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This document is an electronic record in terms of the Information Technology Act, 2000 and
rules made thereunder 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.
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This document is published in accordance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and user agreement for access or usage of www.seedhekhetse.com
website.
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Your use of Seedhe khetse website {including www.seedhekhetse.com including mobile application
(hereinafter collectively referred to as the “Website") and its related sites, services and tools is
governed by the terms and conditions as contained in this Agreement applicable to the Website.
This User Agreement for the Website shall come into effect on 00:00 hours, Indian Standard
Time 9 FEB, 2018 ("User Agreement"). www.seedhekhetse.com is an internet based portal operated by
Private Limited; a company incorporated under companies Act, 2013 having its registered office
at Seedhe khetse, Uttar Pradesh, India,
246701. For the purpose of this User Agreement, Registered User / Guest User and wherever
the context so require '"You", "Your" shall mean any natural or legal person who is accessing
the Website, its contents and using the services offered on or through the Website and has
agreed to become a member of the Website by providing Registration Data (as defined
hereinafter) while registering on the Website as a Registered User / Guest User using the
computer systems of the Website and accepted this electronic version / electronic record of the
User Agreement and has allocated himself/herself a unique identification user name ("User ID"
and "Password") to become a Registered User or has been identified as Guest User by
providing phone number and email id.
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The use of the Website is offered to you conditioned on Your ‘Acceptance’ of all the terms,
conditions and notices contained in this User Agreement. Upon "Acceptance", this User
Agreement shall be effective and binding upon you along with any amendments made by
Seedhe khetse at its sole discretion and posted on the Website and you shall not claim invalidity of
this User Agreement merely on the grounds that this User Agreement is being concluded
electronically. For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action in
clicking on 'check box' and on the 'continue button' as provided on the registration page or
clicking on 'Buy Now' button while transacting as Guest User or any act which reflects Your use
of the Website or the services provided by the Website or any such other actions that imply
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Your acceptance You hereby further agree that this User Agreement is being concluded and
executed. Your use of the Website implies that you agree with the terms of the User Agreement.
If you do not agree or are not willing to be bound by the terms and conditions of this User
Agreement and Rules and Policies as displayed on the Website, please do not click on the
"check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain
access to or otherwise use the Website.
Amendments:
When you use any of the services provided by us through the Website, including but not limited
to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies,
terms, and conditions applicable to such service, and they shall be deemed to be incorporated
into this User Agreement and shall be considered as part and parcel of this User Agreement.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of the
User Agreement, at any time without any prior written notice to you. It is Your responsibility to
review this User Agreement periodically for updates / changes. Your continued use of the
Website following the posting of changes will mean that you accept and agree to the revisions.
As long as you comply with the provisions of this Agreement, we grant you a personal, non-
exclusive, non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by
www.Seedhe khetse.com
Rules and Policies as provided from time to time in the following hyperlinks
- www.Seedhe khetse.com Policies & Rules.
- www.Seedhe khetse.com Privacy Policy.
1.Membership Eligibility
- Use of the Website is available only to persons who can form legally binding contracts under
Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the
Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use
the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a
member of the Website and shall not sell, purchase or bid for any items on the Website except
through Your legal guardian or parents who have registered as users on the Website or can use
the Website as Guest User. www.seedhekhetse.com reserves the right to terminate Your membership
and refuse to provide you with access to the Website if it is brought to our notice or if it is
discovered that you are under the age of 18 years.
- Business entity registration: If you are registering as a business entity, you represent that you
are duly authorized to accept this User Agreement and you have the authority to bind Your
business entity to this User Agreement.
- Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell products
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. As a Guest User,
Buyer will not be eligible for Clues Bucks and all other benefits that are not assignable to a non-
registered user.
2.Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the
confidentiality of Your User ID and Password. If you use the Website as a Guest User you are
responsible for maintaining the confidentiality of Your email ID and phone number and
restricting access to Your computer, computer system and computer network. You are
responsible for all activities that occur under Your User ID and Password (if registered) or email
ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall
ensure the physical security and possession of Your phone, the details of which are used to
transact services with www.seedhekhetse.com . You agree, inter alia, to:
- Provide true, accurate, current and complete information about yourself as prompted by
www.seedhekhetse.com 's registration form or provided by You as a Guest User (such information being
the "Registration Data")
- You must not include any of Your contact details such as email addresses etc. in Your User ID
while registering as a Registered User; and
Maintain and promptly update the Registration Data to keep it true, accurate, current and
complete at all times;
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You must immediately notify us of any unauthorized use of Your password or account or any
other breach of security, and
Ensure that You exit from Your account at the end of each session.
