The Terms shall be made applicable from the Effective Date as defined hereunder.
We may make changes to these Terms from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms will be posted on the Platforms and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to access any of the Platforms after the changes become effective, then you agree to the revised Terms. You agree that these Terms shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with KTPL, including but not limited to events, agreements, and conduct preceding your acceptance of these Terms.
(i) “Account” shall mean the account created through online registration by proposed Sellers on the Platforms of KTPL for the purpose of offering products and services for sale.
(ii) “Buyer” shall mean any person or entity that purchases products or services listed for sale on the Platforms of KTPL.
(iii) “Content” shall include, but not be limited to, the posting of relevant details by the Sellers in relation to description of their products and/or services with text, graphic, images, videos etc. and also comments on buyer reviews and ratings.
(v) “Price/ Transaction Price” shall mean the cost at which the product/service is to be delivered to the Buyer inclusive of all taxes and Shipping Charges, if any.
(vi) “Sale Price” shall be the price inclusive of taxes at which the product/service is offered for sale by the Seller on the Platforms. Parties agree that Sale Price is dynamic and volatile and may vary at different times and points of sale and therefore can be periodically and from time to time changed or revised in accordance with the terms of this Agreement.
(vii) “Seller” shall mean any person or entity offering various products and services for sale through the Platforms of KTPL.
(viii) “Shipping Charges” shall mean the cost and taxes recovered by the Seller from the Buyer per order for handling the logistics.
(ix) “Shipment Cost” shall mean the cost and taxes recovered by KTPL from the Seller per order for handling the logistics.
(x) “User” shall mean any person or entity that accesses, browses or purchases the products or services listed for sale on the Platforms of KTPL.
PART I- PRECONDITIONS FOR ACCESS
In order to be eligible to offer products and services for sale on the Platforms, a Seller must fulfill the following criteria:- (i) He/She must not be less than 18 years of age; (ii) He/She must not have been previously barred from accessing the Platforms; (iii) He/She must comply with the terms of the agreement and all local, state, national and international laws as may be applicable (iv) He/she must be physically located in the India.
If you are accepting these Terms on behalf of another legal entity, including a business or a non-profit organization, you represent that you have full legal authority to bind such entity to these Terms.
2. Account and Registration
Subject to your eligibility and compliance with these Terms, you may access our Platforms. If you propose to list your products and services on our Platforms for sale as a Seller, you shall be required to register online on either Platform by creating an Account.
3. Consequences of Creation of Account
Once you complete the process of registration and set up of your Account, you will be able to list products, manage orders, collect payments and get rated and reviewed by Users and Buyers accessing, browsing or using the Platforms. Further, you will be given the permission to use and access the Platforms for posting relevant Content.
You are solely responsible for the information associated with your Account and all activities in relation to your Account including the Content you post. If any information displayed on the Platforms in connection with you and your Account is found to be incorrect, you are required to inform KTPL immediately to enable KTPL to make the necessary amendments. KTPL reserves the right of ownership of all Accounts created by the Sellers and to moderate the changes or updates requested by the Sellers.
You must maintain the security of your Account and promptly notify KTPL at helpdesk@CreCo.in if you discover or suspect that someone has accessed your Account without your permission. You will not authorize third parties, including automated systems and bots, to use your Account.
PART II- FRAMEWORK OF OPERATIONS
4. Scope of Services Offered
KTPL offers the following categories of services:
i. Online marketplace
a. The marketplace is an online e-commerce portal available on the Platforms, wherein prospective Buyers and Users are provided access to a variety of products and services. These products and services are listed for sale either directly or indirectly by Sellers on the Platforms. You agree that KTPL is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility.
b. You acknowledge that transactions, Transaction Price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Sellers and Buyers and the payment facility is merely used by Sellers and Buyers to facilitate the completion of transactions.
