Terms of Use
Last Updated: 04-05-2024
This document ("Terms") is an electronic record in terms of Information Technology Act, 2000 ("IT Act, 2000") and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time 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 and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.uchito.com website and its 'Uchito', 'Uchito Select' & 'Uchito Seller' applications for mobile and handheld devices.
1. General
a) www.uchito.com website and "Uchito", "Uchito Select" & "Uchito Seller", mobile applications, (hereinafter together be referred to as "Platform") are run, operated and maintained by Infinite eCom (hereinafter referred to as "Company" or "We" or "Our" or "Us"), operating from L-301, Cosmos, Magarpatta City, Pune 411013, Maharashtra.
b) For the purpose of these Terms of Use (hereinafter referred to as "Terms"), wherever the context so requires "You", "Your", "Merchant" or "Seller" shall relate to any natural or legal person who has agreed to become a seller/merchant on the Platform by providing registration data while registering on the Platform for selling items/services. As a registered seller, you shall list products/items ("Items") for sale on the Platform in accordance with the policies which are incorporated by way of reference in this Terms. The Merchant items are visible on the Platform to the Merchant's customers ("Buyers" or "Customers") who may select Items from the displayed listings on the Platform and place orders ("Orders") for Store Pickup or Home Delivery. We enable transactions and communication services between participant Merchants and Buyers ("Platform Services" or "Services"). The word "User" shall collectively imply a seller, a buyer, and any visitor on the Platform.
c) Use of the Platform is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments/modifications made time to time by Company at its sole discretion and posted on the Platform, including by way of imposing an additional charge for access to or use of a services.
d) The Company reserves the right to change or modify these Terms or any policy or guideline of the Platform including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform and waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Platform will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Platform.
e) Please read the Terms carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By (i) using this Platform or any facility or service provided by this Platform in any way; or (ii) merely by browsing the Platform, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Platform's Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Platform, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
2. Eligibility
a. 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.
b. We reserve the right to terminate Your registration and/or refuse You access to the Platform if it is brought to Our notice or discovered that You are under the age of 18 years.
c. If You register as a business entity, You represent that You are duly authorized by the business entity to accept the Terms and you have the authority to bind the business entity to the Terms.
d. Our Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Us from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing Platform Services under the applicable laws.
e. Company reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.
f. You shall not have more than 1 (one) active Account on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.
3. Account and Registration
a) In order to use the Platform and avail Our Services, You will have to register on the Platform and create an account with a unique user identity ("Account"). You can access the Platform on a compatible mobile or tablet, You will have to install the application and then proceed with registration. You shall be permitted to access the Platform, avail the Services on the Platform only upon creating an account and obtaining a registration on the Platform. Your ability to continue using the Platform, Our Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, address, contact details, valid phone number while registering on the Platform.
b) As a part of the registration, You may be required to undertake a verification process to verify Your personal and business information and setting up the Account.
c) You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to ensure the safety and security of Your Account. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph. You may be held liable for losses incurred by Company or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Company also allows/shall allow restricted access to the Platform for unregistered Users. You shall ensure that the Account Information provided by You in the Platform registration form is true, complete, accurate and up to date. Use of another User's Account Information for availing the services offered by Company is expressly prohibited.
d) We have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly update the correct and updated information. You acknowledge and accept that Company has not independently verified the information provided by You. Company shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
4. Use of the Platform
You agree and understand that We 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. We 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. We are 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:
a. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
i. belongs to another person and which you do not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
iii. is false, inaccurate, misleading or misrepresentative in any way;
iv. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
v. harasses or advocates harassment of another person;
vi. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; including spamming by ways of unrelated feedbacks on surveys
vii. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
viii. infringes upon or violates any third part'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];
ix. 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;
x. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
xi. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
xii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
xiii. contains video, photographs, or images of another person (a minor or an adult);
xiv. 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;
xv. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout this Terms of Use, our prior written consent means a communication coming from us, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
xvi. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
xvii. interferes with another user's use and enjoyment of the Platform;
xviii. refers to any website or URL that, in our 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 of Use;
xix. harm minors in any way;
xx. infringes any patent, trademark, copyright or other intellectual property 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;
xxi. violates any law for the time being in force;
xxii. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xxiii. impersonate another person;
xxiv. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
xxv. 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
xxvi. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers; or
xxvii. directly or indirectly, offers, attempts 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.