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If You provide any information that is untrue, inaccurate, not current or incomplete or
www.seedhekhetse.com has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, or not in accordance with the User Agreement, www.seedhekhetse.com hasthe 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. www.seedhekhetse.com shall not be
liable for any loss or damage arising from Your failure to comply with this Clause 2.
3.Electronic Execution and communications
When You use the Website or send emails or other data, information or communication to
www.seedhekhetse.com , You agree and understand that You are communicating with www.seedhekhetse.com
through electronic records. You consent to receive communications from us electronically. We
will communicate with You by email or by posting notices on the Website or through any other
services. You agree that all the agreements, notices, disclosures and other communications that
we provide to You electronically shall be deemed to be adequate services of notice/electronic
record and satisfy any legal requirement that such communications be in writing.
4.Fees and Services
- Membership on the Website is free. www.Seedhe khetse.com does not charge any fee for browsing and
buying on the Website. However, before You list an item for sale through the Website, we
request You to review our Fees and Credit Policy, which is hereby incorporated by reference
into this agreement. www.Seedhe khetse.com reserves the right to change its Service Fee and Credit
policies from time to time at its sole discretion including without limitation right to introduce fees
for the new services offered or amend/introduce fees for existing services, as the case may be.
Any modifications to the Fee and Credit policies shall be posted on the Website and such
changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted
in Indian Rupees and be payable to Clues Network Private Limited within such time as specified
in the invoice.4.1. Taxes: You are responsible for paying all fees associated with the use of the
Website and You agree to bear all and any applicable taxes, charges, cesses etc. levied
thereon.
- Non-payment: www.seedhekhetse.com reserves the right to issue a warning, temporarily
/indefinitely suspend or terminate Your membership of the Website and refuse to provide You
with access to all current and future use of the Website in case of non-payment of fees by You
to www.Seedhe khetse.com www.Seedhe khetse.com also reserves the right to take legal action in case of non-
payment of fees.
5.Use of the Website
- You understand and agree that Seedhe khetse and the Website merely provides hosting
services to its Registered Users and persons browsing / visiting the Website. All items
advertised / listed and the contents therein are advertised and listed by Registered Users andare third party user generated contents. www.seedhekhetse.com neither originates nor initiates the
transmission nor selects the sender and receiver of the transmission nor selects nor modifies
the information contained in the transmission. www.seedhekhetse.com has no control over the third
party user generated contents and does not provide any guarantee with respect to any such
contents and www.Seedhe khetse.com shall not be held liable for any loss suffered by You based on
Your reliance on or use of such data/content.
- You agree, undertake and confirm that Your use of the Website shall be strictly governed
by the following binding principles:
- Your Information” is defined as any information You provide to us or other users of the
Website ("Users") in the registration (as Registered User or as Guest User), buying or listing
process, in the feedback area or through any e-mail feature. You are solely responsible for Your
Information and we act only as a passive conduit for Your online distribution and publication of
Your Information.
- Your Information (or any items listed): Please note that in accordance with the Information
Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and
regulations, user agreement and privacy policy, for access or usage of intermediary computer
resources, the Intermediary has the right to immediately terminate the access or usage rights of
the users to the computer resources of Intermediary and remove non-compliant information.
- In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 You agree
and undertake that You shall not host, display, upload, modify, publish, transmit, update or
share any information or share/list(s) any information or item that:
belongs to another person and to which You do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, 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 or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
harm minors in any way;harm minors in any way;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 involves the sale of counterfeit or
stolen items;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or
"spamming";
violates any law for the time being in force;deceives or misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
impersonate another person;
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;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,
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. Without prejudice to the generality of
the above, www.seedhekhetse.com does not permit transactions in the following items including but not
limited to categories as stated in the Prohibited and Restricted Items Policy which can be
accessed at WEBSITE shall not create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and
shall not link directly or indirectly to or include descriptions of items, goods or services that are
prohibited under the User Agreement or any other applicable law for the time being in force
including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies
(Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information
Technology Act 2000 as amended from time to time and rules there under;
are identical to other items You have up for auction but are priced lower than Your item's price,
the reserve price of the item or minimum bid amount; are concurrently listed for sale on a
Website other than the Website;
- www.seedhekhetse.com shall have the right to use Your Information as provided by You and such
usage of Your information by us does not amount to violation of any rights You might have in
Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) You have in Your Information, in any media now known or
not currently known, with respect to Your Information. www.seedhekhetse.com will only use Your
Information in accordance with the User Agreement and www.seedhekhetse.com .com's Privacy Policy.
