to time. For all
times during which the seller may advertise, distribute, market, supply or sell
the Products on www.GHERA SALES.com, the undertaking remains true and correct
in all respects. Further, the seller shall immediately notify GHERA SALES
Internet Private Limited, in writing, upon the lapse of the FSSAI License
and/or in case of receipt of any order, demand, warrant or document or any
regulatory action with respect to the FSSAI License. The seller acknowledges
and agrees that GHERA SALES Internet Private Limited shall be permitted to
assign or otherwise furnish the undertaking to any authority or person as may
be required for official purposes.Seller shall also comply with the Legal
Metrology Act, 2009 and the related rules and regulations while listing
products on the platform GHERA SALES.com. Seller shall be required to enter the
mandatory attributes while listing products on the platform (including but not
limited to the country of origin of the product) as provided under the Legal
Metrology Packaged Commodity Rules and the related amendments.
2.
In the event of sale of jewellery, the seller shall provide a hallmark
certificate (in accordance with applicable laws) along with the product at the
time of delivery. Further, it shall be sole responsibility of the Seller to
comply with hallmarking or other similar provisions applicable for the sale of
jewellery and GHERA SALES shall not be liable whatsoever for any non-compliance
in this regard.
3.
In the event of sale of jewellery, Seller shall ensure conducting of buyer KYC
in accordance with the prevention of anti-money laundering laws and other
applicable laws. GHERA SALES hereby disclaims any responsibility for conducting
Buyer KYC.
4.
Seller shall comply with all laws and regulations applicable, including but not
limited to anti-money laundering (including ‘know your customer’ and ‘customer
due diligence’), and economic sanctions laws and regulations. Neither party
will engage in a transaction pursuant to this ToU that will cause the other
party to violate such regulations.
5.
Seller shall ensure that no products are sourced or used in the manufacturing
or in the provision of services which originate wholly or in part, from any of
the prohibited countries stated in the ‘OFAC Regulations and Other Applicable
Sanctions Regulations’.
6.
If and to the extent that you collect, access, use, store, record, or otherwise
process (collectively “Process”) any personally identified or identifiable
information such as name, age, gender, email address, physical address, phone
number, in any form that can be linked to a specific individual (“Personal
Information”) received by you from or on behalf of GHERA SALES (or any GHERA
SALES group company) employees, contractors, users, partners, or other third
parties or otherwise obtained in connection with performing your obligations
under this ToU (“GHERA SALES’s Personal Information"), you agree to:
7.
If and to the extent that you provide yours or others’ Personal Information to GHERA
SALES for processing, you warrant that such Personal Information was collected
lawfully, and there is no restriction on you under the Applicable Data
Protection Law, from providing such Personal Information to GHERA SALES or any
processing by GHERA SALES under this ToU. We will only use information provided
by you in accordance with this ToU and our Privacy Policy available at www.seller.GHERA
SALES.com.
8.
You undertake sole and exclusive responsibility to ensure that the products you
want to list on GHERASALES.com for Sales are
permissible for such a Sale and are not prohibited or restricted per one or
many conditions imposed by the extant laws of the land, GHERA SALES’s
Prohibited and Restricted Items Policy, or other GHERA SALES policies/Indian
Laws listed in Seller Learning Portal.
9.
Products must adhere to the legal metrology laws and Indian Labelling
requirements by ensuring that the indicated weights and measurement indicated
in the products and/or its components are commensurate with the mandatory and
legal requirements of the same which make the product and/or components
accurate, authentic and secure for consumption/utilisation by the customer. GHERA
SALES does not assume any responsibility for the proceedings undertaken by an
aggrieved customer/consumer against the seller in the event of a
non-adherence. However, in the event of a complaint from a consumer/customer,
the seller is obligated to answer queries on the non-adherence to the Legal
Metrology Laws, failing which GHERA SALES can temporarily/indefinitely
suspend/terminate/block/with-hold your account at its own discretion.
