Terms & Conditions
TERMS & CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The website www.SaleStruck.com is owned and operated by Cybas Commercial Private Limited (Hereinafter referred to as “Cybas" or “Company") with official address at D35, Industrial Estate , NH-5 in Vishakhapatnam- 530007, Andhra Pradesh, India. The term “we", “us", “our" shall mean Cybas Commercial Private Limited.
The present agreement governs the relationship between Cybas and the user (hereinafter “you" or “they"). The scope of the present agreement shall apply to this website, mobile application developed by www.SaleStruck.comfor its services, services of the affiliate entities of Cybas Commercial Private Limited including joint ventures, subsidiaries, parent and sister companies and any other related corporate entity.
The present agreement is reflection of entire understanding of our relationship with you. It shall supersede any previous or other such understanding. The standard language of the agreement is English and in case of a conflict between human readable form and machine-readable form, the human readable form shall prevail.
This User Agreement for the website shall come into effect on 0000 hours Indian Standard Time 26th December, 2013.
IF YOU ARE A MINOR AS PER YOUR LOCAL LEGAL SYSTEM, BY USING OUR SERVICES, YOU WARRANT THAT PERMISSION FROM YOUR LEGAL GUARDIAN HAS BEEN OBTAINED. IF YOU DISAGREE WITH THE FOLLOWING TERMS AND CONDITIONS PLEASE STOP ACCESSING THE WEBSITE.
For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require 'You' or 'User' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website by using their computer systems. The terms "You", "Your", "User", or "Users" refer to anyone accessing our Products and Services or the Website for any reason.
SaleStruck.com provides a venue to introduce Users who wish to list/sell products and services ("Sellers") and Users who seek buy such products and services ("Buyers")(respectively or jointly as the "Parties" and individually as a "Party"). The Website enables Users to identify unique products and services work together online to list, bid and pay for products.
By visiting our site and/ or purchasing something from us, you engage in our “Service" and agree to be bound by the following terms and conditions (“Terms of Service", “Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You are solely responsible for your conduct and your content on the website and compliance with these terms. By registering with us or using or browsing this website, you acknowledge that you have read, understood, and agree to be bound by these terms.
BY USING OUR SERVICES, YOU ACCEPT THAT IT IS COMPLETELY LEGAL TO USE OUR SERVICES IN YOUR REGION OR COUNTRY.
We take no responsibility for the services or products that are sold or supplied by third party sellers. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a seller and/for services that may involve potential bodily harm the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.
The services offered by www.SaleStruck.com including any concepts, ideas, artwork, animations, sounds, methods of function, coding related to computer, moral and legal rights, documented archives, musical work, audio effects, profiles, accounts of users, any non user published content except third party advertisements and any other data related to www.SaleStruck.com published by us are copyrighted works exclusively owned by us. Any product claiming warranty, brand, logo, creative, trademark, copyright are exclusively owned by 3rd party vendors who reserve their rights on them and if there occurs any violation of their rights than we shall not be responsible for any damages or losses suffered from such violation.
We reserve complete rights, without limitation, all moral and intellectual property rights and related proprietary rights, in connection with the service.
We reserve the right to change, modify, alter, amend or delete any content on our website without prior consent or information and with a just in time notice in situations we seem appropriate to.
NO ONE shall have the right, without our express consent, to change, alter, modify, reproduce, amend, download, distribute, transmit, transfer and copy all or any part of the above mentioned materials.
NOTHING in this clause shall be deemed to give rise to any liability on us due to user posted content on our website or through our services. We reserve the right to terminate or suspend any account subject to the Section 9 of these terms of service.
3. MEMBERSHIP ELIGIBILITY
For any reason whatsoever unless otherwise specified, the materials on this Website are directed solely at those who access this Website from India. We make no representation that any products or services that are available on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using our services you agree to be bound by these terms and conditions.
4. REGISTRATION AND ACCOUNT
By using the Website, You shall be responsible for maintaining the confidentiality of your Username and Password. You shall be responsible for all activities that occur under your Username and responsible for restricting access to your computer to prevent unauthorised access to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us. If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, please inform us immediately and we will reset your account. We advise our users to not use the same password that they use for their email account.
