This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy, and Terms of Service for access or usage of domain name (https://www.toolsvilla.com).

These Terms of Service (the “Terms”) constitute a legally binding agreement between Gramstrong E-Services Private Limited (“Company” or "us" or "we" or "our"), and you (“user” or “you” or “your”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between you and us for the use of our Website, Services, and any of our other websites, mobile or digital applications, or any other services we offer from time to time by or in connection therewith (together referred to as the “Platform” or “Toolsvilla”).

The Platform is owned and operated by Gramstrong E-Services Private Limited having its registered office at 2nd Floor, Shree Hardware Building, Nachan Road, Benachity, Durgapur, Bardhaman, West Bengal - 713213.

We are an online marketplace connecting buyers and vendors in the farming, food processing, DIY, and MRO supply sectors. Our Platform enables users to securely sign up and participate in the buying and selling of a wide range of high-quality tools and equipment, sourced from trusted suppliers across India (the “Services”).

Your use of the Platform and Services is governed by the following Terms as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to these Terms as well as the policies that are applicable to the Platform for such transactions.

For the purpose of these Terms, wherever the context so requires "you" or "user" shall mean any natural or legal person who accesses or uses our Platform or has agreed to become a buyer or vendor on the Platform by registering with us through their device. The applicability of these Terms extends to users regardless of the device type used for accessing our Platform, whether it be a laptop/desktop or a mobile/tablet device.

Further, for the sake of brevity, in applicable contexts, the term "transaction" is defined as the utilization of the Services, initiation of an order, and the facilitation of payment through electronic means and accepted payment methods.

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Policies (including but not limited to the Privacy Policy) as amended from time to time. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.

We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above and the revised Terms shall be effective from such date. You are required to frequently check these Terms and their effective date to understand the terms and conditions that apply to your use of our Services. Your continued use of the Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.

Further, we may change, suspend, and/or discontinue the Services at any time, including the availability of any feature, database, and content on the Platform. We may also restrict users’ access to parts and/or all of the Services without notice and/or liability to the users.

USER ELIGIBILITY

Our Services are directed to be used by adults who are eighteen (18) years of age and above, and who can form legal contracts under applicable laws. By using the Platform, it is assumed that you are competent to form legally binding contracts under applicable local laws of your native country. If a user lacks the competence to enter into a valid contract, they are prohibited from engaging in any activities on the Platform. By visiting, dealing, or transacting on the Platform, the user implicitly represents that they possess the legal competence to enter into valid contracts under the applicable laws.

If you are a minor i.e. under the age of eighteen (18) years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor, if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. We reserve the right to refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years of age and transacting on the Platform.

ACCESS OUR PLATFORM AND SERVICES

Account Registration:

To utilise the Service, you must register with us by setting up a user account (the “Account”). At the time of the sign-up process, you must furnish accurate, current, and complete information, including but not limited to full name, address, contact number, and email address. If you are registering as an entity or a corporation, it is obligatory to furnish the details required in respect of the company. To know in detail what information is required to create an Account, please refer to Clause 2 of our Privacy Policy.

Account Security and Update:

You are responsible for safeguarding your Account credentials and preventing unauthorised access to your Account. Any unauthorised use of an Account must be reported to the Company immediately for investigation.

If you suspect that unauthorised access has been made to your Account, you must notify us immediately by email at [email protected]. We will investigate any alleged unauthorised Account activity. Notwithstanding any other terms pertaining to our right to disable or block access to your Account, we reserve the right to disable or block your Account at any time when it is suspected that unauthorised access has been made to your Account.

If you share or allow others to have access to your Account, you assume exclusive liability and responsibility for all activities conducted on your Account, as well as any resulting consequences.

You acknowledge and agree that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account.

User Responsibilities:

You agree: that your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

to fully comply with all applicable laws and any other contractual terms that govern your use of the Platform (and any related interaction or transaction), including those specific laws applicable to you or your end users in any of your geographical locations;

to regularly and autonomously ensure the preservation and backup of all your Content and processed information concerning your Account;

to provide your Account information accurately and failure to maintain such accurate information, including having an invalid or expired payment method, may result in the inability to access and use the Services;

to maintain the confidentiality of your password and take responsibility for all activities associated with your Account. We retain the right, at our sole discretion, to revoke, reclaim, or modify a username (or first/last name) you choose if we deem, in our judgement, that such username is inappropriate, obscene, or otherwise objectionable;

to notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our Platform arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure;

to not create an Account on behalf of anyone other than yourself without their permission. Additionally, using a username with the intent to impersonate another person, or using a username Account that is subject to the rights of someone else without proper authorization, is not allowed;

to not assign or transfer your Account to any other person or entity;

to provide proof of identity to access or use the Services in certain cases. Refusal to provide proof of identity may result in denial of access to or use of the Services;

that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account, including without limitation, situations where you have neglected to update your mobile phone number and/or email address on the Platform;

that in the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision;

that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use, or your compliance therewith; and

to comply with all applicable laws and use the Services only for lawful purposes.