c. KTPL is not involved in providing any advice or warranties in relation to the products and services offered. You agree that KTPL will not be responsible under any circumstances for:
interactions and associated issues that the Seller may have with any Buyer
the ability or intent of the Buyer or the lack of it, in fulfilling their obligations towards Sellers;
any defect in the quality of product or service sought to be sold by the Seller, or any negligence on part of the Seller;
any misconduct or inappropriate behavior on part of either the Buyer or the Seller;
ii. Value Added Services
KTPL may, at its sole discretion, offer additional value-added services such as delivery, transit insurance through logistics partners, seller promotions, custom policies for certain Sellers, etc. complementary to its role as an online marketplace. The terms and conditions based on which such value-added services are offered would be subject to separate customized contracts between such Sellers and KTPL.
iii. Payment Options and Process
a. You agree to permit KTPL or its service providers to collect, process, facilitate, and remit payments and/or the Transaction Price electronically or through cash on delivery to and from Buyers on your behalf in respect of products and services sold on the Platforms.
b. Buyers may pay for your products and services using payment methods such as the following:
Credit or Debit Cards
Payment (either via cash or card) on delivery
c. We may modify the scope of payment methods available to Buyers at our sole discretion.
d. You understand, accept and agree that the payment facility provided by KTPL is not a banking or a financial service, but a facility for collection and remittance of payment for transactions on the Platforms using the existing authorized banking infrastructure and payment gateway (PG) network. Further, by providing payment facility, KTPL neither acts as a trustee nor a fiduciary with respect to the transaction or the Transaction Price.
e. KTPL shall make payments into the bank account provided by the Seller. Once KTPL has made payments into such a bank account number, it shall be discharged of any/all liabilities towards the Seller and the Seller shall not be eligible for any claims whatsoever.
f. KTPL does not guarantee the identity of any Buyer nor does it ensure that a Buyer will complete a transaction.
g. It is hereby clarified that payment on delivery, either by cash or card, (“COD option”) may not be available for select products, categories or locations at KTPL’s sole discretion.
iv. Invoice and Taxes
a. The Seller shall raise an invoice in the name of the Buyer. The Seller further undertakes and agrees to raise the invoice of an amount equivalent to the amount displayed on the Platforms to the Buyer and paid by/charged to the Buyer including Shipping Charges, if any.
b. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable) in relation to sale of your products and services on the Platforms.
v. Dispatch of products and/or services
a. You, as a Seller, shall be required to dispatch the products and/or services for every transaction to the Buyer in a manner so as to ensure that the products and/or services are delivered in a timely manner. You may route all consignments through our logistics partners, for the purpose of delivery to the concerned Buyer.
b. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to KTPL in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
c. For pre-authorised transactions where shipping is directly done by the Seller, Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a Seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to KTPL on demand within the time frame as notified from time to time.
d. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
e. Seller shall not refuse to take back products, or withdraw or discontinue services purchased or agreed to be purchased, or refuse to refund consideration, if paid, if such products or services are defective, deficient, spurious, or if the products and services are not of the characteristics or features as advertised or as agreed to, or if such products and services are delivered later than the slated delivery schedule, unless such late delivery was due to a force majeure event.
f. If an incorrect/damaged product is dispatched by the Seller, all costs incurred by KTPL towards sending the shipment to the Buyer, reverse pick-up from the Buyer and sending new correct shipment to the Buyer will be fully recovered from the Seller.
vi. Settlement of proceeds
a. Seller agrees that the Transaction Price paid by a Buyer will be remitted to a Seller’s bank account in accordance with RBI Intermediary Guidelines after confirmed delivery of products and/or services to the concerned Buyer.
b. All applicable taxes, Shipping Cost, other fees and charges on the concerned sale transaction will be deducted by KTPL at the time of making payment to the Seller. The payment will be remitted to the same bank account whose details are provided by the Seller at the time of registration or updated as per the process laid out by KTPL.
5. Fees and Charges
You understand and acknowledge that your right to list products and services for sale on the Platforms is subject to certain fees and charges. If you elect to offer products and services for sale on the Platforms, you agree to pay the fees and charges as may be communicated to you by KTPL from time to time.
