Terms of Use of Platform and Online Services
SIGNING UP, ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORMS INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by other Policies as published on the Platform (including but not limited to Privacy Policy, Intellectual Property Policy, Terms of Sale, and Return policy), and as amended from time to time.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which require publishing the rules and regulations, Privacy policy, and Terms of Use for access or usage of the domain name [www.ezybuying.in] (hereinafter referred to as the “Platform”).
The Platform is a marketplace ecosystem developed under the larger umbrella of Ezybuying.in, with its registered office at [Insert Address], and its affiliates, successors, and permitted assigns (“Ezybuying.in”). The Platform will operate as a B2B marketplace and proposes to offer various services to the marketplace participants, including (a) operating as a marketplace for construction and industrial products and services; (b) providing logistical support (including efficient delivery and order fulfillment in a cost-effective manner) through identified logistics partners; and (c) providing financing options to Platform users through identified financial services partners, along with other Services.
The terms “We”, “Us”, and “Our” shall refer to Ezybuying.in. “You”, “Your”, or “User” (which expression shall mean to include successors, permitted assigns, partners, designated partners, successors, legal heirs, and permitted assigns) refers to any individual or entity who has accessed the Platform after agreeing to the Terms or has agreed to become a buyer or seller on the Platform by registering as a “Registered User” (whether incorporated or otherwise).
The terms of use of the Platform shall include all terms and conditions as detailed herein, and any other rules, guidelines, policies, terms, and conditions (including but not limited to Buyer Protection Program-Terms and Conditions, Seller Terms and Conditions) as amended or updated from time to time and published on the Platform (“Terms”).
If you have any query about these Terms, please contact Us at 7065005051 or write to Our Nodal Officer or Grievance Officer.
Please note that these Terms are subject to changes, which are necessitated from time to time, on account of changes in applicable laws, rules, regulations, evolution of technological standards, changes in safety and security standards, etc. We shall, at Our sole discretion, alter, modify, add, or delete the Terms, partly or wholly, at any time, without giving You any notice. We request You to periodically check these Terms to be aware of any changes made to this Policy. Your subsequent visits to Our Platform, after Your first access and clicking on “I Agree,” shall mean that You accept and agree to the changes.
You agree, understand, and acknowledge that this is an online Platform that enables You to purchase products listed on the Platform at the price indicated therein or as agreed between You (as the buyer or the seller, as the case may be) and the counterparty (as the seller or the buyer, as the case may be), at any time from any location. You further agree and acknowledge that the Platform is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be strictly a bipartite contract between You and the counterparty on the Platform.
This document containing these Terms is an electronic record as envisaged under the Information Technology Act, 2000, as amended from time to time, and rules thereunder, as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Services
The website is a Platform in the form of an electronic marketplace and an intermediary that:
provides a Platform for merchants/vendors/sellers (hereinafter “Seller”) to advertise, exhibit, make available, and offer to sell various products to other users/buyers/customers (hereinafter “Buyer”);
provides a Platform for such other users to accept the offer to sell the products made available by the Sellers on the Platform and to make payments to the Sellers for purchase of the products;
provides services to facilitate the engagement of Buyers and Sellers on the Platform;
provides logistics services to its users for facilitating the carriage between Buyers and Sellers;
facilitates financing; and
such other services as are incidental and ancillary thereto.
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**Membership Eligibility and Other Conditions**
The Platform shall make the full functionalities of the Platform available only to such persons who are capable of entering into legally binding contracts under the Indian Contract Act, 1872. Any person who is “incompetent to contract” under the Indian Contract Act, 1872 shall not be entitled to use any of the services and functionalities of the Platform. The Platform shall not permit a minor to register as a User on the Platform. The Platform reserves the right to terminate Your account if it comes to Our knowledge that You are a minor.
We reserve the right to launch various programmes as We may deem fit, from time to time. Any transaction fees, membership fees, or other charges as may be levied by Us for registration under such programmes or availing of Services shall always be in Indian Rupees. Any amount charged by Us for usage of the Platform, including but not limited to the transaction fee or registration fee for a specific programme as detailed in the Buyer Protection Program-Terms and Conditions, Seller Terms and Conditions document, or any other document as specified by Us, may vary from User to User.
