This Terms of Service Agreement (the "Agreement") governs Your use of indiebazaar.com (the "Site") and any services made available to You on or through this Site (the "Services") which is owned and operated by by Indie Bazaar Technologies Private Limited (hereinafter, "Indiebazaar", "We", "Us" or "Our"). For purposes of this Agreement, "You" or "User" means the person using the Site or the Services or, if You are using the Site or Services on behalf of Your company (or another business entity), then "You" or "User" means Your company (or such other entity), its officers, members, agents, successors and assigns. If you are registering as a business entity or as a seller, you represent that you have the authority to bind the entity to these Terms & Conditions By using the Site you agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Our services are available only to, and may only be used by individuals who are over 18 years of age and can form legally binding contracts under applicable law. Our seller services are not available to, and may not be used by persons who are not citizens of India. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi.
You agree and undertake to use the Website and the Service in accordance with this Agreement and all applicable laws or regulations in force in or outside India. By way of example, and not as a limitation, you agree and undertake that when using the Services, you will not:
Indiebazaar hereby disclaims any responsibility or guarantees of exactness as to the quality, safety or legality of any products, services or information ("Products") as ordered or purchased by the user. The Products purchased or obtained by the user through the Website are the sole responsibility of the seller. The User acknowledges this risk and agrees to indemnify and hold Indiebazaar harmless from any claim or demand, including reasonable legal fees arising out of the services or product not meeting the descriptions or user expectations.
By ordering or purchasing any Products the User agrees to be bound by the Conditions of Sale including but not limited to pricing, description and policies related to shipping, returns, replacements and refunds as described or referenced in the Products description and site-wide shipping and returns policy provided those policies are not in contradiction of this Agreement or otherwise unlawful.
Orders placed from and/or being shipped to addresses outside India will be governed entirely by International shipping and returns policy and the general shipping and returns policy will not be applicable.
Purchases are retractable only when explicitly allowed by the seller in the conditions of sale or when the seller materially changes the product description after a sale has been made or the seller defaults in any way with the product listed or with the delivery of the product.
Any individual or business entity eligible as described under "Scope of Agreement" can choose to set up their shop and list products for sale at Indiebazaar subject to following terms:
Indiebazaar attempts to provide an online platform to Creative Artists, Artisans and Designers, their representatives, assignees and agents to showcase and sell their original products and works as individuals, collectives or business entities. Users who may not fall into any of these categories may be prevented from listing and selling their products at Indiebazaar at our sole discretion.
The quality, legality and safety of Products purchased or obtained by the user through the Website are the responsibility of the seller.
Selling Alcohol, drugs, medicines and other illegal and prohibited items on Indiebazaar is strictly forbidden. An indicative list of ineligible items is provided here Prohibited Items. Attempts to list or sell these items will be construed as violation of this agreement.
Information provided by you in the course of setting up a shop shall be true, accurate and complete. You are obliged to ensure that this information is always up to date. Losses or damaging arising out of incomplete of out of date information is the sole responsibility of the seller.
Listed items represent a binding offer at the set price to other users who comply with the conditions of sale specified in the offer. The contract of purchase between the buyer and seller is formed when a member complies with the conditions specified in the offer and completes the checkout process. Failure to fulfil an order may be construed result in deactivation of account, refusal of Service and cancellation of contract at the discretion of Indiebazaar.
Your items and all terms of sale must be correctly and accurately described within the description, graphics and pictures on the listing page of Indiebazaar without intention to defraud other users or provide incorrect, incomplete or misleading information.
You are responsible for ensuring that you have the right to use all content on your listing and that Indiebazaar has the right to host it on our servers.
As a business person offering goods and services to consumers you are obligated to give all necessary information regarding consumer protection as required by law and to detail legal disclaimer rights if required by law.
All sellers will clearly outline shop policies for their shops and abide by these policies. These policies may include without limitation shipping, replacement, returns and exchange policies. All shop policies must comply with Indiebazaar site-wide shipping and return policy. We reserve the right to request that a seller modify a shop policy which is in contradiction of applicable laws, this Agreement or detrimental to other users.
Indiebazaar reserves the right to delist and delete items or deactivate user accounts, refuse service and cancel this Agreement if an item infringes legal regulations or this Agreement.
All applicable taxes should be included in the listing price for the product; payment of taxes and ensuring correct and complete documents for shipping is the responsibility of the seller.
Indiebazaar charges fees for listing and each successful sale as per our Fee Policy which forms a part of this agreement. Fee charged per transaction and for other services will depend upon the plan selected at the time of signup. The user agrees to abide by the policy as applicable from time to time; any attempt to bypass transaction fees will result in deactivation of account, refusal of service and cancellation this Agreement at the discretion of Indiebazaar.
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision of this Agreement.
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Indiebazaar.
Indiebazaar neither warrants nor makes any representations regarding the quality, accuracy, continuous availability or completeness of any Data, Information, Product or Service. Indiebazaar is not liable for any information provided by its members.
In no event shall Indiebazaar be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Site or Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site or Services.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
The headings and subheadings in this document are intended for convenience and easy reference and are not intended to define or limit the scope or extent of the Agreement in any manner. "Acceptance" of the Agreement as described above will include all the terms and provisions set out here in totality.
This Agreement will prevail over any conditions of sale imposed by a seller.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
We reserve the right to alter these terms at any time; any material changes arising out of alteration will be notified to you via email with notices in accordance with applicable laws.
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
You can cancel this contract by writing to Indie Bazaar Technologies Private Limited, B - 36 First Floor, Ardee City, Gurgaon, Haryana, 122002, India.
Indiebazaar may suspend or terminate your use of the Servicer without notice if it believes, in its sole and absolute discretion that you have breached a term of this Agreement. If you or Indiebazaar terminates your use of the Site or any Service, Indiebazaar may delete any content or other materials relating to your use of the Service and will have no liability to you or any third party for doing so.