PART III –SELLER RIGHTS, DUTIES AND OBLIGATIONS
6. Permission and Consents
i.Permissions for communication of relevant information
Upon completion of registration as a Seller you consent to receiving emails and SMS/texts:
a. In relation to fulfillment of orders placed by Buyers for products and services listed by you on the Platforms;
b. Regarding confirmation of receipt of payment in relation to orders of your products and services;
c. In relation to updates and changes to the features on the Platforms, new promotions and sales opportunities and notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive such email/text messages, you may opt out by sending us an email at helpdesk@CreCo.in. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or sales opportunities.
ii. Permissions in relation to Content
a. By posting Content on the Platforms, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through these Platforms. You agree that this license includes the right for us to make your Content available to other persons who may access, browse or use the Platforms subject to these Terms.
b. You agree that KTPL may access, preserve and disclose your account information and Content if required to do so by law or in a good faith that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) comply with request from the government or its agencies (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of KTPL or any other person.
c. Although we have no obligation to screen, edit, or monitor your Content, we may, in our sole discretion, delete or remove your Content at any time and for any reason, including for a violation of these Terms; in compliance with a legal order or upon being notified by the appropriate Government or its agency under section 79(3)(b) of Information Technology Act, 2000.
7. Representation and Warranties
As a Seller offering products and services on the Platforms, you represent and warrant that:
i. You meet with all the eligibility requirements as set out in Clause 1 of Part I above;
ii. All the information provided by you, before and after registration of your Account as a Seller is accurate and complete;
iii. You are competent to enter into a binding contract under the laws of India or any other laws as may be applicable;
iv. You are legally entitled to distribute, market, supply and sell the product(s)/service(s) you list for sale on our Platforms and possess the necessary licenses, permits and approvals required for the same;
v. The listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties;
vi. The listed items are listed in the appropriate category on the Platforms;
vii. You shall not to list a single product in multiple quantities across various categories on the Platforms;
viii. You shall offer the products/services for sale on the Platforms on the Sale Price which shall be inclusive of all taxes, duties, levies, warehousing, packaging, transport and logistics charges incurred and all other charges other than any entry taxes / octroi as applicable in the city or municipal limits of the Buyer. The Sale Price shall be in compliance with all applicable laws and shall not be more than the maximum retail price printed on the Products;
ix. You are not allowed to and/or cannot sell your products/services below the Sale Price as mentioned on the Platforms on any other online or physical channel. If it is found or detected subsequently that you are selling similar products/services on any other online or physical channel below the price mentioned on the Platforms, KTPL at its sole discretion shall take proper steps as per terms of this agreement and/or initiate legal actions in terms of the applicable laws against you and in that event you shall be liable and responsible to compensate KTPL adequately. Furthermore you shall be debarred from getting any kind of access to Platforms for selling or promoting your products/services;
x. A purchase order placed for any listed items on the Platforms shall be fulfilled within the time-limit specified for that particular item and the quality of products listed shall fully conform to the description as specified on the Platforms;
xi. You have never been convicted of any offence in the nature of a sexual crime (including molestation, child abuse etc.) or any offence under the Information Technology Act, 2000 or rules or regulations specified thereunder;
xii. No listed item shall be in the nature of pornography or hurtful to religious sentiments.
By submitting Content on the Platforms, you further represent and warrant that:
i. the Content is accurate and not misleading and only includes text descriptions, videos, graphics and pictures that correspond directly with the appearance, nature, quality, purpose and other general features of such product or service;
ii. the Content relating to advertisements for marketing of the products and services listed on the Platforms is consistent with the actual characteristics, access and usage conditions of such products and services;
iii. the Content is yours (you own it) or you have the right to use it;
iv. the posting of your Content on any Platforms does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person;
v. You shall not misrepresent yourself as a Buyer/User and post reviews about products or services or misrepresent the quality or the features of any product or services.
8. Intellectual Property Rights
It is hereby specifically recorded that all Intellectual Property Rights in the products and services offered for sale on the Platforms shall continue to vest in the respective Sellers listing such products and services or such other third parties who may have licensed the concerned products and services to the concerned Sellers.
All those Intellectual Property Rights arising as a result of use of domain names, the design and layout of the Site or the App or any other similar right available under applicable law shall vest in KTPL.