Account Suspension and/or Deletion:

You agree to (a) diligently log out from your Account at the conclusion of each session, and (b) promptly inform us of any unauthorised use of your Account. In the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision.

You shall be solely responsible for the accuracy and correctness of all such details/information given by you during Account setup. If we have reason to doubt the correctness of any details/information furnished by you or in case any information furnished by you is found incorrect, false, or misleading, we reserve the right to cancel or suspend your Account permanently or for such period as we deem fit.

CONTENT GUIDELINES

In utilising the Platform and/or Services, you may upload, post, provide, publish, display, link to, or otherwise share information essential for the Services through the Platform (collectively referred to as "Content"). By doing so, you provide us with a worldwide, irrevocable, non-exclusive, royalty-free licence to employ, reproduce, store, adapt, publish, translate, and distribute Content within the operational scope of the Platform's functionalities. This includes but is not limited to, promotional and advertising purposes across any media now known or hereafter devised. You acknowledge that we may utilise any Content you consistent with our Privacy Policy on the Platform and you shall not be entitled to any payment or other compensation for such use. It’s your responsibility to ensure that your Content abides by applicable laws and any agreement entered into. We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of your Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Content must comply with the Content Standards set out in this Clause. The Content must not-

contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, or our Privacy Policy.

be likely to deceive any person.

promote any illegal activity, or advocate, promote, or assist any unlawful act.

cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

impersonate any person, or misrepresent your identity or affiliation with any person or organisation.

involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable laws, and regulations, or infringe or misappropriate any rights of any person or entity.

You confirm that you possess and will continue to maintain the complete authority, ownership, licences, consents, and permissions necessary to authorise Platform to access the Platform or any part thereof. This authorization allows for the importing, exporting, copying, displaying, uploading, publishing, transmitting, and/or any other utilisation of your Content.

You acknowledge that we may or may not pre-screen all or any part of the Content. However, we retain the right (but are not obligated) to pre-screen, refuse, or remove any Content and/or products from the Platform at any time, for any reason. This includes, but is not limited to, instances where we receive claims, allegations, or complaints from third parties and/or authorities related to such Content, or for no reason at all. However, we do not endorse or guarantee the accuracy, completeness, or reliability of any Content.

You agree that you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission, and publication of any personal information and/or image or likeness of any person, entity, or property which is part of the Content, and you will adhere to all laws applicable thereto. Further, your Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your Platform’s visitors reside.

Feedback and Reviews: The following terms constitute the “Feedback and Reviews Policy”-

In order to improve user experience, the Platform facilitates users to rate and provide reviews regarding the products on the Platform and such information shall be available publicly on the Platform.

The buyers may leave ratings and reviews on the products purchased on the Platform. The Company shall not bear any responsibility for any adverse comment or rating of the products on the Platform.

If you provide us with any suggestions, comments or other feedback relating to our Services and/or Platform, which may or may not be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by our Company. By providing such Feedback to us, you acknowledge and agree that it may be used by us in order to: (i) further develop, customise, and improve our Services and/or Platform, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalised platform-related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor, and offer certain promotions, and monitor performance, (v) create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our Services, (vi) enhance our data security and fraud prevention capabilities, and (vii) comply with any applicable laws and regulations.

If you submit any Feedback, we may use such Feedback for any purpose without any compensation or obligation to you. We reserve the right to remove/disallow any Feedback posted in our public forums for any reason at our sole discretion.

You warrant that you possess or otherwise hold all the rights to the Feedback you post or provide on the Platform. As of the submission date of the content or material to us, you affirm that:

You will provide accurate and unbiased reviews after utilising each Service, avoiding discriminatory, offensive, or defamatory language;

You shall not make use of coercion, intimidation, or manipulation to influence reviews, including offering compensation for positive reviews or threatening consequences for negative ones;

Reviews should not be exchanged for value, such as discounts, refunds, or reciprocal reviews, and must not be used to deceive or mislead others;

Reviews must offer relevant information about the reviewer’s experience to assist other customers in making informed decisions.

the use of the Content and material you provide complies with all our policies or guidelines and will not cause harm to any person or entity (including non-defamatory content);

You agree to indemnify us for any claims brought by a third party against us arising from or in connection with a breach of these warranties.

ORDER, SALE, AND FULFILLMENT

Placing Orders:

We allow you to place orders for the products listed on the Platform and facilitate the placement of your orders, subject to these Terms. Upon placing an order on the Platform, your order constitutes a confirmed purchase.

Once an order is placed, a confirmation will be sent to you. This confirmation finalizes the transaction, and the vendor is responsible for processing the order. All product details, including applicable taxes, platform fees, and any additional surcharges such as extra shipping costs or Cash on Delivery (COD) fees (if applicable), will be shown in the order summary before checkout. Shipping costs are generally included within the product cost, except in cases where additional charges may apply depending upon the delivery location and other relevant factors.