You should provide true, accurate, current and complete information about yourself as prompted. You must promptly update and maintain the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or SaleStuck has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, SaleStruck has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
5. SELLER REGISTRATION
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
6. GUEST USER
If you are transacting as a Guest User, you shall not be allowed to buy product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you. After you 'Checkout' using 'Guest Checkout', we will automatically create a new account for you using you registered email address and send you an email with the account details.
Guest User, you shall ensure that they have a valid Email Address and valid delivery address and in possession of your cell phone. After you checkout using your guest account, we will automatically open a new account for you and send you an email with your Username and Password. You can now access your order summary and modify your account details on SaleStruck.
When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with you by email or by such other mode of communication, electronic or otherwise. Promotional communications shall be made by promotional emails or SMS or Calls for making confirmations.
8. PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website is a platform that Users utilize to meet and interact with one another for their transactions. SaleStruck is not and cannot be a party to or control in any manner any transaction between the website' users.
(i) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, 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. SaleStruck does not have control or does not determine or advice in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
(ii) SaleStruck does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the items or services proposed to be sold or offered to be sold or purchased on the Website. SaleStruck does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. SaleStruck accepts no liability for any errors or omissions, whether on behalf of itself or third parties
(iii) SaleStruck is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. SaleStruck cannot and does not guarantee that the concerned Buyers and Sellers will perform any transaction concluded on the Website. SaleStruck shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
(iv) SaleStruck does not make any representation or warranty as to the item-specifics (such as creditworthiness, identity, legal title, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
(v) SaleStruck does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
(vi) At no time shall SaleStruck hold any right, title or interest over the items nor shall SaleStruck have any obligations or liabilities in respect of such contract. SaleStruck is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, unavailable or back ordered.
(vii) The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell items or services. SaleStruck is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall SaleStruck hold any any right, title or interest over the items nor shall SaleStruck have any obligations or liabilities in respect of such contract. SaleStruck is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, unavailable or back ordered.
(viii) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
(ix) You release and indemnify SaleStruck and/or any of its officers and representatives from any cost, damage, liability or other consequence which could either be incidental or subsequent or consequential or direct and/or indirect damages of any of the actions of the Users of the Website and categorically waive any claims that you may have pursuant to this under any applicable law. Notwithstanding its reasonable efforts in that behalf, SaleStruck cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Be cautious and practice safe trading when using the Website. There could be risks in dealing with underage persons or people acting under false identity.
Membership on the Website is free for buyers. SaleStruck does not charge any fee for browsing and buying on the Website. SaleStruck reserves the right to change its Fee Policy from time to time. In particular, SaleStruck may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event SaleStruck 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 Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupee. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to SaleStruck.
10. DIRECTORY LISTING
If any user uses any of the mediums i.e. (SMS, WAP, E-Mail, Website, APP, Voice or Phone) through which SaleStruck provides information directory services for the purpose of posting Reviews, Ratings and Comments for any of the services offered by SaleStruck or for any of the Advertisers listed at SaleStruck are subjected to additional terms and conditions as mentioned herein.
You assure SaleStruck that you have exclusive power to grant these rights to SaleStruck. SaleStruck reserves all the rights including intellectual rights and “moral rights" in your communication posted at SaleStruck through any of the mediums used by SaleStruck and is free to use all your communications as per its requirements from time to time depending upon the need. You further assure SaleStruck that you have the right to post any review, rate or comment or you control such contents posted, rated or commented, that the content is accurate, that the use of such content doesn't violate any of the terms as mentioned and shall also not cause any injury to any person or entity. SaleStruck also have the right either to mask or unmask your identity in respect of your Reviews, Ratings or Comments posted by you.
Further SaleStruck is not under an obligation to monitor all the communications made on and through any of the mediums used by SaleStruck or edit, or remove any content posted by you as Review, Rating or Comment but has the right to do so.
11. MOBILE RECHARGE
We are a Reseller Only. SaleStruck does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the 'Telco' or 'Telcos') or other distributors or aggregators of such Telcos. SaleStruck is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Recharge sold by us to You is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco
By accepting the terms and conditions the customer accepts that SaleStruck may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the customer may not get / get after delay any alerts sent during such period.
We shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold SaleStruck liable for non-availability of the service in any manner whatsoever.