- You represent and confirm that You shall be the sole and exclusive legal owner of all
items, goods or products of any description that You wish to offer for sale on the Website. You
shall have absolute right, title and authority to deal in and offer for sale such items, goods or
products.
- In the event that any transaction or attempted transaction relating to any item, good or
service which is in violation of this User Agreement or applicable law comes to Your knowledge,
You shall take all steps to inform www.seedhekhetse.com of the same at info@ www.seedhekhetse.com .com.
- You shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules made there under as applicable and as amended
from time to time and also all applicable Domestic Laws, Rules and Regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in Force) and International
Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited
to Sales Tax/ GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of our service and Your bidding on, listing, purchase, solicitation of
offers to purchase, and sale of items or services. You shall not engage in any transaction in an
item or service, which is prohibited by the provisions of any applicable law including Exchange
Control Laws or Regulations for the time being in force. In particular You shall ensure that if any
of Your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the
Antiquities and Art Treasures Act, 1972 ("Artwork"), You shall indicate that such Artwork is "non-
exportable" and sold subject to the provisions of said Act, and shall ensure that it is not
delivered to the Buyer (as defined under the Buying section) at any place outside India.
- You shall not, either alone or in conjunction with other Users, manipulate or attempt to
manipulate the prices of any item or services being sold or purchased on the Website.
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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. 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 is also 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 such unauthorized use, 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.
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You shall not attempt to or circumvent or manipulate our Fee structure, the billing
process or Fees owed to www.seedhekhetse.com as detailed and agreed in MOU signed by
Merchants/Sellers.
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You agree that You or any of your affiliates, Subsidiaries, associate partners to your
knowledge, any of your officers , directors or employees or vendors has not (i) made or offered
to make or receive any direct or indirect payments in violation of any applicable Indian law
including anti- bribery and anti- corruption laws and other laws , including any contribution,
payment, commission, rebate, promotional allowance or gift of funds, property or any other
economic benefit in cash or kind or thing of value to or from any employee, official or agent of
any employee, official or agent of any Governmental Authority where such an activity amounts
to be illegal and in violation of applicable laws. If You have reasonable suspicion of the
existence of such conduct, You shall immediately inform Seedhe khetse of such knowledge and if
requested by Seedhe khetse, provide to Seedhe khetse such information it may reasonably require
regarding such conduct. Seedhe khetse shall also have the right to audit periodically
merchant/sellers, if need be in compliance of the above. Seedhe khetse shall upon knowledge of
such activities have the right to suspend or terminate the services without prior written notice
should it become aware of a breach by the User of the representation and warranty given
hereinabove.
6.Your Account and Registration Obligations
www.seedhekhetse.com 's role is that of an intermediary in the form of an online place is to managing the website to enable seller to exhibit,advertise,
display , make available and offer to sell the products and enable buyer to purchase the products so offered, and other incidental services to faclitate the transaction beetween sellers and the buyers.Accordingly, the contract for sale of any of the products shall be a biparite contract beetween seller and the buyers. At no time shall Seedhe khetse.' Have any obligations or liabilities in respect of such contract nor shall www.seedhekhetse.com hold any title in the products. The title in the products and other rithts and interest in the products shall directly pass to the buyer from the seller.
- www.seedhekhetse.com does not control, endorse or accept responsibility for any product
(including but not limited to product catalogues) proposed to be sold or offered to be sold or
purchased on the website or any linked sites. www.seedhekhetse.com makes no representations or
warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their
products including representations relating to merchantability, fitness of a product or service for
a particular purpose, warranty as to specific products and non-infringement of third party
intellectual property rights. Any transactions that the Buyer may have with such third parties are
at Buyer's own risk. The products shall be subject to Seller's terms and conditions for warranty,
service and maintenance, and www.seedhekhetse.com does not accept any responsibility for the same.
www.seedhekhetse.com also does not accept any responsibility for the usage of the products by the
Buyer.