The fees or any other amount levied on Seller or Buyer under any head are subject to change, and **Ezybuying.in** reserves the right to charge or revise the same with an intimation through an e-mail communication on the registered e-mail ID of Seller or Buyer as provided by such User or any other mode decided from time to time. If the fees or any levies are not acceptable, You may choose to deactivate/delist your products and/or stop listing any more products in order to sell to Buyers, and/or terminate your membership of the Platform.
**Your Registration and Account Obligations**
Certain parts of the Platform, services, and functionalities of the Platform are accessible only to such users who have registered and set up a Platform account. In the event You have registered as a user, You shall be responsible for all the actions undertaken by You through Your account. You may be held liable to make good any losses incurred on account of Your failure to keep Your account details confidential or any unauthorized access to Your account through Your negligence. You must keep all details pertaining to access to Your account confidential and prevent any unauthorized access to Your account. You must immediately bring it to Our notice (a) in case of any unauthorized use of Your account and any other breach of security; (b) in the event You are experiencing technical difficulties/errors/glitches preventing You from accessing the Platform or the services being provided by Us; or (c) if any of the rights of the User are stated erroneously or incorrectly on the Platform.
You shall ensure that personal information provided by You as part of the registration and the ‘Know Your Customer’ process is true, correct, complete, and updated in all regards. If the Platform discovers or has reasonable grounds to suspect that any information provided by a user is untrue, incorrect, incomplete, or not updated, it has the right to suspend Your account in perpetuity and restrict access to the Platform for such a user.
In the event registration is done by a User for and on behalf of a juristic person, then such User hereby represents and warrants that the User is the authorized representative of such juristic person to avail Services via the Platform, and any and all actions undertaken on the Platform shall be construed as being undertaken by the juristic person itself. We reserve the right to demand any necessary documents/details of authorization as may be deemed fit from the User. Any reference to a juristic/legal person shall include its affiliates, successors, and permitted assignees, unless repugnant to the context.
**Communications**
When You contact Our Platform, through Our customer care service or by way of e-mail or telephone, You are establishing correspondence with Us electronically or telephonically. You agree to receive communication from Us via e-mail, telephone, or by posting notices on the Platform, as and when the necessity arises.
By registering on Our Platform, You agree to the Platform reaching out to You through email, SMS (Short Message Service), WhatsApp Messaging, and through telecommunication (mobile, landline, or any other medium) for all purposes such as products and offers, marketing and advertising communication, transaction details, transaction tracking, polls, auctions, surveys, official Platform correspondences, and for any other purpose. You also agree that We may share such information for all purposes such as products and offers, marketing and advertising, referrals, and increasing business opportunities for the Buyers and the Sellers on the Platform subject to and in accordance with Our Privacy Policy.
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**License to Use the Platform**
Subject to Your compliance with all applicable Platform policies or as amended from time to time, **Ezybuying.in** hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable license for the time You have a registered account with us, to solely access and use the Platform in accordance with the terms and conditions outlined herein. You expressly undertake not to reverse-engineer, modify, amend, reproduce, republish, translate into any language or computer language, re-transmit in any form or by any means, resell or redistribute the Platform or its contents and features, including any collection and use of any product listings, descriptions, prices, derivative use of the Platform or its contents, downloading/copying of account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use of the Platform by You immediately terminates this license/permission granted by **Ezybuying.in**.
