WEBSITE TERMS OF USE

 

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. 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 or usage of domain name [●] including the related mobile site and mobile application (hereinafter referred to as “Website”

 

These Terms of Use of the Website is between Rich Products & Solutions Private Limited (“Rich”) and the guest users or registered users of the Website describe the terms on which Rich offers you access to the Website and such other services as are incidental and ancillary thereto. (“User Agreement”)

 

1. General

Rich is a company incorporated under the laws of India, with its registered office at J-177 MIDC BHOSARI PUNE MH 411026 INDIA and having CIN [U15549PN1994PTC015847]. Rich is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any user.

 

The Platform is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other users (who are buyers / customers), and (b) a platform for such other users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto.

 

You further agree and acknowledge that Rich is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on the Website.

 

2. Eligibility

Services of the Website would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

 

Rich reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according to any reasons for doing so.

 

3. License & Website access

Rich grants you a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rich. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rich. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of Rich and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Website’s or Rich’s name or Rich’s name or trademarks without the express written consent of Rich. Any unauthorized use terminates the permission or license granted by Rich

 

4. Account & Registration Obligations

All shoppers have to register and login for placing orders on the Website. You have to keep your account and registration details current and correct for communications related to your purchases from the Website. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.

 

5. Pricing

All prices are listed in INR. "Price", as displayed, is inclusive of all taxes at the appropriate rate. Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.

 

6. Cancellation by Website / Customer

You as a customer are not allowed to cancel your order anytime once it is placed, unless otherwise provided specifically by the company. It will be at the sole discretion of the company to accept any cancellation of order. In case of cancellation of order, we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

7. Behavioural advertising

As described above, we use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

8. Return & Refunds

We have a return policy, to be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. The return is only available if the product/item received is defective, damaged or if you receive the wrong item. You can place return request on our website or contact us for any return question at support@richs.in

 

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

 

9. You Agree and Confirm

That in the event that a non-delivery occurs on account of a mistake by you (i.e., wrong name or address or any other wrong information) any extra cost incurred by Rich for redelivery shall be claimed from you.

 

That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.

 

You will provide authentic and true information in all instances where such information is requested of you. Rich reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

 

You authorize Rich to contact you for any transactional purposes related to your order/account.

 

That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.

 

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

 

That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

 

You may not use the Website for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person's use or enjoyment of the Website.
• Breaching any applicable laws.
• Interfering or disrupting networks or web sites connected to the Website.
• Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.

 

10. Colours

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

 

11. Dispute

In case on any dispute between the seller and the buyer Rich is not responsible for it, buyer can directly contact the seller.

 

12. Modification of Terms & Conditions of Service

Rich may at any time modify the Website Terms of Use without any prior notification to you. You can access the latest version of these Conditions at any given time on the Website. You should regularly review the Website Terms of Use. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Website Terms of Use.

 

13. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.

 

14. Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain the property of Rich. Such disclosure, submission or offer of any Comments shall constitute an assignment to Rich of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Rich owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Rich will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Rich is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Please note all reviews submitted by customers are subject to checks and moderation by our content Team. Rich reserves the rights to moderate as well as publish/not publish the reviews. Rich reserves the rights to solicit or withhold reviews and ratings with no liability. Rich reserves the right to accept, reject, moderate, monitor & edit or remove any comment. You grant Rich the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify Rich and its affiliates for all claims resulting from any Comments you submit. Rich and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

15. Copyright & Trademark

Rich and Rich, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Rich or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Rich from Rich. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Rich and/or Rich. You may not modify, distribute or re-post anything on this Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Rich, Rich, its affiliates, its partners, or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo, or mark in any manner. References on this Website to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Rich or Rich endorsement, sponsorship or recommendation of the third party, information, product or service. Rich or Rich is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Rich or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed by Rich, one of its affiliates or by third parties who have licensed their materials to Rich and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Rich and Rich and is also protected by Indian and international copyright laws.

 

16. Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Rich and/or Rich and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

 

17. Indemnity and limitation of liability

You agree to defend, indemnify and hold harmless Rich, Rich, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Rich or Rich or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

Notwithstanding anything to contrary in this User Agreement(s), Rich's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Rich under the relevant order to which the cause of action for the liability relates.

 

18. Losses

Notwithstanding anything to contrary in this User Agreement(s), in no event shall Rich, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Rich has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

 

19. Release

You hereby expressly release Rich and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

 

20. Termination

This User Agreement is effective unless and until terminated by either you or Rich. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website. Rich may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, such termination will be without any liability to Rich. Upon any termination of the User Agreement by either you or Rich, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Rich's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

 

21. Disclaimer of Warranties & Liability

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

 

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Rich nor shall Rich have any obligations or liabilities in respect of any transactions on the website.

 

22. Miscellaneous

• Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Rich's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Rich to any third parties without the requirement of seeking Your prior consent. Rich may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Rich shall have right to transfer Your Account and Account Information to a third party who purchases Rich's business as conducted under the Website.
• Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Rich may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
• Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
• Principal to Principal Relationship: You and Rich are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Rich. As an abundant caution, it is clarified that Rich shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Rich have entered this agreement on principal-to-principal basis.
• Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Rich is, or other third parties in fulfilment of any purchase or sale transaction (for e.g.: logistics service provider, fulfilment centre, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Rich or its third parties performing such services as sub-contractor to Rich and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Rich shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Rich shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.;

 

Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Rich for the purpose of this Agreement shall be [●] with email address: ITIndia@rich.com . Rich may change the aforesaid details from time to time under intimation to you.