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Your use of www.moipot.com (hereinafter referred to as “The Site”) is governed by the Terms and Conditions as contained in this Agreement. “Moipot” is a Trademark of Raw Wired Ventures Private Limited, a private limited company registered under The Company Act, 2013 and having its registered office at 198/2 & 198/3, Chachrawadi Vasna, Ta. Sanand, Dist. Ahmedabad – 382210, Gujarat, India.
It is recommended that you read and understand this User Agreement carefully, as by accessing the site (hereinafter referred to as the “Marketplace”), you agree to be bound by the same and agree that it constitutes an agreement between you and the site (hereinafter referred to as the “User Agreement”).
This agreement is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. This User Agreement may be updated from time to time by the Company without any prior notice. It is therefore strongly recommended that you review the User Agreement, as available on the site, each time you access and/or use the site.
b. ‘Buyer’ shall mean a person or any legal entity who accepts the offer for sale on site by placing an order for and or purchases any products offered for sale on the site.
c. ‘Order’ shall mean a binding purchase order placed by a Buyer on the site for the supply of products by the Seller.
e. ‘Product’ is a reference to any item which the Seller may offer for sale from time to time.
f. ‘Seller Panel’ means a ‘URL’ provided on the site to each Seller to list its product, update the order status, price and inventory on the same.
g. ‘User’/ ‘You’ means and includes you and/or any person or an entity including Buyer or Seller using or accessing this site.
h. ‘Vendor’/ ‘Seller’ shall mean the person or any legal entity who offers for sale products on the site.
i. ‘We’/‘Us’/‘Our’/‘Company’ shall mean Moipot or Raw Wired Ventures Private Limited.
j. ‘Website’/‘Site’ means a reference to moipot.com
2. The site is a platform for Sellers to register themselves and transact with the Buyers for sale of products through the Marketplace. The site does not provide any services to users other than providing the Marketplace as a platform to transact. The site is just a facilitator and platform provider and neither a Seller nor a manufacturer nor a dealer of the product. The site is not a party to any transaction between Buyer and the Seller, or has any control, involvement or influence over the products purchased by the Buyer from the Seller. Use of our name on any document is just for the sake to authenticate the transaction which has taken place over our platform.
3. The site is not responsible nor guarantees any assurance provided by the Seller of the product. The site shall neither be liable nor responsible for any actions or inactions of Seller nor any breach of conditions, representations or warranties by the Seller or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
4. The services of the site are available to only select geographies of India.
5. You represent and warrant that you are competent and eligible to enter into a legally binding agreement under the Indian Contract Act, 1872. You shall not use this site if you are not competent to contract under the Indian Contract Act, 1872.
REGISTRATION AND ACCOUNT:
6. As part of the registration process on the site, the site may collect some personally identifiable information about you and/or your business.
7. Buyer will be required to provide information like name, address, email id, phone number etc. while registering on the site. A seller will be required to provide copy of the PAN Card of the firm, FSSAI Certificate, VAT Registration number, GSTIN, etc.
8. You have to keep your account and registration details current and correct for communications related to your purchases or sales from the site.
9. By agreeing to the Terms and Conditions, you agree to receive promotional communication and newsletters upon registration. The Buyer can opt out either by unsubscribing in “My Account” or by contacting the customer service department.
Upon registration, you agree:
a. THAT you are accessing the services available on this site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this site.
b. 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.
c. THAT in the event that a non-delivery occurs on account of a mistake by the Buyer (i.e. wrong name or address or any other wrong information) any extra cost incurred for redelivery shall be claimed from the Buyer.
d. THAT you will provide authentic and true information in all instances where such information is requested of you. The site reserves the right to confirm and validate the information and other details provided by you at any point of time. If we have reasonable grounds to suspect that your details are found not to be true, not current or incomplete (wholly or partly), it has the right in its sole discretion to reject the registration, debar, terminate, suspend or block you from using the services of the site without prior intimation whatsoever.
e. THAT you will use the services provided by the site for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the site.
10. The site does not charge or collect any fee for registration or browsing on the site. The Company do reserve the right to change its fee structure from time to time. In particular, the company may at its sole discretion introduce new services and modify some or all of the existing services offered on the site. In such an event the Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the site and such changes shall automatically become effective immediately after they are posted on the site.
PRODUCT DESCRIPTION ON THE SITE:
11. As a registered seller, you are allowed to list item(s) for sale on the site in accordance with the Terms and Conditions which are incorporated by way of reference in this User Agreement. You must be legally able to sell the item(s) you list for sale on our site. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the site. All listed items must be kept in stock for successful fulfilment of sales. Seller shall be required to provide relevant Harmonised System Nomenclature (HSN) code for each and every product they wish to sell on the site. Failure to provide HSN could lead to delisting of your product.