b. 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.
c. 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.
d. 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.
e. 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 Uchito, uchito.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Company or sellers on the platform or otherwise tarnish or dilute any Uchito 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 Our systems, networks, or any systems or networks connected to Platform.
f. 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.
g. 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.
h. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of Company and/or others.
i. 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.
j. 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 Company.
k. 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.
l. You shall not engage in advertising or solicitation of other users 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 Terms 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.
m. We reserve the right, but have no obligation, to monitor the material posted on the Platform. We 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 Terms. Notwithstanding this right, you remain solely responsible for the content of the material you post on the platform and your independent communication with other users of the platform. Please be advised that such content posted does not reflect Company's views. In no event shall We 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, libellous, tortious, or otherwise unlawful information.
n. 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.
o. We 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), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
5. Seller Obligations
a. We shall perform Platform Services on best effort basis and as agreed with no liability. We provide no assurance that any Buyer will place Orders against the respective Merchant/s.
b. The Merchant shall be solely responsible for display of the name of the shops and prices of the items/products, which shall be listed for the Buyers to choose from. Merchant shall perform Delivery Services at all time.
c. Merchant shall be solely responsible to reimburse and/or absolve the cost of Orders for which Buyers have either refused to pay for or have claimed a refund for reasons that are solely attributed to Merchant, including but not limited to,
i. Buyer's expectations not being met or Buyer dissatisfaction with regard to the quality of items/products supplied by the Merchant;
ii. Wrong items put in the package;
iii. Poor quality;
iv. Missing items in the order; and
v. Foreign object in the order.
d. The Merchant shall be solely responsible for reviewing information on the Platform and shall ensure that all information manifested / advertised are up to date and in accordance with applicable law. The Merchant shall update all such information and inform us about the same in accordance with these Terms of Use.
e. The Merchant shall be solely responsible for any warrantee/guarantee of the products sold to the Buyers and in no event, shall it be the responsibility of Company.
f. In case any merchant is selling any food or products for human consumption, The Merchant represents, warrants and covenants that:
i. it shall at all times offer, sell prepared food and beverages that are best quality and fit for human consumption;
ii. it holds, at all times during the availing of Services, all licenses and/or consents necessary under all applicable statutes and regulations, including but not limited to the license/registration obtained ("FSSAI License") under the Food Safety and Standards Act, 2006 ("FSS Act") for it to carry out its business;
iii. it shall at all times, ensure that the food and beverages, provided by the Merchant to the Buyers through the Platform, satisfy the requirement laid down under the FSS Act and all other statutory amendments or re-enactments, rules and regulations made thereunder that maybe for the time being in force;
iv. it shall at all times comply with hygiene and sanitary practices, and such other practices as may be applicable to its business, as prescribed under Schedule 4 of the Food Safety and Standard (Licensing and Registration of Food Businesses) Regulations, 2011;
v. it has full power and capacity to enter into and perform its obligations under this Terms of Use and has taken all necessary corporate and other actions to authorise the execution and performance thereof, mere use of the Platform and Services will constitute valid and binding obligations on and against it, in accordance with its terms;
vi. it is the sole author of, owns or otherwise controls all content provided to us, or has been granted the right to use such content / information (including menus) from the rights holder and does not violate or infringe the rights of any third party or applicable laws;
vii. all information provided by the Merchant, including all information contained in the Merchant's menu, service offerings, inclusions and exclusions is and shall at all times be true, accurate and correct and not misleading in any respect;
viii. it shall be solely liable for the quality of all its products, including all food and beverages and the packaging of the same, and shall at all times be in compliance with applicable laws;
ix. it will comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Prevention of Corruption, Act 1988;
x. it shall not use alternate means (including but not limited to phone/emails/SMS) to connect with the Buyer using the Platform, to take Orders and thereby circumventing the Platform transaction;
xi. it shall ensure, at all time, its Personnel, its employees and representatives ("Merchant Personnel") behave in a respectable and courteous manner with our representatives and as well as with the Buyers. Merchant Personnel shall not be rude, behave discourteously, or use foul or abusive language at any interaction. It shall at all time promptly report to us immediately, any behavioural issue by our representatives or Buyers for suitable action;
g. Merchant shall process and execute the Orders promptly, correctly and issue valid tax invoice against each order fulfilled and a copy of such invoice shall be included in the package. It must always ensure it shall prepare the ordered items as per the Order placed by the Buyer and shall be solely responsible for all the cost and consequences, if in case of supply of wrong items.