Our Platform offers the option for buyers to make payments through Cash on Delivery (COD) along with online payments for their orders. Please note that COD is available for specific products and delivery locations as determined by us and/or vendors, as the case may be. The availability of COD may be subject to limitations based on delivery location, product type, or other factors, and Buyers are encouraged to check the availability of this payment method at checkout. We reserve the right to modify or discontinue this payment option at any time without prior notice.

Fulfillment of Orders and Delivery:

The vendor is solely responsible for the timely and accurate fulfilment of orders, ensuring that the products shipped match the descriptions and specifications outlined in the listing. The vendor must ensure sufficient stock levels and fulfil orders within the agreed-upon timeframes.

You understand and agree that Toolsvilla acts as a marketplace platform and intermediary, facilitating transactions between buyers and vendors. While Toolsvilla provides a secure environment for order placement and payment processing, it does not inspect the products. Further, you acknowledge that although Toolsvilla facilitates logistics services, shipment tracking and coordinates with courier services for prompt delivery to the buyer’s doorstep, it is not liable for any issues related to product quality, accuracy, or defects. All responsibility for product content, compliance, and fulfilment lies with the vendor.

Coupons and Discounts:

Buyers may avail of promotional discounts or coupon codes during the checkout process, depending on the product they wish to purchase. Each discount or offer is governed by the applicable provisions of these Terms, including details on usage, limitations, applicability, restrictions, and validity. You understand that while we currently provide these discounts, in the future, discounts and coupons may also be offered by vendors. The availability of such discounts may vary based on the product and the vendor’s offerings. Buyers are advised to review the applicable discount terms before making a purchase.

We reserve the right to update or change these terms based on factors such as usage patterns, regulatory requirements, and other considerations, with any changes communicated to users without prior notice.

Order Dispatch and Delays:

Once the vendor has prepared the order for dispatch, buyers will receive tracking information and estimated delivery times. If there are any issues during transit, Toolsvilla will coordinate with its courier partners to resolve the issue. Expect email updates detailing your order's status, which can also be accessed in your Account section on the Platform.

In case of significant delays, buyers may choose to cancel their order. Buyers may cancel their order for a full refund if the cancellation request is made before the product has been dispatched. If a cancellation request is made after the product has been dispatched, a courier fee will be deducted.

PRODUCT SAFETY AND USAGE GUIDELINES

You acknowledge that all products sold on the Platform are sourced from trusted and verified vendors and are designed to meet industry safety standards. However, users are responsible for ensuring that they follow all recommended safety guidelines while handling tools, machinery, and equipment purchased from the Platform. Before use, please thoroughly read the product manuals and safety instructions provided by the manufacturer and/or vendor.

Users understand and acknowledge that tools, machinery, and equipment can pose safety risks if not used correctly. Buyers are strongly advised to:

wear appropriate safety gear such as gloves, helmets, goggles, or protective clothing depending on the type of product.

ensure that the work environment is safe and suitable for operating the product.

keep products away from children or untrained individuals to avoid accidental misuse or injuries.

ensure that the tools or machinery are operated by qualified individuals or those with the appropriate knowledge and training.

Buyers should inspect the product upon delivery for any signs of damage or defects. Any issues should be reported to us immediately. Do not use any product that shows signs of malfunction, damage, or defect, as this may lead to injury or further damage.

Regular maintenance of tools and equipment is crucial for optimal performance and safety. Follow the manufacturer’s instructions regarding the care, cleaning, and maintenance of each product.

Many products available on Toolsvilla come with a manufacturer’s warranty. It is the responsibility of the Buyer to understand the terms and conditions of the product warranty, and to ensure the product is used in compliance with the manufacturer’s guidelines to maintain warranty coverage.

You agree that we act as a platform to connect buyers and vendors and are not liable for any damages, injuries, or losses arising from improper use, mishandling, or failure to follow safety guidelines as outlined by the product manufacturer. In case of warranty claims, the buyer should contact the Vendor or manufacturer directly, as per the warranty terms.

Additionally, power tools and heavy machinery require extra caution during operation. Please ensure:

all electrical connections are secure and suitable for the product's power specifications.

only operate the machinery in a stable, well-ventilated area, ensuring that all safety guards and protective measures are in place.

power tools and machines are turned off and unplugged when not in use or during maintenance to prevent accidental activation.

You understand and agree that every product has limitations regarding its intended use. Buyers are advised not to exceed the recommended capacities, pressures, or loads as specified in the product manual. Exceeding these limits may result in damage to the product or pose safety hazards.