12. Once the seller uploads the product description, the products will be displayed directly on the site. We reserve the right, but have no obligation, to monitor the materials posted on the site by the sellers.
13. The site shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this User Agreement.
14. You agree that you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
15. Any unauthorized use shall automatically terminate the permission or license granted by the site.
16. Please be advised that such content posted does not necessarily reflect the site’s views. In no event shall the site assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the site.
17. The site reserves the right to select the products to be displayed on its site. Any information sourced about the product will be from publically available resources. Only a brief product description will be provided on the site. The site will not be held responsible if any loss or damage occurs due to the usage of the product.
18. Any material the Seller may submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, publish, translate, and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived.
SERVICES FOR SELLERS:
19. The site shall provide the necessary backend infrastructure like shipment facilities, order management system etc., for facilitating the order placed with the Sellers. Orders placed by Buyer will be forwarded to the Seller for packaging and dispatch of product to the Buyers.
20. The site will separately inform the Seller regarding the modalities involved to access the orders of Buyers, by way of direct access through a ‘Seller Panel’ and packaging guidelines shall be shared through email. Seller will update the dispatch details on the Seller Panel or any other mode as may be notified by us from time to time.
21. On receipt of the order, Seller will make the products ready for dispatch along with corresponding invoices in favour of buyer within 1 (one) working day. In case of delay, the site will be immediately informed by Seller, along with the expected time of dispatch, so that the Buyer may be appropriately informed. In case Seller fails to make the product ready for dispatch to Buyer within the period as stipulated above, the site will be nonetheless be entitled to the marketing fee on the product as agreed between Seller and the site. However, Seller agrees to pack and dispatch the product strictly as per the mandate and/or any guidelines given by the Company from time to time.
22. Seller also undertakes that it shall not promote its products, services, offers, packages, etc. to the Buyer directly, indirectly and /or through email, SMS or any other electronic or physical mode.
23. All prices on the site are given in Indian National Rupees. We aim to ensure that prices of all products are correct and up-to-date. However prices for certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the site by the Seller. In each such case, notwithstanding anything to the contrary, the site and the seller both reserve the right to cancel the order without any further liability. Prices are subject to change without advance notice.
OUT OF STOCK SITUATIONS:
24. Our endeavor is to ensure that all products listed on the site are available in stock for dispatch to the buyer. However in case this is not available for any reason, we will contact you within 2 working days and give you the option to change or cancel the order based on your convenience.
25. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend us for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to us and that in the event of an unauthorized use, you shall be entitled to an injunction in addition to any other remedies available at law or in equity.
26. In the event payments are collected by the site on behalf of the Seller, in the mode/s as conveyed to the Buyers, the same will be collected while acting as a facilitator of the Seller with the sole intent of facilitating the transactions of the Seller.
27. The Seller acknowledges and agrees that it will pay the marketing fees, courier fees, payment collection fees, commission charges (inclusive of all statutory taxes, as maybe leviable), etc. to the Company as may be decided through email communication for the orders received through the site.
28. Seller shall quote best, lowest and competitive prices (inclusive of all applicable taxes) of the products to be displayed on the site. Seller will be responsible for payment of all applicable taxes including Sales Tax/VAT, Central Goods and Service Tax (CGST)/State Goods and Service Tax (SGST)/Union Territory Goods and Service Tax (UTGST)/Integrated Goods and Service Tax (IGST) or any other statutory taxes.
a. The Company shall not be responsible in any manner if the Seller doesn't charge Goods and Service Tax (GST) or charges a lower GST on any product. It shall be the responsiblity of the Seller to know the GST rates on their products.
b. The Company shall be required to collect Tax Collection at Source (TCS) as per the provisions of the GST Act on the net value of taxable supplies made by the Seller and the Company shall remit the same to the appropriate body of the Government.
29. The payment cycle shall be of 15 days. For the orders delivered between 1st and 15th of a month, payment shall be done before the last day of that particular month. And the orders delivered between 16th and 31st of a month, payment shall be done before 16th of the next month.
30. The site shall make the payment by way of account payee cheque/RTGS/NEFT after deducting our charges such as marketing fees, courier fees, payment collection fees, commission charges etc. as decided between the Seller and the site in email.
31. The site further reserves the right to run promotions offering several benefits/ discounts to the Buyer on the site.
32. Unless specifically stated on the code or coupon, a promotional code or coupon shall:
33. When using promotional codes and coupons for a purchase on the site, the payment mode “Cash on Delivery” shall not be available for making payments towards the order.