- www.seedhekhetse.com specifically disclaims any liability with regard to any illegal, infringing, fake,
duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the
Buyer from the Seller and www.seedhekhetse.com shall not assume any liability if the product
purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in
the purchase confirmation of the order.
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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 and after sales
services related to goods and services. www.seedhekhetse.com does not have any control or
determines or advises or in any way involves itself in the offering or acceptance of such
commercial / contractual terms between Buyers and Sellers.
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www.seedhekhetse.com is not responsible for any non-performance or breach of any contract
entered into between Users (includes Registered User or Guest User). www.seedhekhetse.com cannot
and does not guarantee that the concerned Users will perform any transaction concluded on the
Website. www.seedhekhetse.com shall not and is not required to mediate or resolve any dispute or
disagreement between Users.
- www.seedhekhetse.com does not make any representation or warranty as to the attributes (such as
legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independentlyverify the bona fides of any particular User that You choose to deal with on the Website and use
Your best judgment in that behalf.
- www.seedhekhetse.com does not warrant that the sale price provided by the Seller of the product is
accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and
not to www.seedhekhetse.com . Prices, Product description and availability of the Product are Seller's
responsibility.
- www.seedhekhetse.com does not at any point of time during any transaction between the Buyer
and the Seller on the Website come into or takes of any of the goods or services offered by
Seller nor does it at any point gain title to or have any rights or claims over the goods or
services offered by the Seller to the Buyer. may provide fulfillment and logistics services to
certain merchants/Sellers but still does not take possession or title of any product or service
sold.
- Buyer expressly acknowledges that the Seller selling the defective Product will be
responsible to the Buyer for any claims that the Buyer may have in relation to such defective
Product and www.seedhekhetse.com shall not in any manner be held liable for the same.
- The Website is only a venue through which Users can reach a larger base to buy and sell
items or services. www.seedhekhetse.com 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 any right, title or interest over the
items vest with www.seedhekhetse.com nor shall www.seedhekhetse.com have any obligations or liabilities in
respect of such contract. www.seedhekhetse.com is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of items, which are out of stock, back
ordered or otherwise unavailable. All items are offered only for a restricted time and only for the
available supply as offered by the Sellers.
- At no time shall any right, title or interest over the items vest with www.seedhekhetse.com nor shall
www.seedhekhetse.com have any obligations or liabilities in respect of such contract. www.seedhekhetse.com is
not responsible for unsatisfactory or delayed performance of services or damages or delays as
a result of items which are out of stock, back ordered or otherwise unavailable. All items offered
by the Sellers are only for a restricted time and only for the available supply as offered by
Sellers.
- You shall independently agree upon the manner and terms and conditions of delivery,
payment, insurance etc. with the other Users that You transact with.
- You release and indemnify www.seedhekhetse.com and/or any of its shareholders, directors,
officers, employees and representatives from any cost, damage, liability or other consequence
of any of the actions of the Users of the Website and specifically waive any claims that You may
have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that
behalf, www.seedhekhetse.com cannot 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,
inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there may be risks in dealing with foreign nationals, underage persons or
people acting under false pretense.
- Disclaimer: You acknowledge and undertake that You are accessing the services on the
Website and transacting at Your own risk and are using Your best and prudent judgment before
entering into any transactions through the Website. We shall neither be liable nor responsible
for any actions or inactions of Sellers nor any breach of conditions, representations or
warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any
and all responsibility and liability in that regard.
7.Privacy
- We do not sell or rent Your personal information to third parties for their marketing purposes
without Your explicit consent, we only use Your information as described in the Privacy Policy.
We view protection of users' privacy as a very important community principle. We understand
clearly that You and Your Personal Information is one of our most important assets. We store
and process Your Information on computers located in the Pacific at some of the best data
centers in the world that are protected by hysical as well as reasonable technological security
measures and procedures in accordance with the Information Technology Act 2000 and rules
there under. Our current Privacy Policy is available . If You object to Your Information being
transferred or used in this way please do not use the Website.
- We may share personal information with our other corporate entities and affiliates. These
entities and affiliates may market to You as a result of such sharing unless You explicitly opt-
out.