Our customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. SaleStruck shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
12. USE OF THE WEBSITE
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
You agree and understand that SaleStruck and the Website merely provides hosting services to its Registered Sellers and persons browsing / visiting the Website. All products listed and / or advertised on the Website and the contents therein are advertised and / or listed by Registered Sellers. Hence, all the content on the Website is third party generated content and SaleStruck neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor modifies the information contained in the transmission. SaleStruck has no control over the third party generated content. SaleStruck is merely an intermediary and does not interfere in the transaction between Buyers and Sellers. SaleStruck shall not at any time be held liable neither for any of the listings made by the sellers nor for any violations of copyrights, trademarks and other intellectual property rights made on behalf of the sellers or any third party.
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening;
(c) is misleading in any way;
(d) 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;
(e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(g) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(h) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person (with a minor or an adult).
(m) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(p) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
(r) harm minors in any way;
(s) infringes any patent, trademark, copyright or other proprietary 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 items;
(t) violates any law for the time being in force;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonate another person;
(x) 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;
(y) in any manner interrupts the services provided by the website to other users
(z) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt 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.
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(ii) You shall not use any “deep-link", “page-scrape", “robot", “spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
(iii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining" or any other illegitimate means.
(iv) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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, as provided for by the Website.
(v) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms SaleStruck, or otherwise engage in any conduct or action that might tarnish the image or reputation, of SaleStruck or sellers on platform or otherwise tarnish or dilute any SaleStruck's trade or service marks, trade name and/or goodwill associated with such trade or service marks, 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 Website or SaleStruck's systems or networks, or any systems or networks connected to SaleStruck.
(vi) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
(vii) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
(x) 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 in any manner.
(xii) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
(xiii) It is possible that other Users (including unauthorized users or “hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website 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 Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
13. DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is" and “as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SaleStruck do not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
SaleStruck will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.
SaleStruck do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS or emails. In order to make promotions, only promotional Emails and SMS and phone calls will be made which shall not include any of your personal details.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. SaleStruck reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
(a) Lack of authorization for any transaction/s, or
(b) Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
(c) Any payment issues arising out of the transaction, or
(d) Decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in INR which is acceptable in INDIA. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
(i) Commercial terms such as Delivery, Dispatch of products or services, transaction or transaction price used for the purpose of purchase or sell have the meaning as per the principal to principal contractual relationship between the buyer and the seller.
(ii) The use of the payment facility is merely for the purpose of completion of the transaction and such use of payment facility shall not render SaleStruck liable if in case there is non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sale service or warranty services or fraud with regard to products or services listed on SaleStruck Website.
(iv) You understand, accept and agree that the payment facility provided by SaleStruck is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the SaleStruck Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, SaleStruck is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
(v)SaleStruck reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with SaleStruck or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
(vi) SaleStruck may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if SaleStruck deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, SaleStruck may hold Transaction Price and SaleStruck may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
(vii) The Buyer and Seller acknowledge that SaleStruck will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of SaleStruck.
(viii) The user acknowledges that the commission he earns by selling the product through an affiliation program will be paid only after 30 days from the transaction date. The payment will be made through cheque only.
(ix)The user acknowledges that if the buyer cancels their order then the user will not be paid the commission and SaleStruck will not be liable to make any payment to the user.
(x) The user also has an option of making payments in the form of COD i.e Cash on delivery but in such a situation cash has to be paid first on COD. Open deliveries are not allowed.
16. PAYMENT FACILITY FOR BUYERS
- You as a buyer upon initiating the transaction agree with the seller to purchase any product or service for which you shall also pay the price through the payment gateway from your issuing bank to the seller and such transaction shall be considered as a legally binding and enforceable contract.
- For the communication relating to extension or increase in the dispatch or delivery time of the transaction, electronic means or electronic records or the automated feature provided by payment facility shall be used and accordingly such transaction shall stand amended. Further such extension or variation in transaction shall be in compliance with the Payment facility Rules and Policies.
- You shall also notify electronically about the payment facility upon delivery or non delivery of the product or services to the SaleStruck using appropriate procedure within the time as stipulated in the policy. Upon non notification of the Delivery or Non Delivery within the time as stipulated in the policy, transaction shall be shall be deemed to be completed.
- The buyer shall be entitled to claim refund of the price for the transaction in case there is non delivery of the product or service within the time as agreed or within the time period as provided in the policy whichever is earlier and if in case the refund is not claimed according to the time as stipulated, than such delay shall make the buyer ineligible from claiming such refunds. Further if there is any cancellation of order by the customer, Re-Stocking fee shall be charged in lieu of it.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
- Refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
- Refund shall be made in INR only and shall be equivalent to the Transaction Price received in INR.
