Terms of Services

Terms of Services

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND RULES MADE THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2008. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

1. DEFINITIONS:

“Buyers” shall have the person who shall purchase the product by creating an User Account;

“Company” shall mean G4K Solutions Pvt Ltd.;

“Platform” shall mean a collection of online resources including the mobile application of the platform;

“Products” shall mean the goods and services listed on the Platform by the Merchants for the purposes of marketing and selling such goods and services to Buyers;

“G4K”; “Us”; “We”; “Our” shall mean the Company;

“Users”, “Buyers”, “Merchants” “Sellers” “You” or “Your”; shall mean any natural or legal person who has access to and is using the Platform for the purpose of marketing or selling their Products, including but not limited to such users who have not created a User Account and are accessing the Platform without such a User Account or who are browsers, vendors, customers, merchants, and/ or contributors of data, content, Information, pictorial representations and/or images (“Content”); and

“Merchant” shall mean a person or company involved in trade, especially one dealing with supplying goods to a particular trade.

“User Account” shall be the account, which the Users shall be required to create with the Platform to avail the entire gamut of Services offered by Company.

2. INTRODUCTION:

This Platform is operated by the Company under the brand Sahayyam. The Company offers You, the User this Platform, including all information, tools and services available in this Platform subject to Your acceptance of all terms, conditions, policies and notices stated herein. Use of the Platform and related tools and services thereof, including but not limited to view or act on such information and/or to make any transactions through the Platform, is governed by and shall be subject to these terms and conditions (“Merchants’ Agreement” or “Terms of Services” or “Terms”). Any new features or tools which are added to the current Platform shall also be governed by this Terms of Services.

Your visit, dealing and/or transaction at the website shall be treated as You agree with the Terms along with the Privacy Policy govern Your relationship with Us. You confirm that You have also read, agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy. This Merchants’ Agreement defines the legally binding terms of Your use of the Platform and related services. You also confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules or applicable to particular services on the Platform (“Additional Documents”), which shall be deemed to be a part of this Merchants’ Agreement. In the event of any conflict between the terms of this Merchants’ Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Merchants’ Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Platform. Certain part this Platform are available only if You register on this Platform as per the registration process mentioned under this Merchants’ Agreement.

The headings used in this Merchants’ Agreement are included for convenience only and will not limit or otherwise affect these Terms.

In the event you represent any corporate or registered entity, you hereby confirm that You have been expressly authorized by such entity or legal person to consent this Merchants’ Agreement, and such entity or legal person agrees to be bound by the terms hereunder.

3. SCOPE:

The platform is an e-portal/mobile based application for marketing, purchasing and selling of products. Your visit to our platform and/ or listing some product for marketing purposes, you engage in our “Service” and agree to abide by the following terms and conditions (“Terms of Services”, “Terms”), including additional terms and conditions and policies (Additional Documents) as referred herein and/or available by hyperlink. These Terms of Services apply to all Users of the Platform. A breach or violation of any of the Terms shall result in an immediate termination of Services and may result in reporting to the law enforcement agencies.

4. EXCLUSION OF LIABILITY:

You aware and understand that platform is only a platform for prospective buyers and sellers. The Merchant shall alone be liable for all the products. The Company shall not have any liability or obligation either for the Products shown in the catalogue or for the actual goods or services provided to the Buyers by Merchant and all such liability, including financial and legal, shall solely lie with the Merchant. Further, the Merchant shall only be responsible for procuring all licenses, permits, passes etc. as required by applicable law for such Products. The responsibility lies with the Merchant to ensure that the Products are permitted for advertising, listing and sale under applicable laws. Though, Company have the right to remove any item from the Platform that is listed for sale, it is Merchant’s responsibility not to list or sell anything that is not permitted under applicable laws. An indicative list is provided below under clause 7, but that list is not exhaustive. Platform facilitates payments on behalf of you, but accepts no liability associated with products. The Merchant shall ensure that the products exactly same in real life and the store display as accurately as possible the colors and images of the products. The Merchant shall fully be liable and responsible for dealing with any returns or refunds. The Company shall not take responsibility for dealing with any such returns or refunds.