To the fullest extent permitted by law, Toolsvilla:

disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement concerning any product sold through the Platform.

is not responsible for the accuracy or completeness of product descriptions, specifications, or safety guidelines as provided by the vendors or manufacturers.

will not be liable for any indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, loss of data, personal injury, or property damage arising from the use or inability to use the products.

does not guarantee uninterrupted access to the Platform and disclaims any responsibility for delays or errors in fulfilling orders due to factors beyond our control, including but not limited to force majeure events, supply chain disruptions, or shipping delays.

TERMS OF SALE

Please note that the products are sold only in quantities as provided in the terms and conditions of the vendor. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders hit a quantity limit as set by the vendor.

We do not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products proposed to be sold or offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. Further, we accept no liability for any errors or omissions, whether on behalf of the vendor or other third parties.

We are not responsible for any non-performance or breach of any contract entered into between buyers and vendors. We cannot and do not guarantee that the concerned buyers and/or vendors will perform any transaction concluded on the Platform. We shall not and are not required to mediate or resolve any dispute or disagreement between buyers and vendors.

We are not responsible for the unsatisfactory or delayed performance of Services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.

The Platform is only an e-commerce platform that can be utilised by users to consume Services. We are only providing an online platform for communication and it is agreed that the contract for the sale of any of the products or Services shall be a strictly bipartite contract between the vendor and the buyer.

PAYMENT TERMS

Users are authorised to use valid credit/debit cards, or any other accepted payment methods, including online banking facilities, for transactional activities on our Platform. Users are required to provide accurate and complete details of their credit/debit cards or online banking accounts. It is the user's responsibility to ensure the correctness of the information provided, and any incurred costs, expenses, losses, or damages resulting from the submission of incorrect details are solely the user's responsibility.

We disclaim any responsibility and liability for any loss or damage incurred by users during the utilisation of available payment methods on the Platform. This includes but is not limited to, instances such as:

Lack of authorization for a transaction;

Exceeding the mutually agreed preset limit between the user and the respective bank;

Payment issues arising from the transaction; and/or

Transaction being declined due to any other reasons.

All payments made against the purchases on the Platform by you shall be compulsorily in Indian Rupee (INR). The Platform will not facilitate transactions concerning any other form of currency with respect to the purchases made on the Platform. If you choose to pay using a different currency, the applicable conversion rate will apply, and any conversion costs will be borne by you alone.

We use Razorpay and Easebuzz as a provider of payment gateway services (“Payment Processors”) on the Platform. You acknowledge and agree that any payment made on the Platform shall also be subject to the terms and conditions of our Payment Processors.You are encouraged to review their terms and conditions. Further, you agree and acknowledge that in the future, we may utilise the services of other payment services providers and you shall be subject to their terms and conditions as and when applicable.

By accepting these Terms, you expressly authorise us and the Payment Processor to electronically collect, process, facilitate, and remit payments, including the transaction amount, through electronic means between users on the Platform.

You acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor financial service. Instead, we function as a facilitator, offering an electronic, automated online payment, and remittance facility for transactions on the Platform through the existing authorised banking infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction, thereby absolving itself from such responsibilities.

Prior to shipping or delivering your order, the vendor may request you to furnish supporting documents, such as government-issued ID and address proof, to validate the ownership of the payment instrument used for the purchase. This measure is implemented in the interest of creating a secure online shopping environment for our users.

The transactions, and all commercial terms, including the delivery and dispatch of products, are based on principal-to-principal bipartite contractual obligations between the buyer and the vendor. The payment facility is utilised by the buyer and vendor to facilitate the completion of the transaction. It is important to note that the use of the payment facility does not impose any liability on us for issues such as non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services, or fraud related to the products listed on the Platform.

We affirm that the information provided by the user in this regard will be treated as confidential and will not be divulged to any third party, except as necessitated by the applicable laws, regulations, and/or processes of any government authority, and/or in connection with any judicial proceedings pertaining to legal actions, suits, and/or proceedings arising from or related to these Terms.

We diligently report and pursue both confirmed and suspected instances of credit/debit card fraud. We may request additional authorization from the user, including but not limited to telephone confirmation of the order and/or other pertinent information. The decision to seek further authorization rests solely with us. We retain the right to annul, postpone, decline delivery, or retract any order in case of suspected fraud. We shall not be held liable to the user for any losses arising from such cancellation.

During the order process, we collect specific information such as user ID, time, date, IP address, and other relevant details aimed at identifying individuals involved in fraudulent activities. In cases where an order is suspected to be fraudulent, all records will be provided, with or without a subpoena, to law enforcement agencies and the credit/debit card company for a thorough fraud investigation. We are committed to collaborating with authorities to ensure the prosecution of offenders to the maximum extent permitted by law.

You can manage your payment settings through your Accounts. Payments are processed securely through the Platform's designated payment gateway.

Payment Facility for Buyers:

As a buyer, you acknowledge that when initiating a transaction, you are entering into a legally binding and enforceable contract with the vendor. This contract entails the purchase of products from the vendor using the payment facility. You are obligated to pay the transaction amount through your issuing bank via the payment facility available on the Platform. This establishes a clear legal framework for the transaction.