- For electronics payments, refund shall be made through payment facility using NEFT (National Electronic Funds Transfer) or RTGS (Real Time Gross Settlement) methodology or any other online banking / electronic funds transfer system.
- In case of any misuse by the buyer, the refund, which shall be conditional, be with recourse made available to to SaleStruck.
- Refund shall be subject to Buyer complying with Policies.
- Refund amount shall be reimbursed through coupons or SaleStruck digital wallet available on the website.
- Refund for prepaid payment methods such as Debit/Credit card, bank transfer, net banking, etc, will be processed within 15 to 20 days.
- All information related to the buyer's Credit/ Debit card, bank or net banking are stored with the Payment Gateway Provider not with the SaleStruck and if in case there is any misuse of such information than SaleStruck shall not be responsible for any losses or damages suffered by such misuse.
17. PAYMENT FACILITY FOR SELLERS
- You, as a Seller, shall be required to Dispatch the products and/or services for every Transaction to the Buyer within the time period as provided in Policies to ensure that the products and/or services are delivered in a timely manner. The website shall cancel the order if the product is not shipped within 4 days from the date of order. The order can also be transferred to another seller on the website selling the product provided the buyer gives his consent to do so.
- Seller shall provide Dispatch Details to SaleStruck in such manner and within such time period as provided in Policies failing which the Transaction shall stand cancelled.
- Seller shall Dispatch the products and/or services only using an approved delivery channel which provides appropriate 'Proof of Dispatch' & 'Proof of Delivery' documentation. Such Proof of Dispatch and Proof of Delivery (PODs) documentation relating to the Delivery should be maintained by Seller for a period of twelve (12) months from the date of the Dispatch. The PODs should be furnished to SaleStruck on demand within the timeframe as notified from time to time.
- Seller agrees that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.
- Seller's failure to provide Dispatch Details or providing Dispatch Details not complying with Policies shall result in consequences as more specifically stated in the Policies and which may lead to suspension and/or termination of user.
- Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller's Bank Account contingent upon the following events:
Buyer confirming the Delivery of products and/or services in the Transaction, or Buyer not taking any action on Payment Facility to confirm Delivery within such time period as provided in Policies despite confirmation of Dispatch of products and /or services by Seller to the Buyer.
Seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by SaleStruck" and failing to do so Seller shall be liable for chargebacks (as applicable).
In case of any chargebacks levied by the Bank, SaleStruck shall have rights to deduct such chargebacks from Seller remittances, present and future, and Sellers only remedy will be to discuss and resolve the same with Bank. Seller hereby agrees to extend its full co-operation in resolving the charge back disputes raised by the Buyers through bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank.
In case the chargeback is ruled against the Seller, SaleStruck shall be entitled and authorized to recover the same from the Seller to its fullest extent and Banks decision shall be final and binding in this
18. BUYER'S ARRANGEMENT WITH ISSUING BANK
All electronic/online bank transfers from bone fide bank accounts are managed using the opportunity made available by the appropriate issuing bank which reinforce payment prerequisite to provide the services to the users. All such real time or electronic/online bank transfers on payment provision are also administered by the terms and conditions agreed to between the buyer and the respective issuing bank.
All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing
19. 7 DAY REPLACEMENT GUARANTEE
The buyers who have been swindled or cheated by qualified sellers on the website shall have honour to the right of 7 Day Replacement Guarantee In case any defect is found in the product(s) during the time of delivery and/or within 7 days from the date on which delivery of the product(s) was made, then the buyer of the product can urge for replacement of the product(s) from the seller subject to the following terms and conditions:
Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within 7 days from the date of delivery and the same product/s will be replaced in return of the defective product/s. Notification of defects in the product(s) shall be notified within the first 72 hours at the time of delivery of product(s). Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.
Following products shall not be eligible for return or replacement:Damages due to misuse of product; Incidental damage due to malfunctioning of product; Any pre owned or installed consumable product/commodity.; Products with tampered or missing serial/UPC numbers; Any damage/defect which are not covered under the manufacturer's warranty Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
On Clothing and Footwear, qualified sellers accept 7 day exchange subject to the following conditions:
Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
The original tags and packaging shall be pristine and faultless. The box used for packing branded products should be in good condition and should not be impaired in any manner.