**No Unlawful or Prohibited Use**
By accessing the Platform, You undertake to **Ezybuying.in** that You will not use the Platform for any purpose that is unlawful or prohibited under these Terms. You specifically agree not to use the Platform in any manner:
– that would damage, disable, or impair the Platform or any of its functionalities and cause disruption to other Users accessing the Platform;
– which gives You access to the Platform Account that belongs to another person and to which You do not have any right;
– that is 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 whatsoever;
– that harms minors in any way;
– that infringes any patent, trademark, copyright, or other intellectual property rights;
– that violates any law for the time being in force;
– that deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
– that impersonates another person;
– that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
– that 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, prevents investigation of any offence, or is insulting to any other nation;
– that encourages, promotes, or indulges in gambling or money laundering under the applicable anti-corruption and money laundering laws;
– by using any program, software, algorithm, bot, or any manual process to copy or acquire any portion of the Platform or any other material that You are not authorized to access;
– that threatens public health or safety; promotes cigarettes or any other tobacco products or consumption of intoxicants, including alcohol and Electronic Nicotine Delivery Systems (ENDS) and similar products, except for the purpose and in the manner and to the extent approved under the Drugs and Cosmetics Act, 1940, and Rules made thereunder;
– that threatens critical information infrastructure.
**Ezybuying.in** reserves the right to take strict legal actions if it discovers that attempts were made to gain unauthorized access to any part of the Platform not available to authorized users, hacking of registered user accounts, password mining, web scraping, or any attempt to impair the security and integrity of the Platform or any other illegitimate means.
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**Pricing Information**
While **Ezybuying.in** strives to provide accurate product and pricing information, pricing errors or typographical errors may still occur. With respect to products listed by Sellers on the Platform, the price of an item cannot be confirmed until the Buyer has placed an order. Sometimes the price online may not match the price in a store. Prices and availability are subject to change without notice. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, **Ezybuying.in** shall have the right, at its sole discretion, to refuse delivery or cancel any orders placed for that product, unless the product has already been dispatched. In the event that a product is mispriced, **Ezybuying.in** may, at its discretion, either contact the Buyer for instructions or cancel the order and notify the Buyer of such cancellation. The price of a product may vary depending on the price agreed by the Seller. Price can also vary based on campaigns or due to actions such as inventory clearance.
**Ranking & Search Parameters**
Products or Sellers may be ranked on the Platform based on parameters such as keyword relevancy, price, product listing completeness, stock availability, click-through rate, customer rating, conversion rate, paid advertisement listing, and other parameters as determined by **Ezybuying.in** from time to time.
**Payments Related Information**
You agree to provide correct and accurate identification details of the credit card, debit card, or any other pre-paid instrument to the payment aggregator/payment gateway approved by **Ezybuying.in**. You shall not make unauthorized use of any credit card/debit card/pre-paid instruments not owned by You. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. **Ezybuying.in** shall not incur any liabilities arising out of the consequence of any unauthorized use of Your credit/debit card or pre-paid instrument account.
**Payment Facility for Your Orders**
**Ezybuying.in** shall employ third-party payment service providers to facilitate the payment between Buyers and Sellers and for the collection of Platform’s fees and other charges. These third-party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, pre-paid instruments, or through any facility as may be authorized by the Reserve Bank of India for collection, refund, and remittance of payment. We shall under no circumstances be construed as a “payment aggregator” as per the Guidelines on Regulation of Payment Aggregators and Payment Gateways issued by the Reserve Bank of India and amended from time to time.
**Ezybuying.in** shall not be responsible for any damages, interests, or claims arising out of delay/non-completion of a transaction through any third-party payment service providers.
You hereby agree to provide accurate information for purchasing any Service through the Platform. You further warrant that You shall not use payment information or instruments that are not lawfully owned by You. We disclaim any liability arising out of the declining of payment by such bank or financial institution.
While availing any of the payment methods available on the Platform, We will not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to:
– Lack of authorization for any transaction/s, or
– Any payment issues arising out of the transaction, or
– Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by You;
– Decline of transaction for any other reason(s).
**Logistics Facility for Your Orders**
For the purposes of efficient and timely deliveries of the products to the Buyer and return of products to the Seller, either **Ezybuying.in** shall engage with third-party logistic providers for purposes of transportation and end-to-end delivery, or the Seller shall have the option to take the responsibility of the delivery directly to the Buyer or any other method of delivery mutually agreed upon by Buyer and Seller. The Seller and the respective third-party logistics provider, as the case may be, shall be responsible for any damages or loss caused to the Buyer, including but not limited to delays, failure of delivery or return, damaged, defective, and/or substandard products. We bear no liability or responsibility arising on account of such transportation and end-to-end delivery of the product or otherwise.
