This document is an electronic record in terms of Information Technology Act, 2000 and
rules made 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 necessarily require any
physical or digital signatures.
This document will hold equally valid as per extant laws in physical form when duly signed
and maintained as required.
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 the
Service.
This E-Commerce seller agreement henceforth called “Agreement” is entered into as of
the date of registration on approval of seller concluded offline / online, henceforth called
“Effective Date” between efauji.com as a legal entity (including its related entities,
parents, affiliates, and subsidiaries), with address at 15 Shivshankar Residency, Vikas
Nagar, Wanawadi, Pune 411040, Maharashtra, India, hence forth called “efauji.com” and
provider of goods and services for sale online henceforth called the “Seller” as per name
and details entered online and agreed through selecting the relevant checkbox on the
website
Context of Efauji.com
www.efauji.com hereinafter called “efauji” or ‘website’. Indian Ex-Defence Services
Chamber of Commerce and Industry, herinafter called “IESECCI” which is a charitable
Trust, in Association with M/s Jyotirgamay Foundation, hereinafter called “
Jyotirgamaya” a Charitable Trust/Foundation operates the www.efauji.com website,
which provides the FACILITATION, of e-commerce, through it’s associates to further their
charter of Charity of various types, mainly focussed on welfare of ex-defence service
personnel, their dependents, widows as well as the public at large.
In view of the above context, the parties agree as follows:- [Serials 1 to 24 including all sub-paragraphs] 1.Scope. The purpose of this Agreement is to provide qualifying Sellers with the
opportunity to sell products through efauji.com platform. This Agreement supplements
any other agreements governing the facilitation of buying and selling of products
between efauji.com and Seller, including any vendor buying agreements and/or purchase
orders.
2.Definitions.
“Agreement” means this Terms of Service;
“Buyer(s)” shall mean and include any legal person, entity, business place or users, or any
designated employee of the business place/entity, who desire to purchase Products,
listed by the Seller, using the Services of Efauji;
“Content” shall mean and include any content, including the Products listed by the Seller,
either defined in this Terms of Service or any other content as offered or provided by
Efauji or Sellers on the Website;
“Order” or “Transaction” shall refer to the order placed by the Buyer to purchase the
Products listed by the Seller and shall include the purchase, payment, delivery and other
connected matters;
“Party/party” shall mean and include Efauji, Sellers, Buyers, Users, Registered Users and
any other person who agrees to be bound by this Agreement;
“Product(s)” shall mean and include all physical goods, digital goods, products, packages,
services or any information in connection therewith, listed by the Seller under User
Submission for sale, or usage by the Buyers.
“Product Information” shall mean and include particulars, specifications, payment details
or other information about the Products listed by the Seller, particulars with regard to the
delivery to be done by the Seller or Efauji upon request by the Seller and/or any services
which shall be or have been performed by the Seller in accordance with the Products
provided by the Seller.
“Registered User” shall mean and include all Sellers, registered on the Website by
providing the information mandated by the Website and also Buyers, in cases where
registration is required;
“Seller” shall mean the entity or person or User who is willing to list the Products on the
Website and procure the Services;
“Services” means and includes providing a platform wherein, the Products offered, sold
and listed by the Seller, shall be purchased by you, facilitating the usage of the Website
and payments for you and facilitating the delivery of Products upon request from the
Seller (whether chargeable or not), or any other service, Efauji performs for you;
“User/user”, “You/you”, “Your/your” means any natural or legal person who browses,
accesses or uses the Website and/or has agreed to become a Buyer (or customer) or a
Seller (or vendor) on the Website by providing the registration data while registering on
the Website as Registered User, appropriate to the role registered for using the computer
systems;
“Use/use” or “Using/using” means to browse, access, view, copy, avail Services, purchase
Products or other benefit from using the Website or associated payment gateway;
“User Submissions” means and includes all information, Content, Products or Product
Information listed by the Seller for sale; This listing of the Content, Products or Product
Information by the Seller on the Webster, at the sole discretion of Efauji, shall be
chargeable by Efauji;
“Website” means domain name “https://www.efauji.com/” and all other domain names
redirected or linked with this website, owned and operated by Indian Ex-Defence Service
Employees Chamber of Commerce and Industry (IESECCI) along with it’s associates,
partners, consortiums or entitities mandated by IESECCI.
“Efauji” is a name being the intellectual property of IESECCI in all sense of the term. It
also means this website, owned and operated by Indian Ex-Defence Service Employees
Chamber of Commerce and Industry (IESECCI) along with it’s associates, partners,
consortiums or entitities mandated by IESECCI.
“We”, “Efauji”, “us” and “our” means the entity Efauji and its affiliates, officers,
employees, agents, partners and licensors.
3.E-Commerce. For purposes of this Agreement, E-Commerce means facilitating sales of
products by efauji.com to its retail registered customers via the Internet, efauji.com
website, or any on-line system or computer network. E-Commerce also includes any
related business and marketing activities or network link with other facilities or websites
connecting efauji.com website supporting such sales .