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We may disclose personal information to third parties. This disclosure may be required by us to
provide You with the access to our Services, to comply with our legal obligations, to enforce ourUser Agreement, to facilitate our marketing and advertising activities, or to prevent, detect,
mitigate, and investigate fraudulent or illegal activities related to our Services. We do not
disclose Your personal information to third parties for their marketing and advertising purposes
without Your explicit consent.
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We may disclose personal information if required to do so under the law or in good faith belief
that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other
legal process. We may disclose personal information to law enforcement offices, third party
rights owners, or others in good faith belief that such disclosure is reasonably necessary to:
enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other
content violates the rights of a third party; or protect the rights, property or personal safety of our
users or the general public.
- We and our affiliates will share / sell some or all of Your personal information with another
business entity we (or our assets) plan to merge with, or be acquired by that business entity, or
re-organization, amalgamation, restructuring of the business. Should such a transaction occur
that other business entity (or the new combined entity) will be required to follow this privacy
policy with respect to Your personal information.
- Your Consent: By using the Site and/ or by providing Your Information, You consent to the
collection and use of the information You disclose on the Site by www.seedhekhetse.com in accordance
with www.seedhekhetse.com Privacy Policy. You agree and acknowledge that You have read and fully
understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned
in the Website is acceptable by You.
8.Breach
Without limiting other remedies, www.seedhekhetse.com may limit Your activity, immediately remove
Your information or end Your listing, warn other Users of Your actions, temporarily/indefinitely
suspend or terminate or block Your membership, and/or refuse to provide You with the access
to the Website in the event, but not limited to:
- If You breach the User Agreement or Privacy Policy or the documents, agreements rules,
policies, terms and conditions as incorporated herein by reference;
- If www.seedhekhetse.com is unable to verify or authenticate any information provided by You; orIf it is believed that Your actions may cause legal liability for other Users or www.seedhekhetse.com . We
may at any time at our sole discretion reinstate suspended Users. A User that has been
suspended or blocked may not register or attempt to register with www.seedhekhetse.com or use the
Website in any manner whatsoever until such time that such User is reinstated by
www.seedhekhetse.com . Notwithstanding the foregoing, if You breach the User Agreement or any other
documents it incorporates by reference, www.seedhekhetse.com reserves the right to recover any
amounts due and owing by You to www.seedhekhetse.com and to take strict legal action including but
not limited to a referral to the appropriate police or other authorities for initiating criminal or other
proceedings against You.
9.Buying
- All purchases on the Website are a firm commitment to purchase. If You are the purchaser for
any item, You are obligated to complete the transaction with the Seller.
- By purchasing on an item You agree to be bound by the conditions of sale included in the item's
description (or linked to from the description) so long as those conditions of sale are not in
violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the
Website may or may not specify the retail prices of the items being sold. You are advised to
independently verify the retail prices of such items if You so desire.
- www.seedhekhetse.com strongly advises You not to test the Website with false purchases, as it will put
You at substantial personal legal risk. It is an offence to use a false name, other false personal
information or a known invalid/ unauthorized credit/ debit/ cash card and such other
infrastructure directly through Bank or financial institution infrastructure or indirectly through
Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by
www.seedhekhetse.com .
- Please note that in the event any inaccurate information is provided by You regarding Your
identity, Your Web browser transmits a unique address to us, which can be used by law
enforcement officials to identify You. If You are a registered Buyer on the Website we
encourage You to post feedback for the Seller after the transaction is closed.
- In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is
illegal to export the same, You agree that the Artwork shall not be exported out of India orotherwise dealt in any such manner which shall be in contravention of any law for the time being
in force or any rules, regulations, notifications and orders passed there under.
10.Fulfillments and Shipping
www.seedhekhetse.com from time to time may offer certain fulfillment services to Sellers, however,
Sellers remain responsible for the overall shipping quality, delivery, and cost of shipping.
www.seedhekhetse.com may provide pick-up and delivery services to Sellers but all of these services
are provided as contract or outsourced services on behalf of the merchants. At no time,
www.seedhekhetse.com takes title or ownership of any product or inventory.
11.Buyer Protection at www.seedhekhetse.com
- www.seedhekhetse.com does not permit the merchants to sell duplicate, spurious, knock-offs or grey
channel items. Merchant guarantees to sell only genuine products to customers through
www.seedhekhetse.com . All Merchants listing their products on www.seedhekhetse.com are required to enter
into an agreement to list and sell only genuine products. We also encourage the merchants to
extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You,
all this at a great price and with the best customer services in the industry. It is however clarified
that the www.seedhekhetse.com seeks to ensure the aforesaid only on a best endeavor basis and does
not assure or provide any personal warranties or assumes and liability or responsibility
pertaining to the genuinity and authenticity of the products and/or the Seller, for which the Seller
shall be solely responsible and liable.