**Financing Services**
**Ezybuying.in**, in collaboration with banks and financial institutions, will provide financing services to You in the nature of transaction financing and entity-level financing, to facilitate transactions on the Platform. As part of this service, We will connect You and the banks and financial institutions onboarded on the Platform for this purpose and will act as a facilitator for the parties involved. The banks and financial institutions, based on the creditworthiness and other criteria of the prospective borrower, may provide such financing facilities as may be authorized by the Reserve Bank of India for lending and financing purposes. We shall assume no liability and shall not be held responsible in case of any breach of agreed terms or disputes between You and such bank and/or financial institutions.
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Related Party Transactions
Entities are prohibited from entering into transactions with related parties on the Platform. We reserve the right to stop and cancel such transactions and refund the amount to the Buyer and/or to the lending institution (as applicable) if we have sufficient reasons to believe that the transaction(s) is carried out between entities which are related to each other. We shall not be liable (whether in contract, warranty, tort (including, but not limited to, negligence), product liability or other theory), to the Buyer, Seller or any other Person for cost of cover or for any indirect, incidental, special, consequential, punitive or exemplary damages (including damages for loss of revenues, loss profit or anticipated profits, loss of goodwill, loss of business or data) arising out of or in relation to any related party transaction, attempted or completed on the platform.
Communication with Ezybuying.in
In the matters related to the transactions through platform Nodal Account,all the correspondence should be done only on the designated email Ezybuying.in@gmail.com the authorised email Ids of the entities registered on the platform. The Platform will not be under any obligation to act on any communication sent through any other channel including, but not limited to, SMS, emails to any other email ID including emails sent to employees email IDs etc.
Third Party Content
General third-party information such as product catalogues, product description and specifications, lists of dealers, technology and features, advertisements including videos, images and photographs of the products, links to third party Platforms and other data from external sources are made available on the Platform (hereinafter “Third Party Content”). The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Platform. All Third-Party Content is provided on an ‘As Is’ basis. Platform may not own / have the rights and title to any such Third-Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement, or fitness for a particular purpose of any Third-Party Content. Platform shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third-Party Content.
Product Description
While it is Our endeavour to provide You with descriptions, images, and other content pertaining to the product accurately and corresponds directly with the appearance, nature, quality, purpose and other general features of such product, Platform does not warrant that every Product description or other content of this Platform is accurate,
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**Platform Chat and Forum Etiquettes**
**Ezybuying.in** may provide a chat room and a forum for provisioning an interface between Seller and Buyer, which shall be used as a tool for information discovery, genuine product feedback, negotiation, information exchange, and other such constructive purposes. By using the chat room and the forum, You undertake that You shall not:
– Harass, threaten, stalk, abuse, spam, violate privacy, or use grossly insulting, objectionable, libelous, obscene, defamatory, or disparaging statements.
– Upload in any form offensive, pornographic, pedophilic, profane, sexually explicit, hateful, racially, or ethically objectionable, disparaging, or indecent images, videos, text, or any such material.
– Conspire, or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law.
– Directly or indirectly offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.
– Violate, plagiarize, or infringe the rights of any third party, including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party.
– Contain any information advertising of any kind unless You are a registered Seller.
– Contain false or misleading indications of origin or statements of fact.
– Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
– Conduct or forward surveys, contests, pyramid schemes, or chain letters.
– Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
– Use the Platform account belonging to another person to which You do not have the right.
– Harm minors in any way.
– Impersonate another person.
– Threaten the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offense or prevent investigation of any offense or is insulting to any other nation.
– Threaten public health or safety; promote cigarettes or any other tobacco products or consumption of intoxicants, including alcohol and Electronic Nicotine Delivery Systems (ENDS) & like products that enable nicotine delivery, except for the purpose and in the manner and to the extent as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder.