5. ONLINE STORE TERMS:

I. By agreeing to these Terms of Services, you represent that you are competent to enter into valid legal contracts under the Indian Contract Act, 1872, your consent to allow any of your minor dependents to use this platform;

II. While using the service, you should not violate any laws in your jurisdiction (including but not limited to copyright laws);

III. You should not transmit any worms or viruses or any code of a destructive nature;

IV. The content submitted by You, shall not be derogatory, offensive or misleading in any manner;

V. You are solely responsible for the content that you upload, submit or send to or exchange on the Platform. We shall under no circumstances be responsible for any claims made by a third party in respect thereof;

VI. Any fraudulent use of this platform 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, the Company reserves 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 Merchants’ Agreement.

VII. We will not be accountable for verifying any content posted on the platform;

VIII. You also acknowledge and understand that the use of the platform requires internet /mobile network connectivity. You shall bear such costs incurred to access and use the platform and you shall not, under any circumstances whatsoever, held us responsible or liable for such costs;

IX. You shall be solely responsible for all activities undertaken through Your User Account, whether or not you have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard;

X. You shall alone be responsible for checking the Content, Product description and other related information; and

6. GENERAL CONDITIONS:

I. We, at our sole discretion, refuse Service to anyone at any time without assigning any reason.

II. You understand that We may transfer Your Unencrypted Content (not including credit card information) which involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

III. You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or any contact on the Platform without Our express written permission.

7. PROHIBITED USES:

You undertake and warrant that You will not list the following Products on the Platform:

I. Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);

II. Alcohol;

III. Animals and wildlife products – examples include live animals, mounted specimens, and ivory;

IV. Artifacts;

V. Counterfeit goods and services infringing the IP (as defined below);

VI. Crude oil;

VII. Electronic surveillance equipment prohibited by law;

VIII. Embargoed goods from prohibited countries;

IX. Endangered species of animals and plants, whether alive or dead;

X. Event tickets which are exempted from resale by law;

XI. Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;

XII. Any financial services;

XIII. Food and healthcare items without holding requisite permits;

XIV. Grey market products;

XV. Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)

XVI. Government issued documents like passports etc.;

XVII. Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;

XVIII. Human remains and body parts;

XIX. Invoices and receipts (including blank and pre-filled);

XX. Liquefied petroleum gas cylinder;

XXI. Lottery tickets;

XXII. Mailing lists and personal information;

XXIII. Maps and literature where Indian external boundaries have been shown incorrectly;

XXIV. Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;

XXV. Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;

XXVI. Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;

XXVII. Radioactive materials;

XXVIII. Reptile skins;

XXIX. Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;

XXX. Stocks and securities;

XXXI. Real estate;

XXXII. Radioactive materials;

XXXIII. Stolen property;

XXXIV. Tobacco;

XXXV. Any other sanctioned or prohibited items or services as per applicable laws; and

XXXVI. Any other item deemed unfit by Company.

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Platform or its Content:

I. for any unlawful purpose;

II. to solicit others to perform or participate in any unlawful acts;

III. to violate any international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;

IV. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

V. to submit false or misleading information;

VI. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the internet;

VII. to collect or track the personal information of others;

VIII. to spam, phish, pharm, pretext, spider, crawl, or scrape;

IX. to interfere with or outmaneuver the security features of the Service or any related Platform, other Platforms, or the internet. We reserve the right to terminate Your use for violating any of the prohibited uses.

8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION:

We are not accountable for the information available on the platform if such information is not accurate or not complete or not current. The material provided in the platform is general information only and should not be relied upon or used for making decisions without consulting primary sources of information. Any reliance on such material is at your own risk; and We reserve the right to modify the contents of the platform at any time and it is your responsibility to monitor changes to our platform.

9. MODIFICATIONS:

We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for such modification, price change, suspension or discontinuance of the Service.

10. PRICE OF THE PRODUCTS:

The Merchant warrants that the sale price of product provided by the Merchant on the platform shall be:

I. Inclusive of all taxes; and

II. the exact price at which the Product would be sold to the Buyer

We shall not take any responsibility for any claims with respect to tax payable on the products sold by the Merchant on the platform. We expressly disclaim all warranty with respect to the quality of any products, information, or other material sold by you through the platform, will meet the Buyers’ expectations, or that any errors in the Service will be corrected. You will alone be responsible for the same.

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, form any loss arising out of or in relation to any: (i) claims with respect to taxes to be paid on the products sold by you on the platform; and/or (ii) with respect to any misrepresentation of the sale price of the products listed by you on the platform.