4. Governing Law. This Agreement shall be interpreted under the Indian Laws. Any
and all legal actions relative hereto shall be in the jurisdiction of Bombay High
Court,Mumbai,Maharashtra.
5.Term. The Term of this Agreement begins on the Effective Date and continues until
either:
(a) efauji.com or Seller terminates this Agreement upon thirty (30) days written
notice to the other;or
(b) Seller ceases selling products through efauji.com. If terminated by either Party,
the Agreement will continue to govern the sale of seller products purchased for ECommerce prior to termination until such products are sold, returned, or removed
from inventory so that no inventory of such products remains.
6. Access to the services.
I. Efauji Website and domain name and any other linked pages, features, content, or
application services (including without limitation any mobile application services)
offered from time to time by Efauji in connection therewith (collectively, the
“Website”) are owned and operated by Efauji. Subject to the terms and conditions
of this Agreement, Efauji may offer Seller to use the Services for providing or listing
certain Products, as described more elaborately on the Website, and that have
been selected by you , solely (whether or not) for your own use, and not for the use
or benefit of any third party. Efauji reserves the right, to change, suspend or
discontinue the sale of such Products at any time, including the availability of any
feature, database, or Content. Efauji may also impose limits on certain features and
Services or restrict your access to parts or all of the Services without notice or
liability. Efauji reserves the right to amend this Agreement from time to time, with/
without notice to the Registered Users. Any changes or modifications made to this
Agreement by Efauji shall be effective immediately. It shall be your responsibility to
review these Terms of Service upon notification and your continued usage of the
Services offered by the Website shall constitute agreement to such updated terms
and conditions. By continuing to use the Service after those changes become
effective, you are agreeing to be bound by the revised Terms of Service; if you do
not agree to the change, do not use the Services after the change is effective, in
which case the changes will not apply to you. Your continued use of the Website
following the posting of changes will mean that you accept and agree to the
revisions.
II. Efauji reserves the right to prevent you from using the Website and the Service (or
any part of them) and to prevent you from making any transaction on the Website.
Efauji reserves the right in its sole discretion to accept/refuse /reject registration or
acceptance of Order placed using the Services or part thereof, without any
obligation of explanation.
III. Efauji shall not be responsible or held liable for any delivery of the Products
purchased on the Website until and unless the Seller requests Efauji for the same.
The service of delivering the Products is performed either by a third party or the
Seller, but not by Efauji. In the event, Seller requires the Service of delivering the
Products, Efauji shall through IESECCI or third parties opt to provide such service,
which shall separate from these present agreement. We do not give any guarantee
that the orders will be fulfilled or performed on the date chosen or provided by
you, as each Seller shall be responsible for delivering the Product and will or might
have its own calendar of events. In case the Products are not delivered on the
specific date due to any unavoidable reasons including but not limited to Force
Majeure Events, then you can choose to get the Products delivered on any next
available delivery date as per your commitment to your buyer. We shall strive with
all reasonable efforts to provide the Services of posting information regarding such
eventualities. Efauji shall not be held liable for any delay in delivery of the Products
due to any reason whatsover.
IV. Your use of any information or materials on this website is entirely at your own risk,
for which we shall not be liable. It shall be your own responsibility to ensure that
any Products, Services, Content or Product Information available through this
Website meet your specific requirements.
7. Representations and Warranties by Seller.
I. You represent and warrant to Efauji that: (a) you are an individual or a legal person,
who is at least 18 years old; (b) all registration information you submit is accurate
and truthful; and (c) you will maintain the accuracy of such information. You also
certify that you are legally permitted to use and access the Services and take full
responsibility for the selection and use of and access to the Services. This
Agreement or required Content of this Agreement shall be considered void, where
prohibited by law, and the right to access the Services is revoked in such situations
and jurisdictions. We reserve the right to terminate your membership/registration
and/or refuse to provide you with access to the Services if it is brought to our notice
or if it is discovered that you are under the age of 18 years.
II. You represent and warrant to Efauji that: (a) you are of legal age and you can form
a binding contract with us and you are not prohibited by law (of your respective
country) from accessing or using the Services; (b) all registration information you
submit is accurate and truthful; and (c) you will maintain the accuracy of such
information. This Agreement is void where prohibited by law, and the right to
access the Services is revoked in such jurisdictions. If you believe that we might
have any information from or about a child under 18, please contact us at
contact@iesecci.com.
III. You represent and warrant to Efauji that: (a) You have the power to authorise the
sale and/or display of its products on-line and as part of e-commerce through
efauji.com ; (b) all product information, data, images, and/or intellectual property
provided by seller to efauji.com for its E-Commerce business (i) complies with all
applicable laws; (ii) are accurate and that all claims contained therein have been
substantiated; and (iii) have been cleared for the uses contemplated hereunder;
and (c) it has secured any and all clearances, permissions, approvals, authorizations,
rights and licenses necessary for the use or display of all Seller product information,
data, images, and/or intellectual property provided to efauji.com as part of its ECommerce business.