KTPL owns or has rights to all the content on the Platforms (except for Content as defined in the Definition Clause) which includes but is not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith. No one shall be entitled to reproduce, adapt, combine or integrate into other applications, arrange or otherwise handle or transform, or publicly communicate or publish such content without prior written consent of KTPL.
PART IV: RESTRICTIONS ON CONTENT AND USAGE
9. Restrictions on Usage and Access of the Platforms
While accessing or using our Platforms, you will not
i. Attempt to gain unauthorized access to another Seller or Buyer or User Account;
ii. Upload, transmit, or distribute to or through any of the Platforms any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data or otherwise compromise the security of the Content on the Platforms;
iii. Use the Platforms to harvest, collect, gather or assemble information or data regarding the products or services on offer or regarding other Users or Buyers except as permitted in these Terms;
iv. Use the Platforms in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users and Buyers from fully enjoying the services or that could damage, disable, overburden, or impair the functioning of the services in any manner;
v. Intentionally negate any User or Buyer’s actions to delete or edit their Content on the Platforms;
vi. Use the Platforms for any harmful or nefarious purpose;
vii. Use the Platforms in a manner so as to damage KTPL;
viii. Spam, solicit money from or defraud any Users or Buyers;
ix. Solicit personal identifying information for commercial or unlawful purposes from other Users/ Buyers or disseminate another person’s personal information without his or her permission;
x. Not to provide your financial information (for example, your credit card or bank account information), or wire or otherwise send or receive money from Buyers, Users or Sellers, except through the payment gateway on the Platforms;
xi. Use another User or Buyer account;
xii. Create more than one account or create another account if we have already terminated your account, unless you have our permission.
10. Restrictions on Posting of Content on Platforms
The Content posted by you must not:
i. belong to another person and contain any information that you do not have any right to;
ii. be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. bully, stalk, intimidate, assault, harass, mistreat or defame any person;
iv. involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
v. infringe upon or violates any third-party 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;
vi. be threatening, sexually explicit or pornographic; promoting violence; or containing nudity or graphic or gratuitous violence;
vii. impersonate any person or entity or constitute any images of another person without his or her permission;
viii. harm minors in any way;
ix. deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature;
x. threaten 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;
xi. threaten public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder.
11. Restrictions on Misuse of Content and Platforms
Except as permitted through these Terms or as otherwise permitted by us in writing, you do not have a right to:
i. license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the products and services or the Content on the Platforms;
ii. access the products and services or the content on the Platforms in order to build a similar or competitive website, product, or for any commercial purposes;
iii. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the usage and access of the Platforms;
iv. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the products and services and content on the Platforms;
v. upload viruses or other malicious code or otherwise compromise the security of the content on the Platforms;
vi. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platforms;
vii. frame or mirror any part of the content on the Platforms;
viii. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the content on the Platforms, or cause others to do so;
ix. use or develop any third-party applications that interact with the Content on the Platforms;
x. use, access, or publish the KTPL application programming interface;
xi. encourage or promote any activity that violates these Terms.
PART V- RIGHTS RESERVED BY KTPL
12. Right to withdraw and restrict access
KTPL reserves the right to withdraw or amend the content on the Platforms, and any product or service we provide on the Platforms, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Platforms, or the entire Platform. KTPL will not be liable, if for any reason the products & services on any of the Platforms (or any features within the Services) are unavailable at any time or for any period.
13. Right to terminate Account
KTPL reserves the right to terminate your Account or ability to access and list products and services for sale on the Platforms at any time for any reason, including for your failure to pay necessary fees or charges, breach of representation or warranties or any violation of these Terms.
Upon such termination/suspension of your account, you will no longer be able to access your Account or any Content or data you have stored on the servers. All data collected will be deleted from your Account if required under law. All licenses granted to you by KTPLfor use and access to the Platforms will automatically terminate.
14. Right to initiate action against violation of Terms
KTPL may investigate and take any available legal action, including removal of restricted Content and deactivation and/ or termination of your account, in response to violation of representations and warranties, illegal and/ or unauthorized uses of the Platforms, and posting of restricted Content on the Platforms in violation of Clauses 9, 10 and 11 of these Terms.