Innerwear, lingerie, socks and clothing freebies are not covered under the return policy.
Damaged or defective clothing and footwear products are meanwhile covered by the 7 Day Replacement Guarantee.
SaleStruck reserves the right to initiate civil and/or criminal proceedings if it has suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine. Members may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
In addition to the legal proceedings as aforesaid, SaleStruck may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law. Thus, SaleStruck reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading.
20. USER POSTED OR PUBLISHED CONTENT
1. The user shall agree to provide us-
(a) True, accurate and authentic information during the time of registration which may include but is not limited to first name, last name, sex, age, marital status, address with pin code, country.
(b) Honest opinion about the working and quality of services of the website when asked for through surveys or drives.
2. The user shall use the services of the website in highly ethical manner without resorting to abusive or offensive content.
3. The user shall not post anything on our website which may be and can be taken as harmful to the interests of associated companies or us.
4. The users shall have the liberty to post comments in forums, provide suggestions or proposals to us through email@example.com. However, in no event, we are required to
(a) Maintain any confidentiality of your submission, comment, proposal or information.
(b) Respond or accept your suggestions, comment, proposal, information or submission in any way.
We may employ your suggestions, submissions, information, comment or proposals without any prior notice, compensation or credit to you.
5. The user shall be solely responsible for any liability that arises due to the content posted by him through our services. You shall bear all responsibility for any defamatory, libelous, offensive, objectionable and abusive content you post.
The user hereby agrees to indemnify us or any sister companies, its associates, partners, affiliates for any liability that it may have to incur due to the user posted content.
6. We reserve the right to repost, store, distribute, transfer and transmit any user posted content without any prior consent of the user.
21. USER DISPUTES
The users shall be solely responsible for their actions and interactions on the website or while using the services of our website. In no event, we shall be held liable or be required to compensate or involve in the resolution of any kind of dispute between two members.
We reserve the rights to terminate the account of users, who have, due to their public display of dispute, have tarnished the image and popularity of our website or may do so in future.
22. OUR DUTIES
We guarantee you that all the services will be provided to you with highest standard of professional ethics at all time in good faith. We assure you to provide -
- Permission to create, have and operate an account through our website or any of the websites mentioned.
- Permission to interact, vote, post comments, publish any non-commercial information and enjoy our services with other users.
We assure you we will try everything in our capacity to provide you high quality services all the time and will employ best of our resources to give you an all time running service and to protect your privacy and safety of your data.
Provided nothing in this section shall be deemed to give rise to any liability on the part of us.
23. SUSPENSION AND TERMINATON OF ACCOUNTS
We reserve the right to suspend, temporarily restricts, limit, alter or modify user accounts or services under following conditions-
- When our representatives or we sincerely believe that or suspect that when your activities directly threaten or harm the commercial or any related interest of associated companies or us.
- When our representatives or we sincerely believe that or suspect that your activities on our website may give rise to legal disputes or liabilities for any associated or sister companies or us.
- When your activities in past have created or invited legal liabilities for any associated or sister companies or us.
- When our representatives or we sincerely believe that or suspect that your activities on our website have infringed the intellectual property of third parties without their consent.
- In suitable situations, when we have proof that you have indulged in repeat infringement of intellectual property of third parties.
- When our representatives or we sincerely believe that or suspect that your activities that include a dispute with another user have tarnished or might tarnish the images and goodwill of the website.
TERMINATION OF ACCOUNT INCLUDES DENIAL OF ACCESS TO YOUR ACCOUNT, REMOVAL OF ANY CONTENT YOU HAVE POSTED OR OTHERS HAVE POSTED FOR YOU, DELETION OF YOUR ACCOUNT.
WE SHALL NOT BE HELD LIABLE FOR OR SHALL BE BOUND TO PAY ANY AMOUNT OF COMPENSATION, BENEFIT- MONETARY OR NON-MONETARY, REFUND ETC. FOR ANY ACTION TAKEN UNDER THIS SECTION.
Nothing in this section shall limit our options before law or other legal remedies.
The user also reserves the right to terminate or delete his account without any prior notice to us by following the procedures given on our website. You shall not be refunded for any virtual currency you might still have in your account when you terminate your account.