8. Services Content .
I. The Services and its Contents, including the Products are intended solely for the
personal use by the Users and may only be used in accordance with the terms of
this Agreement. All Products or materials displayed on the Website or during the
performance of the Services (including, but not limited to text, graphics, articles,
photographs, images, illustrations (also known as the “Content,” and which
includes User Submissions)) are protected by copyright, owned by Efauji. You shall
abide by all copyright notices, trademark rules, information, and restrictions
contained in any Content accessed through the Services provided on the Website,
and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit,
distribute, perform, upload, display, license, sell or otherwise exploit for any
purposes whatsoever, any Content or third party submissions or other proprietary
rights not owned by you: (i) without the express prior written consent of the
respective owners, and (ii) in any way that violates any third party rights.
II. The Services provided whether or not as a collective work and/or compilation, are
protected pursuant to the copyright laws, international conventions, and other
intellectual property laws of the territory where the Services are performed. You
may not modify, publish, transmit, participate in the transfer or sale of, reproduce
(except as expressly provided in this Section 2), create derivative works based on,
distribute, perform, display, or in any way exploit, any of the Content, software,
materials, or Services in whole or in part.
III. You may not download or copy the Content (and other items displayed on the
Services) for any unauthorized use. You shall not store any significant portion of any
Content in any form, unless permitted under this Agreement. Copying or storing of
any Content is expressly prohibited without prior written permission from Efauji or
from the copyright holder identified in such Content’s copyright notice. In the
event, you are linked to the Website, Efauji shall reserve the right to revoke your
rights and link at any time, at Efauji’s sole discretion. Efauji reserves the right to
provide consent for approving your request or rejecting your request for linking
before or at the time of linking to the Website.
IV. In the course of using the Services, you and other Users may provide information
which may be used by Efauji in connection with the Services and which may be
visible to certain other Users. Except for the Products, Efauji hereby is and shall be
granted a non-exclusive, royalty free, perpetual, irrevocable, sub-licenseable and
transferable right to reasonably modify and exploit any such User Submissions
(including all related intellectual property rights) provided in connection with the
Services and Efauji’s (and its successors’ and assigns’) business, including without
limitation for promoting and redistributing part or all of the Services (and derivative
works thereof) in any media formats and through any media channels; however,
Efauji will only share your personally identifiable information in accordance with
Efauji’s privacy policy in effect from time to time and declared at the website .
V. For clarity, the foregoing license grant to Efauji does not affect your ownership of
or right to grant additional non-exclusive licenses to the material in your User
Submissions, unless otherwise agreed to in writing. (1) efauji.com agrees that it will
not make modifications or alterations to Seller Content without Seller’s prior written
approval.(2) Except for the limited license granted to efauji.com herein, Seller
retains all right, title, and interest to Seller Content.
VI. Digital goods shall contain digital rights management safeguard systems to protect
copyrights, such as a mechanism to limit the number of computers a music file can
be played on (“DRM”), provided that the Seller of any such Product explicitly and
clearly describes such DRM in the Product Information; failure to do so may be
grounds for issuing a refund to the Buyer pursuant to appropriate section below, of
this Agreement.
VII.If you purchase a Product on the Website, after making the appropriate payments,
you will be deemed to be a “Buyer” with respect to that Product and you will have
(and the Seller is hereby granting you) – (a) the exclusive right to use that Product
for non-commercial purposes; and (b) any other rights that the Seller may expressly
grant in the Seller’s Product Information. Except to the extent expressly granted in
the Seller’s Product Information, Buyer is not given any right to distribute or
prepare derivative works or commercially use any Product.
VIII. For clarity, (a) regardless of the terms “Sale,” “Seller,” “Buyer”, a Buyer of a
Product is obtaining only the rights specified above (and is not purchasing any
intellectual property rights in the Products) and the Seller retains the intellectual
property rights in such Product (if allowed by virtue of the applicable law) and the
right to grant additional non-exclusive rights to others and (b) the Services
provided are only a platform that facilitates the transaction between a Seller and a
Buyer with respect to Products, but Efauji is not and shall not be considered a party
to such transaction and has no responsibility for such transaction or for the
Products or for any dispute between any Buyer and Seller.
IX. You understand that all information publicly posted or privately transmitted
through the Services is the sole responsibility of the person from which such
Content is originated and that Efauji will not be liable for any errors or omissions in
any of the Content, provided by the Seller or any other person. You understand
that Efauji does not provide any guarantee on the identity of any other users
(acting as or on behalf of Buyer/Seller) with whom you may interact in the course of
using the Services. Additionally, Efauji cannot guarantee the authenticity of any
data which users or merchants or Sellers may provide about themselves. You
acknowledge that all Content accessed by you using the Services is at your own
risk and you will be solely responsible for any damage or loss to any party resulting
therefrom.
X. Under no circumstances will Efauji be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or damage of
any kind incurred in connection with use of or exposure to any Content posted,
emailed, accessed, transmitted, or otherwise made available via the Services.
XI. Certain User Submissions may be offered as free content, such as reviews,
feedback suggestions etc, for which no payment will be required.