- If www.seedhekhetse.com has suspicion or knowledge, that any of its members are involved in any
activity that is intended to provide claims or information that is false, misleading or not genuine,
then www.seedhekhetse.com may while reserving its rights to initiate civil and/or criminal proceedings
against member may also at its sole discretion suspend, block, restrict, cancel the user id of
Registered User and such necessary action against the Guest User of such member and/or
disqualify that member and any related members from availing protection through this program.
- www.seedhekhetse.com reserves its right to initiate civil and/or criminal proceedings against a user who,
files an invalid and/or false claim or provides false, incomplete, or misleading information. In
addition to the legal proceedings as aforesaid, www.seedhekhetse.com may at its sole discretion
suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or
disqualify that member and any related members from availing protection through this program.
- Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent
complaint containing false, incomplete, or misleading information shall be guilty of a criminal
offence and will be prosecuted to the fullest extent under the law.
12.Selling/Advertising
- As a registered member, You may list item/s for sale/advertising on the Website in accordance
with the Listing Policies more fully detailed at www.seedhekhetse.com Rules and Policies https:// which
Policy is incorporated by way of reference in this Agreement. You represent that You are legally
allowed to sell/advertise the item(s) You list for sale/advertising on www.seedhekhetse.com . You further
agree to ensure that the products sold/advertised by You through www.seedhekhetse.com are genuine
and are not counterfeit or stolen items. You further agree to ensure that the items/products
listed by You on www.seedhekhetse.com do not infringe upon the intellectual property, trade secret or
other proprietary rights or rights of publicity or privacy rights of any third parties.
- You acknowledge and understand that "Listings" may include text descriptions, graphics and
pictures that describe Your item for sale. You shall be deemed to be infringing the intellectual
property rights of a third party if You are (i) affixing a registered trademark (or an identical or
similar trademark likely to confuse the public to have an association with the registered
trademark) of such third party to Your goods or its packaging; (ii) offering or putting for sale or
stocking the goods under the said trademark; or (iii) using the said trademark in advertising
Your product.
- You acknowledge that if any genuine claim is received by www.seedhekhetse.com from any person
through the Report Abuse section of www.seedhekhetse.com (terms of which are incorporated herein by
reference), www.seedhekhetse.com may in its sole discretion block Your merchant/user account and/or
remove the products listed by You on www.seedhekhetse.com , without any prior notice to You.
www.seedhekhetse.com would however provide You a post facto intimation regarding the same. You
agree that You shall have no claim whatsoever against www.seedhekhetse.com in this regard and the
decision of www.seedhekhetse.com , as aforesaid shall be binding on You.
- You further agree to ensure that the listing description of the item must not be misleading and
must describe actual condition of the product. All listed items must be listed in an appropriate
category on the Website. All listed items must be kept in stock for successful fulfillment of sales.
If the item description does not match the actual condition of the item, You agree to replace the
product delivered to the Buyer with the correct product and/or refund any amounts that You may
have received from the Buyer within 10 days of receipt of intimation from us in this regard. You
agree not to list a single product in multiple quantities across various categories on the Website.www.seedhekhetse.com reserves the right to delete such multiple listings of the same product listed by
You in various categories.
13.Payments
www.seedhekhetse.com uses third party payment providers to receive payments from the Buyers on
Seller's behalf. www.seedhekhetse.com is not responsible for delays or erroneous transaction execution
or cancellation of orders due to payment issues. www.seedhekhetse.com takes utmost care to work with
3rd party payment providers, but does not control their systems, processes, technology and
work flows, hence cannot be held responsible for any fault at the end of payment providers.
Further, www.seedhekhetse.com does not release the payment to Sellers until the order has been
received by the Buyers and they are satisfied with it. www.seedhekhetse.com shall only make payments
to the Sellers subject to realisation of payment received from the Buyer to www.seedhekhetse.com . The
Seller payment is typically net of the service fee charged by www.seedhekhetse.com for its services and
after deduction of applicable withholding taxes (if any).