h. Merchant shall ensure that it will at all times maintain parity in the pricing of its products offered for sale on the Platform as against its other sales channels, including but not limited to in-store.
i. Each Party hereby grants to the other Party a non-exclusive, non-transferable, worldwide, royalty free right to use, copy, publish and display the other Party's trademarks, logos, name, menu and related information solely in connection with the promotion and marketing of the collaboration between the Company and the Merchants and related purposes, including for publishing on the Platform.
j. Notwithstanding these terms and conditions of Service, We reserve the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant. We shall resume provision of Services to the Merchant at its own discretion.
k. In case any fraudulent activity is detected by us from the Merchant, We reserve the right to immediately terminate its services for the Merchant and the Fee paid, if any, shall be forfeited. In case of monetary loss to the Company as a result of the fraudulent actions, it shall be recovered from the Merchant. Without prejudice to the above, We reserve the right to initiate legal proceedings against the Merchant for the fraudulent use of the Platform or for any other unlawful act or omission in breach of this Agreement.
l. We reserve the right to suspend, terminate or permanently disable your shop from the platform and/ or cease providing you with all or part of the Services of the platform at any time for any or no reason, including but not limited to, if we reasonably believe that: (i) you have violated these Terms & Conditions, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct or any fraudulent activity, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable.
m. Any fraudulent use of this Platform or applicable payment method to purchase the Products, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, We reserve the right to initiate legal proceedings against You for the fraudulent use of this Platform or for any other unlawful act or omission in breach of this Agreement.
n. You also understand and acknowledge that the use of the Platform requires internet /mobile network connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs.
o. 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 the Terms. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. All listed items must be kept in stock for successful fulfilment of sales. 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.
6. Compliances on selling Items
a. 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.
b. It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. We shall not be responsible for any deficiency and/ or omission on your part.
c. We do not mandate that any of your Products should be sold exclusively on the Platform. We unilaterally waive any obligation on You to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.
d. A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller.
e. Seller must 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 items on the Platform under applicable laws.
f. 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 Terms that will cause the other party to violate such regulations.
g. 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'.
h. 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. We do 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 the Company can temporarily/indefinitely suspend/terminate/block/with-hold your account at its own discretion.
7. Accuracy Of Information
a. We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at Your own risk.
b. Occasionally there may be information on our Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).
c. This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Platform at any time. You agree that it is Your responsibility to monitor changes to Our Platform.
d. The product images displayed on Platform are only for reference purpose. Actual product packaging, product size, weight, MRP and such other product details may contain more and/or different information than what is shown on the Platform. It is recommended not to solely rely on the information presented on the Platform but verify all the item details with the Merchant before making actual purchase from the Merchant.
8. Rating & Feedback
a. You agree that: (i) after completion of a Purchase Service on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Buyers; and (ii) the Buyers may also be prompted to rate You on the Platform. Based upon such ratings, Your rating score on the Platform will be determined and displayed to the Buyers.
b. We and Our affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with Our business and Our affiliates without attribution to or approval of Users and You hereby consent to the same. We and Our affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual's name or other personal information, or violate any privacy laws, other applicable laws or Our or Our affiliates' content policies.
