SELLER TERMS AND CONDITIONS

The domain name http://indianglobalshop.com, including the related mobile site and mobile application as well as the seller portal http://indianglobalshop.com/ (hereinafter referred to as “Platform”) is owned and operated by Global Shop

For the purpose of the Terms of Use wherever the context so requires, ‘you and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform, and the terms ‘we’, ‘us’ and ‘our’ shall mean Global shop.

Your use of the Platform and the features therein is the following terms and conditions including applicable policies available on the Platform, notifications, and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with Global shop, and these terms and conditions including the policies constitute your binding obligations to Global shop

When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions

impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of the Global shop policies applicable to you, as amended, from time to time.

Seller Eligibility

If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Global Shop reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Global shop notice or discovered that you are under the age of 18 years. If you register as a business entity

Your Account and Registration Obligations

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining the confidentiality of this information, as well as your display name, login, and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform

Seller Account Deactivation:

As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions that have been made prior to his closure request and this will be available to the said seller for downloading payment and taxation reports if required. After 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by Global Shop At

all times, such as registered mobile number, registered email ID, GSTIN, and other transaction-related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with Global Shop again, he/she will not be able to create a new account but the older account can be restored if it is required.

Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

A platform for Transaction and Communication

1.  All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Flipkart does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.

2.  Global Shop does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the products or services proposed to be sold, offered to be sold, or purchased on the Platform. Global Shop does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Global Shop accepts no liability for any errors or omissions of third parties in relation to the products and services.

3.  Global Shop is not responsible for any non-performance or breach of any contract between you and buyers. Global Shop cannot and does not guarantee that you and the buyers concerned will perform a transaction(s) concluded on the Platform. Global Shop shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.

4. Global Shop does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.

5.  Global Shop does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.

6.  At no time shall Global Shop hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Global Shop is not responsible for the unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.

7.  The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Global Shop only provides a platform for communication and it is agreed that the contract for the sale of any products or services shall be a strictly bipartite contract between you and the buyer.

8.  You release and indemnify Global Shop and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Global Shop cannot control the information provided by other users which are made available on the Platform. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretense.

Use of the Platform

You agree and understand that Global Shop and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised/listed and the contents therein are advertised and listed by registered users and are third-party user-generated contents. Global Shop shall bear no responsibility or liability in relation to or arising out of third-party user-generated content. Global Shop 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.  Global Shop is merely an intermediary and does not interfere in the transaction between buyers and sellers.

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

1.  You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

(a) belongs to another person and over which you have no right;

b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is false, inaccurate, or misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of ‘junk mail’, ‘chain letters, unsolicited mass mailing, or ‘spamming’; including spamming byways of unrelated feedbacks on surveys

(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(h) 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];

(i) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (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, providing or creating computer viruses;

(l) contains unauthorized videos, photographs, or images of another person (whether a minor or an adult);

(m) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;

(n) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.

(o) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

(p) interferes with another’s use and enjoyment of the Platform;

(q) harms minors in any way;

(r) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

(s) impersonates another person;

(t) contains software viruses or any other computer codes, 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 the value of, surreptitiously intercept, or expropriate any system, data, or personal information;

(u) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;

(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

2. You shall not use any ‘deep-link, ‘page-scrape, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.

3.  You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.

4.  You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform 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) provided by the Platform.

5.  You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Global Shop, Global Shop, Indianglobalshop.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Global Shop or sellers on the platform or otherwise tarnish or dilute any, service marks, trade name and/or goodwill associated with such trade, service marks or 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 Platform or Global Shop systems, networks, or any systems or networks connected to Global Shop

6.  You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.

7.  You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.

8. 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 on the Platform in any manner.

9. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.

10. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, 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 Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

Compliance on the selling of goods/services

You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST), and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you. 

It is your responsibility to charge appropriate goods and services taxes on the supplies affected and remittance of the same to the Government.  Global Shop shall not be responsible for any deficiency and/ or omission on your part.

Pursuant to the tax collection at source provisions under IGST, CGST, and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on the net value of taxable supplies made through the portal and remit to the appropriate Government.

In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Global Shop to correspond with the relevant authorities, and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.

In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.

Content Posted on the Platform

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Global Shop has no responsibility or liability over such third-party generated Content as Global Shop is including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Global Shop prior written consent.

You may use the information on the products and services made available on the Platform for downloading provided you:

(1) do not remove any proprietary notice language in all copies of such Content;

(2)  use such Content only for your personal, non-commercial informational purpose and do not  copy or post such information on any networked computer or broadcast it to any media;

(3) make no modifications to any Content; and

(4) do not make any additional representations or warranties relating to the Content.

CONTACT US

SUPPORT@INDIANGLOBALSHOP.COM

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