– Threaten critical information infrastructure.
– Violate any applicable laws or regulations.
In the event You come across any abuse or violation of these etiquettes as provided above, or if You become aware of any objectionable content on the Platform, please write to Us at Ezybuying.in@gmail.com
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**User/Customer Generated Remarks, Feedback, and Content**
The **Ezybuying.in** platform may allow You to post certain content, remarks, opinions, feedback, or information of Your own, such as allowing You to rate Products, Sellers, post Your comments, and reviews in relation to Products, as well as submit any suggestions, comments, questions, or other information to the Platform. If You post any such content or material on the Platform, You grant **Ezybuying.in** a non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, along with the right to use the name that You submit in connection with such content.
You shall be responsible for any content that You upload, post, publish, transmit, or otherwise make available on the Platform. You represent and warrant that You own or have obtained all relevant consents and approvals to the content that You post, and that the use of the content does not breach any applicable Platform policies or guidelines and will not cause injury to any person or entity (including that the content is not defamatory). You agree to indemnify **Ezybuying.in** for all claims brought by a third party arising out of or in connection with a breach of any of these warranties. **Ezybuying.in** does not certify or endorse any content posted on the Platform and is not responsible or liable in respect thereof. **Ezybuying.in** shall reserve the right to disable access to any User Content on the Platform.
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**Non-Solicitation and Anti-Spam**
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on the Platform or related to **Ezybuying.in**. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Our prior explicit consent. To protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails a User may send or delete such User account if found repeatedly guilty of such conduct.
**Fraudulent/Declined Transactions**
**Ezybuying.in** reserves the right to recover the cost of goods, collection charges, and legal fees from persons using the Platform fraudulently. **Ezybuying.in** also reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions that breach these terms and conditions.
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**Privacy**
We view protection of Your privacy as a very important principle. We understand clearly that You and Your personal information (as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended from time to time) are one of Our most important assets. We store and process Your information, including any sensitive personal information collected (as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended from time to time), on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available on Our Platform. If You object to Your Information being transferred or used in this way, please do not use the Platform.
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**Trademark & Patent Notice**
**Ezybuying.in**, the **Ezybuying.in** logo, and Our domain are registered trademarks in India. All other trademarks, service marks, and patented processes that appear on this Platform are the property of their respective owners and are used solely to refer to those merchant/vendor/seller’s goods and services.
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**Copyright**
All content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of **Ezybuying.in** or its content suppliers and is protected by Copyright laws.
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**Use of Material on the Platform**
Any material on the Platform is reserved solely for Your personal and non-commercial use. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, including by email or other electronic means, and whether directly or indirectly. You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
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**Intellectual Property Infringement Notification**
**Ezybuying.in** respects the intellectual property belonging to others and takes any event of intellectual property infringement seriously. If You are the owner of intellectual property and believe that Your work has been copied in a way that constitutes infringement, then You can write to Us at Ezybuying.in@gmail.com You can access the Intellectual Property Policy on Our Platform.
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**Anti-Corruption Laws**
You will comply with all applicable laws, statutes, regulations, and codes relating to anti-corruption, anti-bribery, and money laundering (collectively, “Anti-Corruption Laws”). You will not engage in any activity, practice, or conduct which would constitute a breach of any of these Anti-Corruption Laws, or cause **Ezybuying.in** to be in breach of such laws.
**Indemnification**
You agree to defend, indemnify, and hold harmless **Ezybuying.in**, Us, Our parents, affiliates, licensees, and Our respective directors, officers, employees, and agents from and against all liabilities, claims, levies of whatsoever nature, damages, including but not limited to product-related issues concerning quality, quantity, and condition, delay in delivery of products, and all expenses including attorneys’ fees, arising out of or in connection with Your use of the Platform, or any actions or proceedings initiated by any authority (judicial or regulatory) due to any acts, omissions, or inactions on Your part, or Your violation or alleged violation of the Terms listed on the Platform.