9. Efauji is an Intermediary
I. PLEASE NOTE THAT THE PURCHASE OF ANY PRODUCTS WITH ASSISTANCE
FROM THIS WEBSITE IS A PRIVATE CONTRACT BETWEEN THE SELLERS AND
THE BUYERS, CHOOSING TO PURCHASE SUCH PRODUCTS. Efauji IS MERELY AN
ONLINE INTERMEDIARY FACILITATING THE TRANSACTION IN A LIMITED
CAPACITY AND DOES NOT BEAR ANY RESPONSIBILITY FOR DELIVERY,
AUTHENTICATION OR ANY OTHER KIND OF LOGISTICAL SUPPORT UNLESS
EXPRESSLY MENTIONED.
II. All commercial/contractual terms are offered by and agreed to between the Buyers
and Sellers alone. The commercial/contractual terms include without date, period
and mode of delivery, warranties related to products and services and after sales
services related to products and services. Efauji 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 You and Sellers.
III. Efauji does not make any representation or warranty as to specifics (such as quality,
value, saleability, etc) of the Products or services proposed to be sold or offered to
be sold or purchased on the Website. Efauji does not implicitly or explicitly support
or endorse the sale or purchase of any Products or services on the Website. Efauji
accepts no liability for any errors or omissions, whether on behalf of itself or third
parties.
IV. Efauji is not responsible for any non-performance or breach of any contract entered
into between you and Sellers. Efauji cannot and does not guarantee for the
performance of any transaction concluded on the Website. Efauji shall not and is
not required to mediate or resolve any dispute or disagreement between You and
Sellers.
V. Efauji 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.
VI. Efauji does not at any point of time during any transaction between You and Seller
on the Website come into or take possession of any of the Products offered by
Seller nor does it at any point gain title to or have any rights or claims over the
Products offered by Seller to the users. At no time shall Efauji hold any right, title or
interest over the Products listed, nor shall Efauji have any obligations or liabilities in
respect of such contract entered into between You and Sellers.
VII.You shall independently agree upon the manner and terms and conditions of
booking, time, venue, delivery, insurance etc. with the Seller(s) that You transact
with. We are not an authorised agent of any Seller, service provider(s) or any such
third party and we are only an online intermediary.
VIII. Disclaimer: Pricing on any Products as is reflected may due to some
technical issue, typographical error or product information published on the
Website may be incorrectly reflected and in such an event, Efauji or the Seller
reserves the right to cancel any such orders as requested and refund the amount (
if any) received from the User. Efauji shall not be responsible for any such error/s or
incorrect information provided by Seller; as providing the price of the Product is
the sole responsibility of the Seller.
IX. You release and indemnify Efauji 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,
Efauji 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.
X. Please note that there could be risks in dealing with underage persons or people
acting under false pretence.
10. Restrictions.
I. You warrant, represent and agree that you will not contribute any Content or
otherwise use the Services in a manner that (i) infringes or violates the intellectual
property rights or proprietary rights, rights of publicity or privacy, or other rights of
any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful,
fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable; (iv) involves commercial activities
and/or sales without Efauji’s prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes; (v) impersonates any person or entity,
including without limitation any employee or representative of Efauji; or (vi)
contains a virus, trojan horse, worm, time bomb, or other harmful computer code,
file, or program.
II. Your use of the Services and tools on the Website and any transactions made
through the Website are governed by the policies applicable to the Services, listed
on the platform/Website. You agree not to, host, upload, publish, transmit, update,
share, sell or purchase any Product, items and activities through Services, which
includes, but is not limited to, the following:
(a) Adult goods and services which includes pornography and other sexually
suggestive materials (including literature, imagery and other media, escort or
prostitution services);
(b) Alcohol or goods which includes Alcohol content or any other alcoholic
beverages such as beer, liquor, wine, or champagne;
(c) Body parts which includes organs or other body parts including blood and
other bodily fluids;
(d) Bulk marketing tools which includes email lists, software, or other products
enabling unsolicited email messages (spam);
(e) Cable descramblers and black boxes which includes devices intended to obtain
cable and satellite signals for free;
(f) Child pornography which includes pornographic materials involving minors;
(g) Copyright unlocking devices which includes Mod chips or other devices
designed to circumvent copyright protection;
(h) Copyrighted media which includes unauthorized copies of books, music,
movies, and other licensed or protected materials;
(i) Copyrighted software which includes unauthorized copies of software, video
games and other licensed or protected materials, including OEM or bundled
software;
(j) Counterfeit and unauthorized goods which includes replicas or imitations of
designer goods; items without a celebrity endorsement that would normally
require such an association; fake autographs, counterfeit stamps, and other
potentially unauthorized goods;
(k) Drugs and drug paraphernalia which includes illegal drugs and drug
accessories, including herbal drugs like salvia and magic mushrooms;
(l) Drug test circumvention aids which includes drug cleansing shakes, urine test
additives, and related items;
(m)Endangered species which includes plants, animals or other organisms
(including product derivatives) in danger of extinction;
(n) Gaming/gambling which includes lottery tickets, sports bets, memberships/