We retain the right to set restrictions on the number of attempts that the Platform may accept from an individual utilising a valid credit/debit card and valid bank account or any other approved financial instrument. This encompasses transactions conducted through the Payment Processor or any facility authorised by the Reserve Bank of India to provide support for the collection and remittance of payments. Furthermore, we reserve the right to decline processing transactions that surpass these predefined limits.

We reserve the right to postpone the notification of payment confirmation in cases it is found to be suspicious or for buyers engaged in high transaction volumes, ensuring the safety of the transaction and transaction amount. Furthermore, we may retain the transaction amount and refrain from instructing the vendor to dispatch or remit the purchased item. We may be required to cooperate with law enforcement officials, redirecting the funds to them (instead of issuing a refund to the buyer) upon their request or in the event of the buyer's involvement in any form of illegal activity.

By selecting Cash on Delivery (COD) payment method, buyers agree to pay the total order amount in cash at the time of delivery. Buyers further acknowledge and agree that they are responsible for ensuring that the total order amount, including any applicable shipping costs, surcharges, and taxes, is available in cash at the time of delivery, if applicable.

If the buyer has selected the Cash on Delivery (COD) option and is either unavailable to accept the order at the designated delivery address or refuses to make payment at the time of delivery, the buyer acknowledges and agrees that, depending on the nature of the products and/or the terms and conditions of the vendor, we reserve the right to take any of the following actions:

A re-attempt for delivery may be made; and/or

The delivery may be cancelled, and the order returned to its source.

We reserve the right to charge a nominal fee for failed delivery attempts, which will be communicated to the buyer in advance.

You acknowledge and agree that we are not responsible for any cash transactions made between the buyer and the delivery personnel. Buyers are advised to ensure the accuracy of the cash payment amount at the time of delivery.

The users acknowledge that we will not be liable for any damages, interests, claims, etc., resulting from the non-processing or any delay in the processing of a transaction or transaction amount, which is beyond our control.

Taxes: You are responsible for the payment of all fees, costs, and charges associated with the purchase of products from us, and you agree to bear any and all applicable taxes, including but not limited to VAT/CST, service tax, GST, duties, and cesses, etc.

Compliance with Laws: Users shall comply with all applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, rules and notifications issued thereunder, the Master Circulars / Directions as may be issued by the Reserve Bank of India, Customs Act, 1962, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, and the Income Tax Act, 1961 and the rules made thereunder, for using the payment facility and our Website.

RETURNS, REFUNDS, AND CANCELLATION

All returns, refunds, and cancellations for the products are governed by our Return and Cancellation Policy. For any further assistance, you can reach our support team at [email protected].

LICENCE FOR PLATFORM ACCESS

Subject to your compliance with these Terms and the payment of applicable fees, if any, we provide you with a limited licence to access and make personal use of this Platform. However, you are not authorised to download any content (other than page caching) or modify the Platform, or any portion of it, except with our express written consent. This licence explicitly excludes any resale or commercial use of this Platform or its contents, the collection and use of any product listings, descriptions, or prices, any derivative use of this Platform or its contents, any downloading or copying of Account information for the benefit of another vendor, or any use of data mining, robots, or similar data gathering and extraction tools.

INTELLECTUAL PROPERTY RIGHTS

Ownership Rights: You acknowledge that no ownership of the Platform is being transferred. All rights, Intellectual Property, and interests in the Platform remain the exclusive property of the Company, its affiliates, or its licensors.

Intellectual Property Rights: All rights, title, and interest in and to the Platform, including any and all of which is or copyrightable materials or any other content that may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, and widgets, literary work, source, and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Platform Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to the Company.

Subject to the provisions of these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our Platform strictly for its intended purposes. This licence explicitly does not confer any ownership rights to you, and any unauthorised use constitutes a material breach of these Terms.

All copyright and other intellectual property rights in the material on our Platform are reserved.

All intellectual property rights discovered, developed, or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Platform or the provision of any Services will automatically vest in and are assigned to us, including any enhancements, improvements and modifications to the Intellectual Property. You must not represent to anyone or in any manner whatsoever that you are the proprietor of the Platform and/or Intellectual Property.

We respect the intellectual property rights of others, and you are expected to do the same. Uploading, posting, or otherwise transmitting any content that infringes on the Company's or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content.

These Terms of Service permit you to use the Platform for your personal use only. This means you are not permitted to resale or give away any of the content you view or download. You are not permitted to reproduce, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our Platform, except as follows:

Your computer may store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download a reasonable number of pages of the Platform for your own personal use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user licence agreement, if any, for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: Modify copies of any materials from this Platform.

You must not: Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

You must not: Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.

These Terms do not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited licence expressly granted above. Nothing in these Terms constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.