Users agree to indemnify and hold us, our employees, our officers, and our agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from member's use of this website or from member's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and member's use of this website.
25. LINKS TO THIRD PARTY WEBSITES
This website contains hyperlinks to other websites operated by parties other than us, and other resources and advertisers. Such hyperlinks are provided for your reference only. We are not responsible for the availability of these external sites nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. Any inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or Webmaster.
26. PERSONAL USE
The User expressly agrees to use the Service strictly for personal purpose. The User shall not recompile, disassemble copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from this web site. The User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Service, with or without consideration. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
27. SECURITY AND REPORTING
You agree that you are responsible for keeping your screen name and password for your account secret. We advise that you change your password regularly and use a password that is not easy for others to guess.. You acknowledge that we are not responsible for third party access to your account that results from sharing by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Site or terminate your account if we suspect an unauthorized person is attempting to access it.
28. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THIS POSSIBILITY. USER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SUBSCRIPTION SERVICES, SOFTWARE AND DOCUMENTATION NECESSARY TO ACHIEVE USER'S INTENDED RESULTS, AND FOR THE USE AND RESULTS OF THE SUBSCRIPTION SERVICES OR WORK PRODUCT. EACH PARTY'S TOTAL LIABILITY FOR ANY DIRECT LOSS, COST, CLAIM OR DAMAGES OF ANY KIND RELATED TO THE RELEVANT ORDER FORM SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID OR PAYABLE BY USER TO US UNDER SUCH RELEVANT ORDER FORM DURING THE 24 MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LOSS, COST, CLAIM OR DAMAGES.
29. DISCLAIMER OF WARRANTIES
You acknowledge that the services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind whatsoever. We our employees, affiliates and service providers make no warranty as to our Website and the entire risk is with you. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. WE MAKE NO WARRANTY OR GUARANTEE THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE. WE ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.
30. ELECTRONIC AGREEMENT; NOTICE
You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the Sites or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and using our website, and/or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
31. FORCE MAJURE
We maintain that we shall not be held liable for any failure or departure from any duties which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.
We encourage out of court dispute settlement. By agreeing to this agreement, you expressly agree to approach us for final and binding, non-appearance based arbitration in case of any dispute.
Three (3) arbitrators shall be appointed in order to resolve the dispute. The user shall appoint 1 arbitrator, 2nd arbitrator shall be appointed by the Company and the 3rd arbitrator shall be appointed by mutual consent of both the parties.
Nothing in this clause shall prevent us from approaching a competent court for an interim or immediate relief to secure its commercial and related interests.
34. LEGAL REMEDIES
Nothing in this agreement shall prevent us from approaching a competent court for appropriate relief which may include but is not limited to monetary relief, injunction, and restitution.
Any legal notice shall be sent to firstname.lastname@example.org.
All legal matters involving us are a matter of India, Visakhapatnam jurisdiction. By agreeing to the terms of policy, the user agrees to accept the jurisdiction of the aforementioned court and recognizes the same as competent court.
35. SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. We make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and we are not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
36. COMPLIANCE WITH LAWS
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and SaleStruck.com Website.
Every clause of this agreement is lawful unless adjudicated otherwise by a competent court. We maintain that if any of the clauses or section of these terms of service is adjudicated as unenforceable by a competent court, it shall not affect the enforceability of the rest of the policy. The rest of the content of this agreement shall continue to be in force without any change in understanding.
38. TRADEMARK COMPLAINT
SaleStruck respects the intellectual property of others. In case you feel that Your Trademark has been infringed, you can write to SaleStruck at trademark@SaleStruck.com.
39. COPYRIGHT COMPLAINT
SaleStruck respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to SaleStruck at copyright@SaleStruck.com.
40. PRODUCT DESCRIPTION
SaleStruck we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
41. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below.
Mr. K.V.S.S Nageswarao
Cybas Commercial Private Limited
D 35, Industrial Estate, NH 5,
Visakhapatnam – 530007,
Time – Monday to Saturday (10 am to 6 PM)
42. CONTACT US
Any question or suggestion regarding the terms of service shall be send to email@example.com.
Our official postal address is D 35, Industrial Estate, NH 5, Visakhapatnam 530007, Andhra Pradesh.
We wish you a happy and joyful entertainment with us.