9. Third Party Tools
a. We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.
b. You acknowledge and agree that We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of such third-party tools.
c. Any use by You of such tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s).
d. We may also, in the future, offer new Services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
10. Third Party Links
a. Certain content, Products and Services available via our Services may include Items from third-parties. The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others).
b. Third-party links on this site may direct You to third-party platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or platforms, or for any other materials, products, or services of third-parties.
c. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party platforms. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. If You decide to access any such linked third party website, You do so at Your own risk.
11. User Comments
a. We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
b. You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
c. You further agree that Your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
d. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or platform Users or third parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or Merchants or any third-party.
12. Representations and Warranties
a. Subject to compliance with the Terms of Use, Company grants You a non-exclusive, limited privilege to access and use this Platform and Our Services.
b. You agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Us or Merchants or other Users.
c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing Our Platform and Services.
d. You represent and warrant that You are legally authorised to view and access the Platform and avail Our Platform and Services.
e. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Us.
f. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive content on the Platform.
g. You agree and acknowledge that the use of the Our Services offered by the Platform is at Your sole risk and that We disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
h. Without prejudice to the above, We make no representation or warranty that the Our Services will meet Your requirements. All commercial/contractual terms are offered by you and agreed to by the Buyers alone. The commercial/contractual terms include (without limitation) price, applicable taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Company does not have any control or do not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.
i. We do not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. We accept no liability for any errors or omissions of third parties in relation to the products and services.
j. We are not responsible for any non-performance or breach of any contract between you and buyers. We cannot and do not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. We shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
k. Company does not make any representations or warranties regarding item-specifics (such as legal title, credit worthiness, 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.
l. We do 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.
m. At no time shall We hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. We are 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.
n. The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. We only provide 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.
o. You release and indemnify Company 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, We 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.
p. All materials/content on Our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Us. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Our prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, We hereby grant You a non-exclusive, freely revocable (upon notice from Us), non-transferable access to view the Material on the Platform.
13. Intellectual Property Rights
a. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by us ("Uchito Property") and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Uchito Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Uchito Property without the prior written consent from Us.
b. The trademarks, logos and service marks displayed on the Platform ("Marks") are Our property, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior Our consent or such third party as may be applicable.
14. Disclaimer of Warranties & Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
a. The Platform and Uchito Property, Our Services are provided on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, We make no warranty that (i) the Platform, Platform Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Us shall create any warranty not expressly stated in the Terms of Use.
b. We will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any User content.
c. We will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
d. We shall not be responsible for the delay or inability to use the Platform, Platform Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, We shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Our control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
15. Indemnification and Limitation of Liability
a. You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its owners, officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Platform Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
b. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Our Property on the Platform.
c. You indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or Our Services.
d. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS, EVEN IF THE COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
e. The Platform and the Our Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and We shall not be liable for the same, whatsoever.
16. Violation of the Terms of Use
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and You consent to the Company/Client obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company/Client may have at law or in equity. If Company/Client takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief that may be granted.
17. Additional Terms
We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
18. Term and Termination
a. The Terms of Use will continue to apply until terminated by either You or Us as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Services, Your only recourse is to de-active Your Account on the Platform.
b. We may, in Our sole discretion, bar your use of the Platform Services at any time, for any or no reason. Even after your account with Us is disabled, dormant or made inactive, the terms agreed by You will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use.
c. The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
d. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until We chooses to terminate them.
e. You hereby agree and acknowledge, upon termination, We shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
19. Governing Law
This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Pune, Maharashtra.
20. Relationship
The Parties agree that nothing in this Terms of Use shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees. Company is, and shall remain an independent contractor with respect to their performance hereunder and shall have no right or authority to assume or create any obligation, express or implied on behalf of the Merchant and vice versa.
21. 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.
22. Report Abuse and Grievance Redressal
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report to Company's customer support team.
If You have any concern about the Terms or grievances about the Platform or Our Services, please contact us by writing us through the Platform with a thorough description and We will try to resolve the issue for You.
23. Miscellaneous
a. Notice: All notices of Company will be served by email or by general notification on the Platform.
b. Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
c. Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, 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 Terms shall continue in full force and effect.
d. Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.