enrollment in online gambling sites, and related content;
(o) Government IDs or documents which includes fake IDs, passports, diplomas,
and noble titles;
(p) Hacking and cracking materials which includes manuals, how-to guides,
information, or equipment enabling illegal access to software, servers, websites,
or other protected property;
(q) Illegal goods which includes materials, products, or information promoting
illegal goods or enabling illegal acts;
(r) Miracle cures which includes unsubstantiated cures, remedies or other items
marketed as quick health fixes;
(s) Offensive goods which includes literature, products or other materials that: a)
Defame or slander any person or groups of people based on race, ethnicity,
national origin, religion, sex, or other factors b) Encourage or incite violent acts
c) Promote intolerance or hatred;
(t) Offensive goods, crime scene photos or items, such as personal belongings,
associated with criminals;
(u) Prescription drugs or herbal drugs or any kind of online pharmacies which
includes drugs or other products requiring a prescription by a licensed medical
practitioner;
(v) Pyrotechnic devices and hazardous materials which includes fireworks and
related goods; toxic, flammable, and radioactive materials and substances;
(w) Regulated goods which includes air bags, batteries containing mercury, Freon
or similar substances/refrigerants, chemical/industrial solvents, government
uniforms, car titles, license plates, police badges and law enforcement
equipment, lock-picking devices, pesticides, postage meters, recalled items,
slot machines, surveillance equipment, goods regulated by government or
other agency specifications;
(x) Securities which includes stocks, bonds, or related financial products;
(y) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco,
electronic cigarettes and related products;
(z) Traffic devices which includes radar detectors/jammers, license plate covers,
traffic signal changers, and related products;
(aa) Weapons which includes firearms, ammunition, knives, brass knuckles, gun
parts, and other armaments;
(bb) Wholesale currency which includes discounted currencies or currency
exchanges;
(cc)Live animals and dead animal or other parts such as tusks skin, pelt etc; For
clarity, this clause does not restrict animal derivatives such as leather-goods, or
products widely classified and accepted as food, not restricted by exant laws or
government rules.
(dd) Multi-Level Marketing collection fees;
(ee) Matrix sites or sites using a matrix scheme approach;
(ff) Drop-shipped merchandise;
(gg) Overseas foreign exchange trading;
(hh) Any product or service which is not in compliance with all applicable laws
and regulations whether federal, state, local or international including the laws
of the republic of India;
(ii) Illegal weapons, Product violating someone’s privacy, providing or creating
computer viruses;
(jj) Product that tries to gain unauthorized access or exceeds the scope of
authorized access to the Website, profiles, blogs, communities, account
information, bulletins, friend requests, or other areas of the Website, or solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users on the Website;
(kk)interferes with another’s use and enjoyment of the Website;
(ll) Threatens the unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the
commission of any offence or prevents investigation of any offence or is
insulting any other nation;
(mm) Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade
in any item 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;
(nn) Shall create liability for us or cause us to lose (in whole or part) the services
of our Internet Service Provider (“ISPs”) or other suppliers.
(oo) Credit repair or protection or restoration;
(pp) Auction houses;
(qq) Prepaid cards;
(rr) Adoption of children and babies;
(ss)Block chain and digital payment systems such as Bitcoins.
III. Efauji reserves the right to remove any Content from the Services at any time, for
any reason (including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content or if Efauji is concerned that
you may have breached the immediately preceding sentence), or for no reason at
all.
IV. You, not Efauji, remain solely responsible for all the Content that you upload, post,
email, transmit, or otherwise disseminate using, or in connection with, the Services,
and you warrant that you possess all rights necessary to provide such Content to
Efauji and to grant Efauji the rights to use such information in connection with the
Services and as otherwise provided herein.
V. You are responsible for all of your activity in connection with the Services. Any
fraudulent, abusive, or otherwise illegal activity may be grounds for termination of
your right to access or use the Services. You may not post or transmit, or cause to
be posted or transmitted, any communication or solicitation designed or intended
to obtain password, account, or private information from any other User of the
Services. Use of the Services to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material (including
material that may be considered threatening or obscene), or engage in any kind of
illegal activity is expressly prohibited. You will not run Mail list, Listserv, any form of
auto-responder, or “spam” on the Services, or any processes that run or are
activated while you are not logged on to the Services, or that otherwise interfere
with the proper working of or place an unreasonable load on the Services’
infrastructure. Further, the use of manual or automated software, devices, or other
processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly
prohibited. You will not decompile, reverse engineer, or otherwise attempt to
obtain the source code of the Services. You will be responsible for withholding,
filing, and reporting all taxes, duties and other governmental assessments
associated with your activity in connection with the Services.
VI. You understand and agree that Efauji shall have the sole right to decide whether
you are in violation of any of the restrictions sjet forth in this Section, and shall have
sole discretion regarding the course of action to take in connection therewith.