Product
Description
GHERA
SALES does not warrant that product description or other content on the
Platform is accurate, complete, reliable, current, or error-free and assumes no
liability in this regard.
Audits
GHERA
SALES shall have the right to inspect and audit seller’s records and premises /
place of business through itself or through GHERA SALES approved third party
testing agencies. Cost of such an audit shall solely be borne by GHERA SALES
unless the audit reflects discrepancy in seller accounts / non-compliance with GHERA
SALES’s seller policies, in which case the cost of audit shall be borne by the
seller.
Breach
Without
limiting other remedies, we may limit your activity, immediately remove your
information, warn other users of your actions immediately, temporarily/indefinitely
suspend/terminate/block your account and/or refuse you access to the Platform,
or put your account on hold, in the event of, including but not limited to, the
following:
1.
if you breach the ToU, privacy policy or other policies (if any);
2.
if we are unable to verify or authenticate any information you provide;
3.
if it is believed that your actions may cause legal liability for you, other
users, or us; or
4.
if you do not produce the legal requirement documents such as, the documents required
for product sales in the Drugs and Cosmetics category, the BIS license
documents, the Brand Authorisation letter, or a Trademark registration proof,
as may be required by GHERA SALES Authorities.
We
may at any time, at our sole discretion, reinstate suspended sellers. A seller
that has been suspended or blocked may not register or attempt to register with
us or use the Platform (through itself or any other entity or legal form) in
any manner whatsoever until such time that such a seller is reinstated by us.
Notwithstanding the foregoing, if you breach the ToU or other rules and
policies, we reserve the right to recover any amounts due and owed by you to us
and take strict legal action, including but not limited to a referral to the
appropriate police or other authorities for initiating criminal or other
proceedings against you.
Indemnity
You
shall indemnify and hold harmless GHERA SALES its owner, licensee, affiliates,
subsidiaries, group companies (as applicable) and their respective officers,
directors, agents, and employees from any claim, 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 ToU, privacy policy and other policies or
your violation of any law, rules, regulations or the rights (including
infringement of intellectual property rights) of a third party.
Trademark
complaint
GHERA
SALES respects the intellectual property of others. In case you feel that your
trademark has been infringed, you can write to GHERA SALES at trademark@GHERASALES.com.
Copyright
complaint
GHERA
SALES respects the intellectual property of others. In case you feel that your
work has been copied in any way that constitutes copyright infringement you can
write to GHERA SALES at copyright@GHERASALES.com or raise an incident from your
seller dashboard
Trademark,
Copyright and Restriction
The
Website is controlled and operated by GHERA SALES and products are sold by
respective registered sellers. All material on the Platform, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks and other intellectual property rights. You must not copy,
reproduce, republish, upload, post, transmit, or distribute GHERA SALES’s or
other sellers’ material in any way, including by email or other electronic
means and whether, directly or indirectly, you must not assist any other person
to do so. Without the prior written consent of the owner, modification or use
of the material on any other website/networked computer environment or for any
purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks, and other proprietary rights is prohibited. Any use for
which you receive any remuneration, whether money or otherwise, is a commercial
use for the purposes of this clause.
Limitation
of Liability
IN
NO EVENT SHALL GHERA SALES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF GHERA
SALES HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable
Law
The
ToU shall be governed, interpreted, and construed in accordance with the laws
of India. The place of jurisdiction shall exclusively be Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless
otherwise specified, the material on the Website is presented solely for the
purpose of sale in India. GHERA SALES makes no representation that the material
on the Website is appropriate or available for use in other locations/countries
other than India. Those who choose to access the Website from other
locations/countries other than India do so on their own initiative and GHERA
SALES is not responsible for supply of products/refund for the products ordered
from other locations/countries other than India and compliance with local laws,
if and to the extent local laws are applicable.
Contact
Us
Please
send any comments or questions, including all enquiries not related to
trademark and copyright infringement, by raising an incident from your seller
dashboard.
Grievance
Officer
In
accordance with the IT Act, 2000, and the rules thereunder, the name and
contact details of the grievance officer are provided below: