User Agreement- This document is an electronic record in terms of 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.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the estockyy website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. estockyy reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to estockyy's notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
Platform for Transactions and Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
The Website is a platform that Users utilize to meet and interact with one another for their transactions. estockyy is not and cannot be a party to or control in any manner any transaction between the Website's Users.Consequently:
1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. Estockyy.com/in does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
2. Estockyy.com/in is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Estockyy.com/in cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Estockyy.com/in shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. Estockyy.com/in does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Estockyy.com/in does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Estockyy.com/in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Estockyy.com/in does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
5. Estockyy.com/in does not at any point of time during any transaction between buyer and seller on Website come into or takes of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer. Estockyy may provide fulfillment and logistics services to certain merchants/sellers but still does not take possession or title of any product or service sold.
6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Estockyy.com/in is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the buyer. At no time shall any right, title or interest over the items vest with ShopClues.com nor shall ShopClues.com have any obligations or liabilities in respect of such contract. ShopClues.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
7. At no time shall any right, title or interest over the items vest with Estockyy.com/in nor shall Estockyy.com/in have any obligations or liabilities in respect of such contract. Estockyy.com/in is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
9. You release and indemnify Estockyy.com/in and/or any of its shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Estockyy.com/in cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
Disclaimer: You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. estockyy does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. estockyy does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. estockyy does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. estockyy accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. estockyy is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. estockyy cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. estockyy shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. estockyy does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. estockyy does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. At no time shall estockyy hold any right, title or interest over the products nor shall estockyy have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. estockyy is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. estockyy is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall estockyy hold any any right, title or interest over the products nor shall estockyy have any obligations or liabilities in respect of such contract.
estockyy is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
9. You release and indemnify estockyy and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, estockyy cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) 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, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, 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.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms estockyy, Flyte, Digiflip, Flipcart, estockyy.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of estockyy or sellers on platform or otherwise tarnish or dilute any estockyy's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or estockyy's systems or networks, or any systems or networks connected to estockyy.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. estockyy shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by estockyy. estockyy encourages its Users to be professional, courteous and
respectful when communicating by email.
However, estockyy will investigate and can take action on certain types of unwanted emails that violate estockyy policies.
Threats of Bodily Harm - estockyy does not permit Users to send explicit threats of bodily harm.
Misuse of estockyy System - estockyy allows Users to facilitate transactions through the estockyy system, but will investigate any misuse of this service.
Spoof (Fake) email - estockyy will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are
requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - estockyy's spam policy applies only to unsolicited commercial messages sent by estockyy Users. estockyy Users are not
allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of estockyy - estockyy prohibits email offers to buy or sell listed products outside of the estockyy Website. Offers of this
nature are a potential fraud risk for both Buyers and Sellers.
estockyy policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
Limits on account privileges
Cancellation of listings
Loss of special status
Estockyy does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, estockyy assumes no responsibility for examining or evaluating the products and services offered by them. Estockyy do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). estockyy does not endorse, in any way, any third party website(s) or content thereof.
Fees and Services
Membership on the Website is free.Estockyy.com/in does not charge any fee for browsing and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy.Estockyy.com/in reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to ANIMUS INFOCOM Private Limited within such time as specified in the invoice.
1. How fee is charged and payment schedule. We process online payments on behalf of merchants and send the money to merchant after deducting our service fees. Merchants do not have to deal with online payments as we take care of it. The merchants need to provide certain banking and accounting information to set-up online bank transfer account. We have a weekly payment cycle. Every Friday, the money (i.e. order final value minus our service fees) pertaining to all orders completed two weeks prior to the relevant Friday will be electronically transferred to your mentioned bank account.
2. Taxes:You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
3. Non-payment: Estockyy.com/in reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to all current and future use of the Website in case of non-payment of fees by you to ShopClues.com. ShopClues.com also reserves the right to take legal action in case of non-payment of fees.
Without limiting other remedies, ShopClues.com may limit your activity, immediately remove your information or end your listing, warn other Users of your actions, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
b) If ShopClues.com is unable to verify or authenticate any information provided by you; or
c) If it is believed that your actions may cause legal liability for other Users or ShopClues.com. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with ShopClues.com or use the Website in any manner whatsoever until such time that such User is reinstated by ShopClues.com. Notwithstanding the foregoing, if you breach the User Agreement or any other documents it incorporates by reference, ShopClues.com reserves the right to recover any amounts due and owing by you to ShopClues.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the seller.
By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.
Estockyy.com/in strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Estockyy.com/in.
Please note that in the event any inaccurate information is provided by you regarding your identity, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the transaction is closed.
In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same, you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
Fulfillments and Shipping
Estockyy.com/in from time to time may offer certain fulfillment services to sellers, however, sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. Estockyy.com/in may provide pick-up, storage, and delivery services to sellers but all of these services are provided as contract or outsourced services on behalf of merchants. At no time, Estockyy.com/in takes title or ownership of any product or inventory.
Buyer Protection at Estockyy
All the merchants selling at Estockyy.com/in are well screened by our team before they are brought on board. Estockyy endeavors to ensure that the products you buy from our Website are genuine, authentic, products and are sold by well reputed and honorable merchants at the best prices possible. We also extend all the warranties, guarantees as entailed in the product by the seller to you, all this at a great price and with the best customer service in the industry. It is however clarified that the Estockyy seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the products and/or the seller, for which the seller shall be solely responsible and liable.