11. Warranty Disclaimer
I. Efauji has no special relationship with you or any fiduciary duty towards you. You
acknowledge that Efauji has no control over, and no duty to take any action
regarding: which Users gain access to the Services; what Content you access via
the Services; what effects the Content may have on you; how you may interpret or
use the Content; or what actions you may take as a result of having been exposed
to the Content. You release Efauji from all liability for you having acquired or not
acquired Content through the Services. The Services may contain, or direct you to
websites containing, information that some people may find offensive or
inappropriate. Efauji makes no representations concerning any content contained
in or accessed through the Services, and Efauji will not be responsible or liable for
the accuracy, copyright compliance, legality or decency of material contained in or
accessed through the Services. Efauji makes no representations or warranties
regarding the accuracy of descriptions anywhere on the Services, or regarding
suggestions or recommendations of Products offered or purchased through the
Services. Products purchased (whether or not following such recommendations and
suggestions) or the Services provided on the Website are provided “AS IS” without
any warranty of any kind from Efauji or others unless, with respect to others (only),
otherwise made expressly and unambiguously in writing by a designated third
party for a specific product or service. THE SERVICES, CONTENT, WEBSITE,
PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY
SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF
ANY KIND FROM Efauji, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. Efauji DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND
Efauji WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS
AND/OR 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 JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
II. Efauji, its affiliates, officers, employees, agents, and partners make no
representations or warranty of any kind, express or implied, including but not
limited to, that (i) the Services of the Website will meet your requirements or set
standard of expectations (ii) the Services of the Website will be uninterrupted,
timely, secure, accurate or error-free; (iii) the results that may be obtained or expect
to be obtained from the use of such Services will be accurate or reliable; (iv) the
quality of any Products, Services, Product Information or other Content will meet
your expectations or requirements .
12. Indemnification.
I. Seller shall indemnify, defend, and hold harmless efauji.com, its parents, affiliates,
subsidiaries, officers, managers, partners, employees, and agents from and against
any and all claims, lawsuits, judgments, losses, civil penalties, liabilities, damages,
costs, and expenses, including reasonable attorney’s fees and court costs, arising
out of or related to any (a) alleged defect in or injury from seller’s products; (b)
alleged failure of seller or sellers’s products to comply with this agreement or any
laws, regulations, warranties, guarantees, or representations of seller; (c) allegations
concerning seller content; (d) negligent or grossly negligent action, inaction,
omission or intentional misconduct of seller; and/or (e) use of or infringement upon
any intellectual property right of seller.
II. Efauji.com shall mutually indemnify seller from any (a) alleged failure of efauji.com
to comply with this agreement; (b) negligent or grossly negligent action, inaction,
omission or intentional misconduct of efauji.com; and/or (c) use of or infringement
upon any intellectual property right of efauji.com.
III.Neither party shall be liable for delays or failures in performance resulting from
causes beyond the reasonable control of that party,including but not limited
to ,Acts of God, labour dispute or disturbances,material shortage or
rationing,riots,act of war, power outages, natural disaster, governmental
regulations, communication or utility failures or casualties.
13. Registration and Security
I. As a condition to using some aspects of the Services, you may be required to
register with Efauji and select a password and user name (“ Company User ID”) and
for such purposes, you will be referred to as a Registered User. A Registered User
can be a Seller or a Buyer. If you are accessing the Services through a third party
site or service (such as “Facebook Connect”), Efauji may require that your
Company User ID be the same as your user name for such third party site or
service. You shall provide Efauji with accurate, complete, and updated registration
information and you shall be responsible for all the activities that occur under your
Company User ID. The Information provided by you while availing the Services on
the Website is subject to Privacy Policy of Efauji displayed on the Website. Efauji
reserves the right to store, evaluate, analyze, verify, and authenticate the
information and data provided by the User. You are required to fill your data
accurately and precisely while filing the information for placing order for Products.
II. The Registered User shall be required to provide KYC information/details to Efauji
such as electronic copies of identity proof, address proof and any other such
document mandated under the law, and shall be uploaded by the User in soft copy
form at the time of registration and/or provided to Efauji as and when sought.
Efauji has the sole right to activate/deactivate your account on the Website, upon
receiving the registration information provided by the User, upon scrutinizing the
veracity of the details provided. For the purpose of KYC and records, Efauji has the
right to seek the self-attested copies of the documents, as submitted during/post
the registration process.
III. Failure to do so shall constitute a breach of this Agreement, which may result in
immediate termination of your account. You may not (i) select or use as a Company
User ID, a name of another person with the intent to impersonate that person; or
(ii) use as a Company User ID, a name subject to any rights of a person other than
you without appropriate authorization. Efauji reserves the right to refuse
registration of or cancel a Company User ID in its discretion. You shall be
responsible for maintaining the confidentiality of your password. If you access the
Service through a third party site or service, you will provide your third party
account credentials to Efauji, and you are consenting to have the information in
those accounts transmitted into your Company account, and you agree that you
shall only use accounts owned by you, and not by any other person or entity.
IV. You agree that if You provide any information that is untrue, inaccurate, not current
or incomplete or We have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with this Terms
of Service, We shall have the right to indefinitely suspend or terminate or block
access of your membership on the Website and refuse to provide You with access
to the Website.
V. Kindly Note: In the event, if any discrepancy is found, in case any of the
information provided by the User, for example, registration information provided
does not match with the adjoining documents, such mismatch shall lead to the
rejection/deactivation/termination of the registration. The privacy of the
documents provided or any such personally identifiable information provided to
Efauji, shall be maintained in accordance to the Privacy Policy of the website. In
addition, you acknowledge that we have the right to disclose the information (if
required) provided by you to the law enforcement authorities whether or not for
any investigation purposes.