14.Feedback
- We encourage Registered Buyers on the Website to provide feedback to the Sellers after the
transaction has been closed, this helps other Users to know the performance level of the said
Merchant/Seller. Please remember that You cannot retract the feedback once You have
provided it. Further You agree that the feedback You provide to the Website shall be deemed to
be non- confidential and will be displayed along with Your user ID. www.seedhekhetse.com will not be
responsible for the feedback that You post on the Website and You should be careful in making
comments that are not factual in nature and should not post defamatory or illegal or
offensive/obscene contents, for which You shall alone be liable.
- You may not take any actions that may undermine the integrity of the feedback system. If You
continue to receive negative feedback ratings, www.seedhekhetse.com reserves the right to suspend
Your membership, and You will be unable to list, buy or bid on the Website. You agree that Your
feedback shall not contain confidential or proprietary information of You or of third parties.
- Export - As feedback ratings are not designed for any purpose other than for facilitating trading
between the Users, You agree that You shall not market or export Your Website feedback rating
in any venue other than on the Website.
15.No Warranty
- The Website, Services, Content, User content and any third party content are provided by www.seedhekhetse.com on an "AS IS" basic without warranty of any kind, Express, Implied, Statutory or otherwise, IncludingG the implied warranties of title, Non-Inerinigement, Merchantability or fitness for a particlar purpose. Without limiting the foregoing, Seedhe khetse.com makes no Warranty That (I) The website or the services will meet your Requirements or your use of the website or the services will be uninterrupted, Timely, Secure or error-free; (II) the results that may be obtained frome the use of the website or services will be effective, Accutate or reliable; (III) the quality of the website or services will meet your expectations; or that (IV) any errors or defects in the website orservices will be corrected. No advice or information, Whether oral or written, Obtained by you frome Seedhe khetse.com or through the website / contentor frome use of the services shall create any warranty not expressly stated in these terms of use.
- To the maximum extent permitted by applicable law, www.seedhekhetse.com will have no liability related to user contentand / or third party contentarising under intellectual property rights, Libel, Privacy, Publicity, Obscenity or other lows. Seedhe khetse.com also disclaims all libility with respect to the misuse, Loss, Modification or unvailability of any user content and / or third party content.
- You expressly understand and agree that, to the maximum extent permitted Bby applicable low Seedhe khetse.com will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the ebsite or any services, either with or without your knowledge. Seedhe khetse.com has endeavored to ensur that all the information on the website is correct, But Seedhe khetse.com neither warrants nor makes any representation regarding the quality, Accuracy or completeness of any data, information, Product or services. Seedhe khetse.com shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionationalities ,
or for any information, software, products, functionalities And related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, Tort, Negligence, Strict libility or otherwise. further, Seedhe khetse.com shall not be held responsible for non-availabilty of the website during periodic maintenance oprations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Seedhe khetse.com's control. the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Seedhe khetse.com is not responsible for any typographical error leading to an invalid coupon. Seedhe khetse.com accepts no liability for any error or omissions, with respect to any information provided to you whether on behalf of itselfor third parties.
16.Limitation of Liability
- In no event shall www.seedhekhetse.com or its suppliers, affiliates, service providers and their
respective officers, directors, employees, partner be liable for any direct, indirect, incidental,
special, incidental, consequential , exemplary or punitive damages whatsoever, including but
not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based
on any theory of liability including breach of contract or warranty, negligence or other tortious
action or any other claim arising out of or in connection with Your use of or access to the
Website, its services ,content or this agreement (however arising, including negligence).
- www.seedhekhetse.com 's entire and aggregate liability in any circumstance including these terms and
conditions shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount
of fees, if any, paid by You to www.seedhekhetse.com under the relevant order to which the cause of
action for the liability related. www.seedhekhetse.com , its associates, affiliates and service providers and
technology partners make no representations or Warranties about the accuracy, reliability,
completeness, and/or timeliness of any content, information, software, text, graphics, links or
communications provided on or through the use of the Website or that the operation of the
Website will be error free and/or uninterrupted. Consequently, www.seedhekhetse.com assumes no
liability whatsoever for any monetary or other damage suffered by You on account of:
Delay, failure, interruption, or corruption of any data or other information transmitted in
connection with use of the Website;
Any interruption or errors in the operation of the Website.