Use of Your Intellectual Property:

You retain ownership rights to your Content. By providing us with the Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content. To the extent that your Content includes personal information of you or third parties, it will be handled in accordance with our Privacy Policy.

You acknowledge and agree that:

if you elect to upload any information or any Content to the Platform you:

represent and warrant that you either have the rights in that information or Content or have the necessary permission to upload, post, transmit or otherwise make available that information or Content via the Platform;

are solely responsible for that information or your Content and that we will not be liable for any loss, expenses, liabilities, costs, or damages that are caused by the information you provide on the Platform; and

you have procured all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Platform or the Services to you.

For the avoidance of doubt, and in accordance with all applicable privacy laws, it is your responsibility to ensure that you have received prior consent from the third party required for you to provide to us their information for use under these Terms.

You agree that we may refer to you, your business name, publish your logo and/or trademark and make reference to you as a customer of ours in any communications or publications for the purposes of marketing or promoting our business provided that any proposed communication or reference is approved in writing in advance by you.

REPORT COPYRIGHT INFRINGEMENTS

You agree not to upload or transmit any communications or your Content that infringe or violate the rights of any party while using the Platform. We do not permit infringing materials to remain on the Platform and encourage users to promptly notify us if they believe any materials on the Platform, including advertisements or linked Content, infringe third-party copyrights.

Upon receipt of a proper notice of claimed infringement under the Copyright Act,1957 (the “Act”), we will respond promptly to remove or disable access to the allegedly infringing material. We will follow the procedures specified in the Act to resolve the claim between the notifying party and the alleged infringer responsible for the Content.

To report copyright infringement issues, please reach out to us at [email protected].

We reserve a right to terminate contractual relationships with third parties who repeatedly infringe the copyrights of others.

In the event that we receive notice regarding a copyright infringement, we may cancel your Account, or remove the Content in our sole discretion, with or without prior notice to you. Any notices filed pursuant to this, may be deemed accepted, applicable, and compliant with the Act, or not, at our sole reasonable discretion. We reserve the right to notify the person or entity providing the infringement notice of such an action and provide any details included therein.

The Company has no obligation to monitor or enforce any intellectual property rights that may be associated with the Content you provide to us, but the Company does have the right to enforce such rights through any means it sees fit.

ACCEPTABLE USE POLICY

The following terms constitute our “Acceptable Use Policy”:

Subject to your compliance with these Terms, including the 'Prohibited Uses' defined in Clause 11.5 below, we grant you a non-exclusive, non-transferable, revocable license to:access the Services; and download any portion of the Content provided by you for utilizing our Services.

Subject to compliance with these Terms, we may offer to provide the Services, as more comprehensively described on the Platform. These Services, selected by you, are intended solely for your own use and are not to be used or exploited for the benefit of any third party.

The provision of Services will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability or the accuracy of any Content.

We explicitly disclaim any responsibility for any harm resulting from the use, viewing, or downloading of any Content from the Platform. If you choose to access or use any Content, it is your responsibility to take necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. You acknowledge and agree that we shall not be liable for any damages that may arise from your use of the Content on the Platform.

Prohibited Uses:

While using the Platform, users consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming, hacking, and any actions that could disrupt the operations of the Platform.

While using the Platform users are strictly prohibited from assuming the identity of others, utilizing counterfeit accounts, or indulging in any conduct that may falsely represent their identity.

You are prohibited from downloading any material from our Platform or saving any such material to your computer without our express permission.

You shall not edit or otherwise modify any material on our Platform unless you own or control the relevant rights in the material.

You are also expressly prohibited from:

Republishing or redistributing material from our Platform;

Selling, renting, or sub-licensing material from our Platform;

Showing any material from our Platform in public; or

Exploiting material from our Platform for a commercial purpose.

You are prohibited from probing, scanning, or testing the vulnerability of our Platform without our permission.

You are prohibited from using our Platform to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You are prohibited from decrypting or deciphering any communications sent by or to our Platform without our permission.

You shall not conduct any systematic or automated data collection activities, which include without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Platform without our express written consent.

You shall not use our Platform except by means of our public interfaces.

You shall not use data collected from our Platform for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing, and direct mailing.

You must not do anything that interferes with the normal use of our Platform.

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Additional activities that are prohibited

You may not access or use the Platform and/or our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Platform, you agree not to:

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and Services and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Platform in order to harass, abuse, or harm another person.

Make improper use of our Platform and/or Services or submit false reports of abuse or misconduct.

Use the Services in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform and/or Services.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Platform and/or Services designed to prevent or restrict access to the Platform and/or Services, or any portion of the Platform and/or Services.

Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform and Services.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorized script or other software.

Make any unauthorized use of the Platform and/or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating User Account(s) by automated means or under false pretenses.