14. Fees and Payment
I. You can place the order for the Products listed by the Seller at a price as shown or
provided by the Seller. Prices listed are in Indian Rupees (unless specified) and are
subject to change from time to time, at the sole discretion of the Seller. Efauji
reserves the right to require payment of fees for certain or all Services, in addition
to the fees charged for the purchase and sale of any Product. You shall pay all fees,
as described on the Website in connection with such Services selected by you,
through online means, cash on delivery is not permitted, in case of bank transfers
the requisite delay in despatch of goods/services required by the seller, has to be
honoured by the buyer.
II. For the services rendered by Efauji, it charges a Platform Fee on the sale price on
each transaction between Buyer and Seller, which it deducts from the payment
made by the Buyer. Efauji, at its sole discretion, reserves the right to modify the
Platform Fee from time to time. The Seller shall bear and be responsible for any
applicable central, state, local and foreign taxes, duties, tariffs, levies, withholdings
and similar assessments. If there is any withholding required, the Seller will pay any
amount specified on the Website, without reduction for the withholding amount,
and will also pay the withholding amount to the applicable authorities.
III. Payments to the Seller shall be paid out by the Company, subject to a minimum
account balance in the Seller’s account and provided that the Seller has provided
his correct account details during the registration of its account on the Website.
IV. The time delay in disbursement of payment to seller, is on account of the rules of
the payment gateway and existing central / state mandated financial governance
rules. This lag time will be intimated to the seller explicitly periodically or if
enquired to the support team.
V. Efauji reserves the right to change pricing and payment policies and to institute
new charges at any time, upon notice to the Seller, which may be sent by email or
posted on the Website. All payments need to be made online and no offline
payments are permitted by efauji.
15. Refunds, Disputes and Chargebacks For Buyer
I. As a general rule, no refund will be provided until and unless such circumstances
exist that the Efauji deems fit to refund the transaction money. Efauji will only
facilitate resolution of any dispute between buyer and seller as far as practicable,
but will not be held liable to do so.
II. A Buyer may submit a claim for a refund for a purchase made by emailing or calling
the seller providing a clear and specific reason for the refund request and the
exact terms that have been violated. The buyer also has a secondary option of
writing to contact@iesecci.org , in which case the request will be forwarded to the
concerned seller under intimation to buyer. Whether a refund will be provided will
be determined by the seller, in its sole discretion. Refund requests must be
submitted within 5 days of the purchase being delivered or within any such
duration, as indicated by the Sellers.
III. In case a Buyer has a dispute with the Seller where he/she wants a refund for the
amount paid to the Seller, Buyer should create a case by sending a mail to
contact@iesecci.org using the link on the transaction mail within 10 days from the
date of transaction/purchase or placing the Order or 5 dyas from delivery
whichever is earlier. In case of failure to do so by the Buyer, he/she agrees that it
absolves the efauji from any responsibility to facilitate the resolution of such
dispute.
IV. The Buyer agrees not to dispute/chargeback the transaction with his/her credit
card issuing bank without informing or obtaining prior consent of Efauji.
16. Refunds, Disputes and Chargebacks For Sellers
I. A transaction may be reversed or charged back to your account if it is disputed by
the Buyer, reversed for any reason by the Network, deemed to be fraudulent,
deemed to be in violation of this Agreement, or we have any reason to believe that
the transaction was not completed in good faith.
II. For any transaction that results in a chargeback, Efauji may withhold the transaction
amount from your account. If your account has any pending resolution of any
chargebacks, Efauji has the discretion to delay your next payout(s). Efauji reserves
the right to withhold from your account the amount of one or more transactions, if
it believes that there is a significantly increased risk of a chargeback occurring on
these transactions. Efauji may also charge you a fee for each refund, or chargeback,
or dispute incurred.
III. If your account is incurring a significantly high volume of chargebacks according to
Efauji, Efauji reserves the right to (a) suspend your account, (b) increase processing
fees, (c) withhold payouts, (d) increase holding period for your funds to be paid
out, (e) implement a rolling reserve.
IV. Efauji reserves the right to charge a “Penalty fee” from the Users, including Buyers
and Sellers, for abusing the platform, towards the charges incurred for the
investigation, operational handling and legal consultation charges.
17. Users’ Understanding and Acknowledgement. We shall be under no liability
whatsoever in respect of any loss or damage arising directly or indirectly due to the
decline of authorization for any Transaction, on Account of the Cardholder having
exceeded the preset limit. In this regard user understands and acknowledges:
– that upon placing an Order You are entering into a legally binding and enforceable
contract with the Seller to purchase the Products and /or services from the Seller using the
payment facility, and You shall pay the price as listed on the Website through any such
instrument as provided used for the payment, to the Seller using payment facility.
– That You shall be entitled to claim a refund of the Order placed (as Your sole and
exclusive remedy) in case You do not get the confirmation of the Order placed. In case you
do not raise a refund claim within the stipulated time than, Efauji or the Seller does not
take the responsibility of the refund to be received by You, from your issuing bank.