11. PRODUCTS:

We, at our discretion, shall limit the sales of our Services to any person, geographic region or jurisdiction which may be exercised on a case-by-case basis. Further, we may limit the quantities or change the price and descriptions of any products or discontinue any product that you offer, at any time without notice, at our sole discretion. Subsequent, available of any offer for any such product on this platform is void.

You may access to third-party tools while using our service on the platform. You acknowledge that your access to such tools on an “as is basis” and without any warranties, representations or conditions of any kind. We shall have no liability arising from or relating to your use of such third-party tools.

You may access to certain content, products, material and services available (“Third Party Material”) via our service from third-parties. A third-party link on this platform may direct you to third-party platforms. We are not responsible for examining or evaluating the content or accuracy and do not warrant any liability or responsibility for any third-party materials.

Please review carefully the third-party's policies and practices before you engage in any transaction. We may direct any such Complaints, claims, concerns, or questions regarding third-party products.

12. FEEDBACK:

Ideas, suggestions, proposals, plans, or other materials (collectively, “Feedback”) submitted by You whether on Our request or of Your own via online or email or postal mail or otherwise, may be, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise used by Us. However, we shall have no obligation to maintain such Feedback in confidence or respond to such Feedback or pay any compensation for such Feedback. We are not responsible for any Feedback that are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property. You shall ensure that Your feedback shall not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right and shall not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware. You shall alone be responsible for such feedbacks and their accuracy.

13. PERSONAL INFORMATION:

Your personal information is governed by our privacy policy.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

We expressly disclaim any guarantee, representation or warranty of any kind, including all implied warranties or conditions that the use of our service will be uninterrupted, timely, secure or error-free or the results that may be obtained from the use of the service will be accurate or reliable or shall not infringe any third party rights. We reserve the right but not to take any obligation 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 Platform is inaccurate

You shall use the service is at Your own risk. You shall not make us responsible for ensuring that the sale price and other consideration to be received from the Buyer (“Sale Price”) for sale of products listed on the platform.

In no event shall the Company, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of production, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service even if advised of their possibility.

15. INTELLECTUAL PROPERTY RIGHTS:

You shall grant us a worldwide non-exclusive, transferable, royalty free license to use the content that You upload in the platform including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content and such license will not terminate upon your deletion or removal of the content or any other uploaded content in respect of which license is granted.

You acknowledge that all copyright, database right and all other proprietary rights, title and interest in all content and or information presented on this platform (“IP”) is owned by and/or licensed to Us or owned by and/or licensed to the manufacturer of the products and/or services or is owned by and/or licensed to the person uploading such content and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise. You acknowledge that the use of this platform does not confer upon You or any other party, any license, interest or rights of any kind in or to the intellectual property or other proprietary rights of the Company, the manufacturer of the products and/ or services and/or of any third party.

16. INDEMNIFICATION:

You shall indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, made by any third-party due to or arising out of or resulting from Your breach of these Terms or the documents We incorporate by reference, or Your violation of any law or the rights of a third-party.

17. SEVERABILITY:

In the event any provision of this Merchant Agreement is held to be invalid or unenforceable, the remaining provisions of this Merchant Agreement will remain in full force.

18. TERMINATION:

Terms of Services shall remain in effective unless and until terminated by us. If you fail, or you have failed, to comply with any term or provision of these Terms of Services, we, at our sole discretion, shall terminate this Merchants’ Agreement at any time without notice and you shall remain liable for all amounts due till the date of termination. You shall not further access to our Services (or any part thereof).

19. ENTIRE AGREEMENT:

Any waiver by Us of any default or breach of this Terms shall not constitute a waiver of any other or subsequent default or breach.

These Terms of Service and any policies or operating rules posted by us on this platform contain the entire agreement between the You and the Company with respect to the provision of services. The terms shall supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Services).

20. GOVERNING LAW:

These Terms of Services and all matters arising out of or relating to this Terms, shall be governed by the laws of India and the Courts of Mumbai, Maharashtra, India will have the exclusive jurisdiction.

21. FORCE MAJEURE:

We shall not be in default otherwise be liable for any delay in or failure of our performance under this Terms due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc.

22. CHANGES TO TERMS OF SERVICE:

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is Your responsibility to check our Platform periodically for changes. Your use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

23. CONTACT INFORMATION:

Questions about the Terms of Services should be sent to Us