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**Disclaimer**
You hereby expressly acknowledge and undertake that You are accessing the **Ezybuying.in** Platform and transacting solely at Your own risk, using Your best judgment before entering into any transaction through the Platform. We shall neither be liable nor responsible for any actions or inactions of the sellers or other affiliate service providers, including but not limited to Logistics, Financing, etc., on the Platform, nor for any breach of conditions, representations, or warranties made by them. At no time shall any right, title, or interest in the products sold through or displayed on the Platform vest with **Ezybuying.in**.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed, displayed, transacted, or the content (including product or pricing information and/or specifications) on the Platform. While we have taken precautions to avoid inaccuracies in content, this Platform, all its content (including the price of products), software, products, and related services are provided “as is,” without warranty of any kind.
Certain Users on the Platform have been provided with an accreditation based on limited diligence and validation of the documents/information provided by such User. While the accreditation has been provided for the benefit of all Users on the Platform, You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment accordingly.
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**Limitation of Liability**
You agree that **Ezybuying.in**, Us, or Our affiliates, associates, partners, directors, staff, officers, employees, agents, and other representatives shall not be liable for any direct, indirect, incidental, consequential, exemplary, tangible, or intangible losses, punitive damages, or any other damages of any kind arising out of (including but not limited to):
– Your use or failure to use this Platform and services provided by it;
– Obtaining substitute products or services, identical or not, at a lesser price;
– Any action or representation of any third party;
– Any program and related matter hosted by **Ezybuying.in**;
– Any violation of Anti-Corruption Laws by You or a third party associated with You;
– Your availing of services of Logistics Service Providers, Financial Service Providers, or any other service providers whose services are made available through the Platform;
– Your availing of services through the Platform, irrespective of verification and bona fides of the Buyer/Seller.
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**Viruses and Malwares**
The possibility of transmission of viruses and other malwares over the internet will always persist, and We caution You about possible contamination of Your system. We assure You that We undertake best efforts to prevent any such malware transmission over the usage of Our Platform. However, it shall be Your responsibility to scan the Platform and any downloaded material from the Platform. **Ezybuying.in** shall not be liable for any damages caused by any malware or related losses, even if the virus originated from the Platform. You shall assume the entire cost necessary for repair, restoration, servicing, and cleansing with respect to such malwares.
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**Termination**
**Ezybuying.in** may, at its discretion, change, discontinue, modify, restrict, suspend, or terminate the Platform or any part of it without any notice or liability to You or any other person. Furthermore, **Ezybuying.in** reserves the right to, at any time, terminate or restrict, temporarily or permanently, Your permission to access and use the Platform without any notice or liability to You or any other person.
If Your access or use of all or any part of the Platform is terminated for any reason, these Terms will continue to apply and be binding upon You in connection to Your prior access to and use of the Platform and anything connected therewith.
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**Term**
The Terms will continue to apply until terminated by either You or **Ezybuying.in** as set forth below. If You want to waive Your obligations, representations, and undertakings made to **Ezybuying.in**, You may do so by:
– Not accessing the Platform; or
– Closing Your Account for all of the Services that You use.
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**Principal to Principal Relationship**
**Ezybuying.in** shall not have any right to conclude any contract for the sale or purchase of Products for and/or on Your behalf, and both You and **Ezybuying.in** have entered this agreement on a principal-to-principal basis.
Nothing in these Terms or other policies published by Us on the Platform or entered into by and between Us and the User shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, agency, joint venture, or formal business entity of any kind, or create a fiduciary or similar relationship among the parties; the rights and obligations of the parties shall be limited to those expressly set forth herein.
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**Grievance Officer**
In compliance with the Information Technology Act, 2000, and the rules made thereunder, in the event any User has any questions, feedback, comments, complaints, or requests regarding these Terms, such respective User may address the same to the designated grievance officer in respect of the Platform. Any complaints or concerns regarding any content on the Platform or any breach of the Terms can be directed to the Grievance Officer, Mr Ashish Arora in writing at the email address **Ezybuying.in@gmail.com**. For any correspondence, you can write to
Ashish Arora
Details with respect to the grievance redressal mechanism shall be provided as a part of the Buyer Protection Program or the Seller Terms and Conditions with the respective User.