– That no refund shall be made once the Order is placed or confirmed, using the Website
(unless the services are not provided appropriately by the Seller).
– That Efauji, undertakes utmost care to provide secure payment system, however, it is
susceptible to hacking, virus attacks, malfunction.
– That the User shall provide accurate payment details to the secure payment system for
making purchase on the Website.
– The information provided by User will not be utilized or shared with any third party unless
required in relation to fraud verifications or by law, regulation or court order.
– The Efauji expressly disclaims all liabilities that may arise as a consequence of any
unauthorized use of User’s credit/ debit card.
– That the User undertakes all payments subject to own risk and volition.
– The Efauji shall not be liable for any loss or damage occurred to User arising directly or
indirectly due to the decline of authorization for any transaction malfunction, errors and/or
unscrupulous activities.
18. Interaction with Third Parties . The Services may contain links to third party
websites or services (“Third Party Services”) that are not owned or controlled by Efauji, or
the Services may be accessible by logging in through a Third Party Service. When you
access Third Party Services, you do so at your own risk. You hereby represent and warrant
that you have read and agreed to be bound by all applicable policies of any Third Party
Services relating to your use of the Services and that you will act in accordance with those
policies, in addition to your obligations under this Agreement. Efauji has no control over,
and assumes no responsibility for, the content, accuracy, privacy policies, or practices of
or opinions expressed in any Third Party Services. In addition, Efauji will not and cannot
monitor, verify, censor or edit the content of any Third Party Service. By using the
Services, you expressly relieve and hold harmless Efauji from any and all liability arising
from your use of any Third Party Service. .
19. Termination in the event of misrepresentation of business model, products and/or
services:
I. In case Efauji receives considerable amount of Buyer complaints or dispute cases
on Resolution Center or Chargeback or by any other means, Efauji becomes aware
of the fact that the Seller has misrepresented their business
activities/Product/Services or has used Efauji’s Services or the platform provided to
collect payments for purposes other than what was disclosed to Efauji, Efauji
reserves the right to suspend or terminate the Seller’s account permanently and
refund the transactions to the Buyer’s to the instrument through which the payment
was made or received by Efauji.
II. In case the amount not released to the Seller is more than the refund amount or
amount to be refunded to the Buyer, the Seller is required to make necessary
payments to Efauji to execute the refunds. Failing to recover the refunds paid to
the Buyer or to be paid to the Buyer, Efauji reserves the right to make all
reasonable collection efforts and/or file a law suit or complaint or take any legal
recourse available to Efauji, against the Seller or any of the Seller’s representatives,
as per the details provided by the Seller to Efauji.
III. In an event, where Efauji is unable to provide refund to the Buyers for the
transaction(s), for the reasons which includes, without limitation, ascertaining the
actual payers, Efauji reserves the rights to take appropriate legal actions and report
the matter to law enforcement agencies such as Cyber Crime Division, Computer
Emergency Response Team, Economic Offenses Wing, Financial Intelligence Unit
and any other appropriate regulatory body and shall continue to withhold the
amount in its accounts or deposit or transfer the amount to the concerned
account(s), as directed by the competent regulatory authority.
20. Advertisements
I. The Website will also post, display, publish or provide links of advertisements of
advertisers on the Website at various places on the Website. The places of such
Advertisements shall not be fixed. These advertisers might set cookies on Website
which shall use your data, information for various other links. If you would like to
know more information about this practice and to know your choices about not
having this information used by any company, please refer to the relevant policy of
such advertiser for more information.
II. We do not endorse or recommend or market or warranty the advertisements or
advertisers or quality, suitability, merchantability, fitness, commitment, reasonability
of the Product and/or services offered by such advertisers. We are not responsible
for any of these advertisers as these will by third party advertisers. If you intend to
deal with the advertisers, you shall directly deal with them at your entire risk and
volition and Efauji.com shall not be made a party or forced party in any such
conflicts. .
21. Take down Procedure. If the user claims that the Content hosted on the Website is
infringing any copyright owned personally, user is required to give a written complaint
with all the required particulars mentioned under sub-rule (2) of Rule 75 of the Copyright
Rules, 2013. In such an eventuality Efauji will provide the procedure as per our
contingencies list.
22. Compliance with laws . Users shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be issued by
Reserve Bank of India from time to time, Customs Act, Information and Technology Act,
2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of
Money Laundering Act, 2002 and the rules made there under, Foreign Contribution
Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules
made there under, Export Import Policy of government of India) applicable respectively
for using payment facility and our Website.
23. Assignment. Either Party may assign this Agreement to a present or future parent,
subsidiary, or affiliated entity, including a future successor or party acquiring all or part of
the Party’s business. All other assignments, transfers, or delegations require written
consent of both Parties. Any attempted assignment or transfer in contravention of this
Section shall be void.
24. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and supersedes any and all prior or
contemporaneous agreements, understandings, negotiations, representations or
proposals or any kind, whether written, oral or otherwise. Neither party has relied upon
any statements, representations or other communications that are not contained in this
Agreement.