PROFANITY POLICY

We strictly prohibit the use of racist, hateful, sexual, or obscene language in any public area on the Platform. This policy encompasses text within listings, dashboards, reviews, customer support and all other sections of the Platform that may be viewed by other users. You are encouraged to report any violations of this policy for prompt review, including without limitation:

offensive display names; and/or

offensive language in a listing or otherwise.

If any feedback comment, communication between users on the Platform, or email exchange related to transactions conducted on the Platform includes profanity, you are encouraged to submit a formal request at [email protected].

Disciplinary action may result in the indefinite suspension of your Account, temporary suspension, or a formal warning.

EMAIL ABUSE AND THREAT POLICY

Private communication, including email correspondence and chat support, conducted by you is not directly regulated by us. We strongly encourage you to maintain a professional, courteous, and respectful tone when communicating. While we generally do not intervene in private communications, we will thoroughly investigate and take appropriate action against certain types of unwanted emails and communications that violate any or all of our policies.

One such violation includes without limitation, spoof (fake) emails. It is essential to note that we will never request sensitive information from you through email. If you ever receive a spoof email claiming to be from us and asking for sensitive information, we urge you to promptly report it to us at [email protected] for further investigation and necessary action.

FAIR USAGE POLICY

As part of our commitment to maintaining a high-quality user experience, we monitor vendor activities on our Platform. This includes keeping records of vendor transaction history and other pertinent details related to Platform usage. These practices are in place to ensure that all vendors engage with our services responsibly and in accordance with our policies.

In cases where there is evidence of misuse of our Platform or a breach of these Terms, such as excessive order cancellations or unjustified refusal to fulfil orders that are not incorrect or defective, we reserve the right to cease providing our Services to the vendor.

CLAIMS AGAINST OBJECTIONABLE CONTENT

While you have the responsibility to ensure that the product specification page on the Platform includes accurate and compliant details, including but not limited to:

The total price in a single figure for any goods or services, along with the breakup of the price, displaying all mandatory and voluntary charges such as delivery charges and applicable taxes, as applicable. These details will also be available on the invoice issued to the buyer.

Mandatory notices and information mandated by applicable laws.

Products and services offered by the vendor, including the place of origin, which is essential for enabling the buyer to make an informed decision at the pre-purchase stage; and/or

Importer information and guarantees related to the authenticity or genuineness of the imported Products.

If you encounter objectionable content, including content that falls within any provision of these terms, please contact us at [email protected].

USER REPRESENTATIONS

By using the Platform, you represent and warrant that:

all the information you submit will be true, accurate, current, and complete;

you will maintain the accuracy of such information and promptly update such information as necessary;

you have the legal capacity and you agree to comply with these Terms;

Your use of the Platform shall be solely for your own purposes and you shall not authorize others to use your Account;

If you register on our Platform as the representative of any entity, you represent that you are authorized to act on behalf of such entity and that such entity shall be bound to comply with these Terms upon your acceptance of these Terms.

you are not a minor in the jurisdiction in which you reside and you are responsible for adhering to your country's laws when accessing our Platform and utilizing our Services, given that the Company is located in India.

you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise.

you will not use the Platform for any illegal or unauthorized purpose; and

your use of the Platform will not violate any applicable law or regulation.

LINKS TO THE THIRD-PARTY SITES

We may provide links to third-party sites on our Platform as a convenience to you. You hereby acknowledge that when you access third-party sites, you do so at your own risk.

You understand that external sites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources. The inclusion of any link does not imply endorsement or sponsorship by us or any association with its operators.

We may provide access to services from external or third-party service providers, seamlessly integrated into our Platform. You acknowledge and agree that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.

You are advised to exercise caution when navigating external sites and using integrated services and carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

We reserve the right to modify or remove links to third-party sites and services at any time without notice. Continued use of our Platform constitutes acceptance of any modifications to the links provided.

You acknowledge that we collaborate with external or third-party service providers to enhance the user experience. Any collaborative efforts aim to improve services but are subject to the terms and conditions agreed upon with the respective service providers.

You may be notified when you are leaving our Platform and redirected to access a third-party site or service. Additionally, we are not responsible for any content, advertisements, products, or other materials available on external sites or through integrated services.

COMMUNICATIONS

While utilizing the Platform or transmitting emails or other data, information, or communication to us, you acknowledge and consent that you are engaging with us through electronic records. You agree to receive communications via electronic records from us periodically and as necessary. Our communication with you may occur through email or any other mode of communication, electronic or otherwise.

NON-CIRCUMVENTION

Users agree not to circumvent, avoid, bypass, or obviate the Company in any transactions initiated through the Platform. This includes, but is not limited to, direct communication or business dealings with the other party, including third-party affiliates, for the purpose of avoiding fees, commissions, or the established processes of the Company.

All transactions facilitated via the Platform must be conducted through the Platform, and any attempt to conduct business outside of the Platform, with the intent to bypass Toolsvilla’s Services or obligations, will be considered a breach of these Terms. The Company reserves the right to take necessary legal or operational actions in the event of a violation, including but not limited to penalties, Account suspension, or termination of access to the Platform.