17.Indemnity
- You agree to indemnify and hold harmless www.seedhekhetse.com and (as applicable) www.seedhekhetse.com
's parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers,
directors, agents, and employees, from any losses, liabilities, damages, costs and expenses,
claims or demand, or actions including reasonable attorneys' fees asserted against or incurred
by www.seedhekhetse.com , made by any third party arising out of Your breach or non-performance of
terms of the User Agreement, www.seedhekhetse.com Rules and Policies, or the documents they
incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third
party.
- Seedhe khetse may notify You of any claims which You shall be liable to indemnify
www.seedhekhetse.com against. You will then be required to consult with www.seedhekhetse.com regarding the
course of action to be undertaken in defending such a claim. Further, You shall not compromise
or settle any claim or admit any liability or wrongdoing on the part of www.seedhekhetse.com without the
express prior written consent of www.seedhekhetse.com which can be withheld or denied or conditioned
by www.seedhekhetse.com in its sole discretion.
18.General
- None of the provisions of the User Agreement shall be deemed to constitute a partnership
or agency between You and www.seedhekhetse.com and You shall have no authority to bind
www.seedhekhetse.com in any manner whatsoever.
- Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on
behalf of www.seedhekhetse.com to Seedhe khetse EKART RETAIL TRADING PRIVATE LIMITED, H.NO-
10,GALI NO.-2,PREM NAGAR,, RING ROAD BIJNOR,DIV, OFF(BIJNOR), BIJNOR, Bijnor,
Uttar Pradesh, India, 246701, (in the case of www.seedhekhetse.com ) or to the email address You
provide to us during the registration process (in Your case). Notice shall be deemed given 24
hours after the email is sent, unless the sending party is notified that the email address is
invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return
receipt requested, to the address provided to us during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
-
Severability: If any clause of the User Agreement shall be deemed invalid, void or for any
reason unenforceable, such clause shall be deemed severable and shall not affect the validity
and enforceability of the remaining clauses of the User Agreement.
-
Entire Agreement: This Agreement sets forth the entire understanding and agreement
between You and www.seedhekhetse.com with respect to the subject matter hereof.
-
Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights
granted hereunder to any third party. www.seedhekhetse.com may transfer its rights and obligations
(also known as "assign") under this Agreement without Your prior express consent, provided
that www.seedhekhetse.com assigns the Agreement on the same terms or terms that are no less
advantageous to You.
-
Dispute Resolutions: Generally, transactions are conducted smoothly on Seedhe khetse
,Seedhe khetse However there may be some cases where both the Buyers and
Sellers may face issues. At www.seedhekhetse.com , we have a Dispute Resolution process in order to
resolve disputes between Buyers and Sellers.
-
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a
transaction on the Website. Disputes arise out of an issue that is raised by either party not being
completely satisfied with the resolution of their complaint/issue.
-
It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the
issue amicably between each other. 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.
- How is a 'dispute' resolved?
Whenever there is a disagreement relating to any transaction, the users can write to
grievance@www.seedhekhetse.com in order to raise a dispute. Once a dispute is raised by either party,
www.seedhekhetse.com shall try to mediate and the resolve the matter amicably.
- Grievance Officer In accordance with the Information Technology Act, 2000 and rules
made there under, the name and contact details of the Grievance Officer is published herewith
19.Report an Intellectual Property Right Violation
In the event You come across any abuse or violation of these Terms of User Agreement or if
You become aware of any objectionable content on the Website, or if You believe Your
intellectual property rights have been violated in any manner through the Website, please refer
to the Seedhe khetse Intellectual Property Violation (SCIPV) available here
www.seedhekhetse.com
20.Arbitration
If any dispute arises between You and www.seedhekhetse.com during Your use of the Website or
thereafter, in connection with the validity, interpretation, implementation or alleged breach of any
provision of the User Agreement, or the documents they incorporate by reference, the dispute
shall be referred to a sole Arbitrator who shall be an independent and neutral third party
identified by www.seedhekhetse.com . The place of arbitration shall be BIJNOR (U.P), India. The
arbitration proceedings shall be in the English Language and shall be governed by Arbitration &
Conciliation Act, 1996.
21.Governing Law
The User Agreement or the documents they incorporate by reference shall be governed and
construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising
under this Agreement between You and www.seedhekhetse.com shall be subject to the exclusive
jurisdiction of courts at BIJNOR (U.P), India.