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**Representations and Warranties of the Seller**
At all times, the Seller represents, warrants, and covenants the following:
1. The Seller shall not sell a product that is prohibited to be sold under the applicable laws on the Platform.
2. The Seller shall ensure that the Seller and his agents provide true, correct, and accurate descriptions of all the products being sold by the Seller or his agents on the Platform.
3. The Seller shall ensure and obtain all requisite authorizations, approvals, and consents to sell, promote, engage in, and deal with any products owned by third-party brands on the Platform.
4. All the products being sold, promoted, and enlisted on the Platform are genuine and meet industry standards.
5. The Seller shall ensure that they are not infringing any copyright, trademark, trade license, patents, or any rights of a similar nature of any third party or **Ezybuying.in**.
6. The Seller shall not host, display, upload, modify, publish, transmit, update, or share any information or share/list any information that:
– Belongs to another person to which the Seller does not have any right;
– Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, disparaging, or relates to or encourages money laundering or gambling, or otherwise unlawful in any manner;
– Harms minors in any way;
– Infringes any patent, trademark, copyright, or other proprietary rights or third-party trade secrets or rights of publicity or privacy, or shall not be fraudulent or involve the sale of counterfeit or stolen items;
– Violates any law for the time being in force;
– Deceives or misleads the addressee/users about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
– Impersonates another person;
– Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource, or contains any Trojan horses, worms, time bombs, 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;
– Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or insults any other nation.
7. The Seller shall be solely liable for all compliances required under applicable laws.
**Additional Conditions**
You accept that the rights and obligations contained in the Terms, as well as any other documents that are incorporated by way of reference, may be freely and rightfully transferred by us to a third party in the event of a merger or acquisition or any other event leading to a change in control, without the requirement of any prior notice, approval, or consent from you.
All notifications to your attention will be sent to the email address you provided when signing up at the Platform. Messages and notifications sent to said email are considered received after the email has been sent unless we receive a notification stating that the email address is not valid or functioning.
**Governing Law**
These Terms will be governed by and construed in accordance with the laws of India. You agree that any action at law or in equity that arises out of or relates to these Terms and conditions will be filed only in the exclusive jurisdiction of the Courts at Delhi
This Platform is controlled, operated, and administered from office in Delhi (India) **Ezybuying.in** makes no representation that materials on this Platform are appropriate or available for use at locations outside India and access to them from territories where contents are illegal and prohibited. You are responsible for compliance with all international and local laws, which may be applicable when you access this Platform.
**Waiver**
No failure, delay, or omission on the part of **Ezybuying.in**, us, or any of our affiliates to act against any breach by you of the Terms hereunder shall operate as a waiver thereof.
**Severability**
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
**Complete Agreement**
These Terms of **Ezybuying.in** are coextensive and concurrent with the other terms and conditions, including the Privacy Policy, as available/listed on the Platform, represent the entire understanding relating to the use of the Platform, and will prevail over any prior or contemporaneous conflicting or additional communications.
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**Force Majeure**
**Ezybuying.in** or us or our affiliates, associates, partners, directors, staff, officers, employees, agents, and other representatives shall be under no liability whatsoever to any User in the event the performance of Services/Platform is prevented, restricted, delayed, or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, epidemic, pandemic, rationing, inducement of any virus, malware, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo, lockdown, or any law, order, proclamation, regulation, ordinance, demand, or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of us and could not have been prevented by reasonable precautions. We shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whatsoever, amount to a breach by us of our obligations herein or incur any legal liability.
**Conflict**
In the event of any conflict or inconsistency between these Terms of Use and any other document, including but not limited to the Buyer Protection Program – Terms and Conditions and Seller Terms and Conditions document, these Terms of Use shall prevail.
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+91 7065005051
info@ezybuying.in