In the event of a breach or threatened breach of this Clause 19, the Company shall be entitled to seek injunctive relief, specific performance, and any other equitable relief, in addition to any other rights or remedies available at law or in equity, to prevent or remedy such breach.

AVAILABILITY OF THE PLATFORM

While we do our best to keep the Platform and Services up and running all the time, we can't promise it will always be perfect. Sometimes, there might be interruptions, delays, or errors, or the Platform might not be free of viruses. If there are any problems, we'll try our best to fix them as soon as possible.

You need the internet to use the Platform, and you'll have to cover the costs for that. We won't be responsible for those costs.

The Platform might not work with every device or software out there, and sometimes we'll need to update it, which might make some parts temporarily unavailable.

We're not liable for any business losses or other indirect losses you might experience while using the Platform.

You're responsible for having the proper internet connection and devices to use our Services. If you use wireless devices, you might have to pay extra fees to your mobile network. And while we try to make sure our Services work on most devices, we can't guarantee they'll work perfectly on every single one.

PRIVACY AND SECURITY

Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

TERMINATION

These legal Terms shall remain in full force and effect while you use the Platform and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES AND/OR PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR USER ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Users have the liberty to terminate their Accounts whenever they wish by adhering to the instructions that are clearly outlined on the Platform.

Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Platform and/or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

WARRANTIES AND DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

You acknowledge that the Company will undertake no liability in the event there is any discrepancy or mismatch in product information with the actual product that may lead to a diluted user experience which can lead to unnecessary returns and refunds impacting your performance ratings in future as well as the final payment remittance to you.

You understand that any contract for the sale of any product or service shall be a strictly bipartite contract between the vendor and the buyer. The Platform maintains control and involvement in the negotiation or acceptance of these terms at its discretion, reserving the right to determine or provide guidance on such terms.

You expressly agree not to accept orders directly once connected through the Platform. All orders, without exception, must be processed exclusively through the Platform.

Except as provided in these Terms, no further warranty, condition, undertaking, or term, express or implied, statutory or otherwise as to the condition, quality, performance, or fitness for the purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.

We do not recommend the use of the Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

LIMITATION OF LIABILITY

We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilisation or inability to utilise the Platform and/or Services.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform and/or Services, even if we have been advised of the possibility of such damages.

We shall not be liable for:

Unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;

The Platform not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;

Internet transmissions not being entirely private or secure; messages may be read by others; and/or

Under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the Platform and/or Services. You should be aware of potential risks in internet transmissions.

Furthermore, we shall not be liable for any harmful effects, including physical injury or property damage, resulting from the use of products purchased through the Platform. The vendor is solely responsible for ensuring that all products meet specified quality standards, certifications, and safety requirements. The buyer acknowledges that the vendor is obligated to maintain quality as per the stipulated specifications and certifications, and any deviation from these standards is the sole responsibility of the vendor.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.

INDEMNIFICATION

You are solely and exclusively responsible for your use of the Services:

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) your use of the Platform, Services, and/or the Content; (3) the non-performance or harmful effects of products that are not in line with the specified requirements; (4) breach of these Terms; (5) any breach of your representations and warranties set forth in these Terms (6) your violation of the rights of a third party, including but not limited to intellectual property rights; (7) any overt harmful act toward any other user of the Platform with whom you connected via the Platform; or (8) any inaccuracies or errors in the results provided by the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

DISPUTE RESOLUTION AND GOVERNING LAW

You expressly acknowledge and agree that we shall have the right to enforce these Terms against you.

This Agreement shall be construed in accordance with the applicable laws of Durgapur West Bengal , India.

In the event that a dispute or difference arises in connection with the (i) these Terms (ii) your access to or use of our Platform and/or Services, the parties to the dispute shall attempt in the first instance to amicably resolve such dispute through mutual consultations. If the dispute is not resolved within a period of 30 (thirty) days from the date of commencement of discussions or for a longer period as the parties may agree in writing, then a party may refer the dispute to arbitration. The arbitration shall be conducted in English by a sole arbitrator appointed jointly by the parties, as far as possible. The arbitrator must issue a final decision within one (01) month from the commencement of arbitration proceedings. The place of arbitration shall be Durgapur West Bengal, India .The award of the arbitration proceedings will be final and binding on both parties to the Agreement.

In the event that the Parties are unable to agree upon an Arbitrator, any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, performance, or termination, you agree that (i) we have the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Durgapur ,West Bengal, India.

MISCELLANEOUS

You understand that we will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions, or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence the provision of the Services as soon as reasonably practicable.

We may assign any or all of our rights and obligations to any person or affiliate entity at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

You acknowledge that there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.

CONTACT

If you require further information or have any inquiries or concerns regarding the Terms of Service, please do not hesitate to contact us in writing at:

Email: [email protected]