LOGISTICS AND BUYER RIGHTS:
34. The ownership in the products will be transferred to the Buyer after successful delivery at the destination provided by Buyer, until which the ownership in the product shall be with Seller only. As a marketplace, the site will extend its services to Sellers by giving mandates to logistic partner for facilitating the smooth functioning of the transaction between the Seller and the Buyer. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of Seller. However, any damage to the product in transit due to mishandling by the logistic partner, we will facilitate the recovery from logistic partner. The final authority regarding this shall vest with the Company only.
35. All orders placed on the site are covered under Buyer Protection; thereby Seller agrees to fulfil the commitments made. It protects Buyer against inadequate or non-performance by Seller.
36. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of Buyer complaints will rest solely with the Seller at all times.
37. The Shipping Policy of the site can be accessed here Shipping and Refund Policy
INTELLECTUAL PROPERTY RIGHTS:
38. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all Intellectual Property Rights, and the site, including, without limitation, any and all rights, title and interest in and to copyright, related rights, utility models, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the site belonging without obtaining authorization.
39. Notwithstanding the foregoing, it is expressly clarified that the Seller will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that we upload on your behalf or you upload, transmit or store when using the site.
41. Except as agreed to by the Parties, the data of Buyers will be the exclusive property of the site, and Seller will not use for its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at all times. Confidential information would include but not be limited to Buyer details, market information, all work products and documents related thereto, the contents of the site or any other information which is treated as confidential by us, and any other information received or to be received by Seller which is agreed to be treated under the same terms. The Seller also undertakes to fully indemnify us against the breach of this clause.
REPRESENTAION AND WARRANTIES:
42. This site is provided on an “as is” and “as available” basis. The site makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.
43. The site does not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be available all the time.
44. To the full extent permissible by applicable law, the site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
45. The site does not warrant that this site, its servers, or e-mail sent from the site are free of viruses or other harmful components. The site will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
46. Seller shall, at all times and to the complete satisfaction of the site and without demur indemnify and hold the site harmless for any and all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including legal fees) or damages asserted against the site by the Buyer or any third party arising out of Seller’s actions or omissions in connection with the sale of Seller's products and their performance during the period of this arrangement and for the products sold, even after the termination of this arrangement.
47. You agree us to indemnify, defend and hold harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
48. Seller represents and warrants that it is a legal entity engaged in a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run the similar business and doing regular compliances with applicable provisions of laws.
49. Seller hereby declares & confirms that it deals in original, legitimate and genuine quality products which are either self-manufactured and/or procured from the legitimate channel following all legal requirements. Seller further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual rights, it shall be solely responsible.
LICENSE & SITE ACCESS:
50. The site grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the site. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the site. 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 Site or of the Company and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by us.
51. Governing Law:
The agreement and any contractual obligation shall be governed by and construed in accordance with the laws of India, subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat.
52. Dispute Resolution:
Between Buyer & Seller:
a. Whenever there is a disagreement, the Buyer/Seller can write to email@example.com in order to raise a dispute. Dispute can be raised only till 2 days from the date of delivery.
b. The buyer is required to send the photographs relevant with the dispute.
c. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.
d. If the dispute is resolved in favour of the Buyer, refund will be provided. If the dispute is settled in favour of the Seller, Buyer is not entitled to anything.
e. Decision of the Company shall be final and binding on both the parties.
Between Site and the Seller:
a. If any dispute arises between the Site and the Seller during the subsistence or in connection with this agreement, the dispute shall be tried to resolve amicably. If any settlement fails, the dispute will be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, referred to an independent arbitrator to be appointed by us. Such arbitrator’s decision shall be final and binding on the parties. The seat of Arbitration shall be Ahmedabad, India. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
LIMITATION OF LIABILITY:
53. The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
54. It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
55. This User Agreement is effective unless and until terminated, either by you or by the Company. A Buyer may terminate this User Agreement at any time, provided that the Buyer discontinues any further use of the site. A seller is required to serve a notice 30 days in advance before he wish to stop selling on the site. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site. Any such termination of the User Agreement shall not affect any liability that may have arisen under the User Agreement prior to the date of termination.
56. Both parties agree for followings:
This Agreement and the rights granted under it may not be assigned or transferred by either Party without the written consent of the other Party.
All notices, requests and demands, and other communications required or permitted under this Agreement shall be in writing and either delivered personally or sent to the registered address of the Party through recognized courier service or email.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions
Should you have any questions or require clarifications regarding the User Agreement, you may reach us at firstname.lastname@example.org.