PART VI- EXCLUSION OF LIABILITY
15. Restriction on KTPL’s Role in the transactions on the marketplace
KTPL is only providing a facilitating platform for communication between potential Buyers and Sellers and it is agreed that the contract for sale of any of the products or services on the marketplace shall be a strictly bipartite contract between the concerned Buyer and the Seller. KTPL is not responsible for any non-performance or breach of any contract entered into between the Buyers and Sellers. KTPL cannot and does not guarantee that the concerned Buyers and Sellers will perform any transaction concluded on the marketplace.
At no time shall KTPL hold any right, title or interest over the products or services on the marketplace nor shall KTPL have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. KTPL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Platforms are provided “as is” and without warranty of any kind. To the maximum extent permitted under applicable law, KTPL expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platforms and the products and services offered on the Platforms, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of performance, usage or trade practice. Without limitation to the foregoing, KTPL provides no warranty or undertaking, and makes no representation of any kind that the Platforms and the products and services listed thereon will meet your requirements, will achieve any intended results, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
The results of any search Users or Buyers perform on the Website or the App for any product or service, should not be construed as an endorsement by KTPL of any such particular product, service or the Seller offering such product or service. We provide search results based on information that is sought for by the User or the Buyer on multiple criteria.
17. Liability Limitation
To the fullest extent permitted by applicable law, in no event shall KTPL, its directors, employees, officers, affiliates, agents, successors, subsidiaries or assignees be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) Any computer failure or malfunction; (ii) your access to or use of or inability to access or use the Platforms; (ii) the conduct or content of other Users and Buyers, through or following use of the products & services purchased on the Platforms; or (iii) unauthorized access, use or alteration of your Content, even if KTPL has been advised at any time of the possibility of such damages.
Notwithstanding the foregoing, in no event shall KTPL’s aggregate liability to you for any and all claims arising out of or relating to the use of your products & services purchased through/listed on the Platform exceed the total commission, paid by you to KTPL in the one month preceding the date that you first file a lawsuit, arbitration or any other legal proceeding against KTPL. The said limitation set forth herein applies (i) regardless of the ground upon which liability is based (whether default, contract, tort, statute, or otherwise), (ii) irrespective of the type of breach of obligations, and (iii) with respect to all events, the service, and this agreement.
You will defend, indemnify and hold harmless us and all of our directors, employees, officers, affiliates, agents, successors, subsidiaries and assignees from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, (including, but not limited to, reasonable legal and accounting fees), claimed against KTPL relating to:
i. Your breach of any warranties, conditions, representations or obligations under these Terms or any documents referenced herein.
ii. Your violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights).
iii. Any claim that your Content violated the rights of third-parties, including intellectual property rights.
iv. Any liabilities or damages resulting from your failure to keep your account and password or other information secure.
v. Any misrepresentations made to potential Buyers on or off the Platform.
PART VII- MISCELLANEOUS TERMS
19. Privacy of Information
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of the Platforms. If you stop using the Platforms without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
We may terminate your Accounts in accordance with Clause 13 in Part V of these Terms.
21. Governing Law and Jurisdiction
We want you to enjoy using our Platforms, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at helpdesk@CreCo.in.
Any claims arising out of or relating to these Terms or the Products or Services will be governed by the laws of India, other than its conflict of laws rules. The courts at Ahmedabad, Gujarat, India will have the sole jurisdiction in relation to all disputes related to these Terms or the products or services on the Platforms; and you consent to personal jurisdiction in these courts.
22. Dispute Resolution
Except where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the Indian Arbitration Act, 1996 (the “Act”) as amended in 2019 along with any amendment which may take place from time to time.
By accepting these Terms, you agree to arbitration. The place of Arbitration shall be Ahmedabad, Gujarat, India. The arbitration shall be presided over by a Sole Arbitrator appointed mutually by both parties, failing which the procedure shall be adopted as prescribed under the Act.
23. Entire Agreement