As per our replacement policy, if you receive a product which is not as per the specifications ordered by you - (i) wrong size, (ii) wrong color, (iii) defective or (iv) significantly different from the description given by the merchant and you intimate such shortcoming to us in writing within 24 hours of receiving the product, such an can be replaced or if such product is not available for replacement your money will be refunded, within 30 days of such intimation received. However do make sure that the merchandise has not been used/worn or altered and is accompanied by its original price tag and packing slip. Please contact our customer support, so we can help facilitate your return.
If Estockyy.com/in has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Estockyy.com/in may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
Estockyy.com/in reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Estockyy.com/in may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
As a registered member, you may list item/s for sale/advertising on the Website in accordance with the Listing Policies which is incorporated by way of reference in this Agreement.
You represent that you are legally allowed to sell/advertise the item(s) you list for sale/advertising on Estockyy.com/in. You further agree to ensure that the products sold/advertised by you through Estockyy.com/in are genuine and are not counterfeit or stolen items. You further agree to ensure that the items/products listed by you on Estockyy.com/in do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that "Listings" may include text descriptions, graphics and pictures that describe your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if you are (i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to your goods or its packaging; (ii) offering or putting for sale or stocking the goods under the said trademark; or (iii) using the said trademark in advertising your product.
You acknowledge that if any genuine claim is received by Estockyy from any person through the Report Abuse section of Estockyy.com/in (terms of which are incorporated herein by reference), Estockyy may in its sole discretion block your merchant/user account and/or remove the products listed by you on Estockyy.com/in, without any prior notice to you. Estockyy would however provide you a post facto intimation regarding the same. You agree that you shall have no claim whatsoever against Estockyy in this regard and the decision of Estockyy, as aforesaid shall be binding on you.
You further agree to ensure that the listing description of the item must not be misleading and must describe actual condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, you agree to replace the product delivered to the buyer with the correct product and/or refund any amounts that you may have received from the buyer within 10 days of receipt of intimation from us in this regard. You agree not to list a single product in multiple quantities across various categories on the site. Estockyy.com/in reserves the right to delete such multiple listings of the same product listed by you in various categories.
Estockyy.com/in uses third party payment providers to receive payments from buyers on seller's behalf. Estockyy.com/in is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Estockyy.com/in takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Estockyy.com/in does not release the payment to sellers until the order has been received by Buyers and they are satisfied with it. Estockyy.com/in shall only make payments to the sellers after 4 weeks have expired from the time payment has been received from the buyer to us. The Seller payment is typically net of the service fee charged by Estockyy.com/in for its services and after deduction of applicable withholding taxes (if any).
We encourage Registered buyers on the Website to provide feedback to sellers after the transaction has been closed, this helps other Users to know the performance level of the said merchant/seller.. Please remember that you cannot retract the feedback once you have provided it. Further you agree that the feedback you provide to the Website shall be deemed to be non-confidential and will be displayed along with your user ID.Estockyy.com/in will not be responsible for the feedback that you post on the Website and you should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which you shall alone be liable.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Estockyy.com/in reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website. Your agree that your feedback shall not contain confidential or proprietary information of you or of third parties.
Export - As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.
Import - We do not provide the technical ability to allow you to import feedback from other websites to Estockyy.com/in because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Estockyy.com/in and its suppliers, affiliates and service providers provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.
Limitation of Liability
In no event shall Estockyy.com/in or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
Estockyy.com/in's liability in any circumstance is limited to the amount of fees, if any, paid by you to Estockyy.com/in. Estockyy.com/in, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Estockyy.com/in assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
(b) Any interruption or errors in the operation of the Website.
You agree to indemnify and hold harmless Estockyy.com/in and (as applicable) Estockyy.com/in's parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Estockyy.com/in, made by any third party arising out of your breach or non-performance of terms of the User Agreement,Estockyy.com/in Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Estockyy.com/in and you shall have no authority to bind Estockyy.com/in in any manner whatsoever.
2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Estockyy.com/in to ANIMUS INFOCOM Private Limited Attn: Legal Department, at Registered office situated at Plot No.-28,Balaji Nagar Colony,Samneghat,Lanka,Varanasi-221005(U.P.)- (in the case of Estockyy.com/in) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and Estockyy.com/in with respect to the subject matter hereof.
5. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party.Estockyy.com/in may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that Estockyy.com/in assigns the Agreement on the same terms or terms that are no less advantageous to you.
6. Disputes Resolutions:
Generally, transactions are conducted smoothly on Estockyy.com/in. However there may be some cases where both the Buyers and Sellers may face issues. At Estockyy.com/in, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a buyer raises a dispute, the seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' resolved?
Whenever there is a disagreement relating to any transaction, the users can write to firstname.lastname@example.org in order to raise a dispute. Once a dispute is raised by either party, Estockyy.com shall try to mediate and the resolve the matter amicably.
Grievance Officer :
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
Plot No.-28,Balaji Nagar Colony,Samneghat,Lanka,Varanasi-221005(U.P.)
If any dispute arises between you and Estockyy.com/in during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Estockyy.com/in. The place of arbitration shall be VARANASI(U.P.), India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between you and Estockyy shall be subject to the exclusive jurisdiction of courts at Varanasi(U.P.), India.
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