Terms & Conditions
Last updated as of 20 December 2021
This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Website is created and operated by M/s Vkreta Seller Services Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”)having its registered address at “C/o Mr. Bajrang Bali, Near Kumar Cinema ,Uklana Mandi ,District Hisar, Haryana 125113 , India”and operating under the brand name “Vkreta” (“Brand Name”). We intend to ensure your steady commitment to the usage of this Website and the services provided by us through our Website “www.vkreta.com/”.
The Platform is an e-commerce Platform which allows the retailers, wholesellers and any other businesses to sell their products to the customers through the Platform. The Platform allows the sellers to list themselves on the Platform and sell all kinds of products including but not limited to apparels, household items, decorative items, appliances, and so on.
The Platform aims to provide a digital Platform for the sellers who wish to sell their products through online channels. The Platform shall be offering delivery at places all over India.
Registration on the Website is not mandatory for Users of the Website. However, if You wish to purchase anything from the Website, Youshall have to provide the following information at the time of registration.
ii. Phone Number
iii. Email ID
The Users can also link their social media accounts such as Google and Facebook at the time of signing up on the Website.
PLATFORM FOR TRANSACTION AND COMMUNICATION
The Platform is a mere Platform which allows the Users to connect with the Sellers on the Platform and the Platform shall not be responsible for any transaction occurring between the the Users and the Sellers on the Platform.
· All the terms necessary for the transaction are agreed between the two parties i.e. the Users and the Sellers. The terms shall be including but not limited to 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.
· The Platform is not and cannot be a party to any transaction between You and the third party sellers, or have any control, involvement or influence over the products purchased by You from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Platform.
· The Services on the Platform are available to only select geographies in India, and are subject to restrictions based on business hours and days of third party sellers.
· The transactions made through the Platform may be subject to a delivery charge where the minimum order value is not met. You will be informed of such delivery charges at the stage of check-out for a transaction through the Platform.
· The Seller retains the right to cancel any order placed by the User, at its sole discretion and the User shall be intimated of the same by way of an email/SMS. Any transaction price paid by User in case of such cancellation by Seller, shall be refunded to the User.
· We do not make any representation or waaranty regarding the quality, value, size, etc of the products or any other specific details relating to the products sold or offered to be sold on the Platform.
· We disregard ourselves of any liability with respect to errors or omissions, whether on behalf of us or any third party sellers on the Platform.
· We are not liable for any default in performance or breach of any contract entered into between Users and Sellers. We cannot and donot guarantee that the concerned Users and/or Sellers will perform any transaction concluded on the Platform. We shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers.
· You are responsible to verify the credit worthiness and the identity of the Sellers you choose to transact with and We shall not be liable for any default in performance or any griveances with the Sellers.
· We do not at any point of time during any transaction between User and Seller on the Platform 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 User.
· At no time shall We hold any right, title or interest over the products nor shall We have any obligations or liabilities in respect of such contract entered into between Users and Sellers.
For making all payments for services on the Website, you shall be required to make payment for which you will be redirected to a third-party payment gateway, Razorpay or any other payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
c) You shall not use the Website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
USE OF THE PLATFORM
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which you do not have any right;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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;
- Harms minors in any way;
- Infringes any patent, trademark, copyright or another proprietary/intellectual property right;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- Is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate Your use of the Platform.
We shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Website by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Us. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will We be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against Us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content
You hereby acknowledge that We have the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, We have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Website.
All the Content displayed on the Website is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and whilst feedback and comments by Youcan be made via the Website, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website. Further, the Website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. You shall not copy, adapt, and modify any content without written permission from Us.
You understand that by using the Platform or any services provided on the Platform, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Platform and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.
a. Your use of the Website,
c. Your violation of any rights of another;
e. Your conduct in connection with the Website;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
a. We are not responsible for any consequences arising out of the following events:
i. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If you have fed incorrect information or data or for any deletion of data;
iii. If there is an undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by Us.
b. The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by Us through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Website.
e. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
b. You may terminate your use of the Website at any time.
d. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
e. It is also hereby declared that we may discontinue the Services and Websites without any prior notice.
a. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
b. We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
c. We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Website and providing Your identity and contact information to Us through the Website, You agree and consent to receive e-mails or SMS from Us and/or any of its representatives at any time.
You can report to “firstname.lastname@example.org” if you find any discrepancy with regard to Website or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
Youagree and acknowledges that you are a restricted user of this Website and you:
a. Agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
b. Agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date.
c. You agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered into the database of the Website. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Website.
e. Authorize the Website to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission.
h. Agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of your access to the Website. We disclaim any liabilities arising concerning such offensive content on the Website.
i. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Website is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website, at our sole discretion.
j. Upon Your purchase of product(s) eligiblefrom the Platform, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You shall be issued to You by the Seller(s) selling such products.GST invoice will have, inter alia, the following details printed on it:
· GSTIN associated with your registered business, as provided by you
· Entity name of your registered business, as provided by you
· Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
· For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
· The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
· If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
· We are not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
You further undertake not to:
a. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
c. 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. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Websites.
f. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website;
g. Violate any applicable laws, rules or regulations currently in force within or outside India;
i. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Website;
j. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
k. By indicating Your acceptance to use any services offered on the Website, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
l. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
m. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Website without prior intimation whatsoever.
n. You agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which you have no right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
iii. is in any way harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
x. Threatens the unity, integrity, defence, 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.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse to the usage of the Website, without being required to provide you with notice or cause:
b. If you have provided wrong, inaccurate, incomplete or incorrect information;
c. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
You shall not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Website, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website through which You can communicate with other users and the Website does not own any of the intellectual property relating to the independent content displayed on the Website, apart from created graphics and specified content.
We and Our
affiliates respect the intellectual property(ies) of other entities. If you
believe that your intellectual property rights have been violated/used in any
manner which results in infringement, then please inform us at email@example.com
We will evaluate the contents of your notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that reporting inaccurate, false or misleading information to Us may result in civil and/or criminal liability.
You agree to indemnify Us for all claims brought by a third party(ies) against Us arising out of or in connection with the submission of your email at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES AND LIABILITIES
a. You further agree and undertake that you are accessing the Website at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Website or accessing/using any information displayed thereon.
b. You agree that any kind of information, resources, activities, recommendations obtained/availed from the Website, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
c. We do not guarantee that the features and content contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Website.
d. The Company does not make any representation or warranties in respect of the products available on the Platform nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Platform or otherwise.
e. You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the cityHisar, Haryana, India.
M/s Vkreta Seller Services Private Limited
C/o Mr. Bajrang Bali, Near Kumar Cinema ,
UklanaMandi ,District Hisar,
Haryana 125113, India.