Seller Terms of Use:
This document is an
electronic record in terms of Information Technology Act, 2000 (“IT Act,
2000”), the applicable rules thereunder and the provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
This document is published
in accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and Terms of Use for access to or usage of www.ramrajservicescom website.
The domain name www.ramrajservices.com, including the related mobile site and mobile
application as well as the seller portal seller.ramrajservices.com (hereinafter
referred to as “Platform”) is owned and operated by ramraj services pvt ltd(hereinafter
referred to as 'ramrajservices'), a company incorporated under the Companies
Act, 2013, with its registered office at PLOT NO. 27, VEDNATHPURAM SEMRA GAURI,
SITAPUR ROAD LUCKNOW LUCKNOW UP 226021 INDIA
For the purpose of the
Terms of Use (hereinafter referred to as “ToU”), wherever the context so
requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has
agreed to become a seller on the Platform by providing registration data while
registering on the Platform using computer systems. The word ‘user’ shall
collectively imply a seller, a buyer, and any visitor on the Platform and the
terms ‘we’, ‘us’ and ‘our’ shall mean Ramrajservices.
Your use of the
Platform and the features therein is governed by the following terms and
conditions (ToU) including applicable policies available on the Platform,
notifications and communications sent to you on the Platform which are
incorporated herein by way of reference. If you transact on the Platform, you
shall be subject to the policies that are applicable to the Platform for such a
transaction. By mere use of the Platform you shall be contracting with Ramrajservices,
and these terms and conditions including the policies constitute your binding
obligations to Ramrajservices.
When you use any
current or future services provided by us through the Platform you will be
subject to the rules, guidelines, policies, terms and conditions applicable to
such services and they shall be deemed incorporated into the ToU and considered
a part and parcel of the ToU. We reserve the right, at our sole discretion, to
change, modify, add, or remove portions of the ToU at any time. We will notify
you through any of the communication modes as mentioned in this ToU in case of
any changes or updates to the ToU that materially impact your use of the
Platform. Your continued use of the Platform following the changes or
updates will mean that you accept and agree to the revisions. As long as you
comply with the ToU, we grant you a personal, non-exclusive, non-transferable,
and limited privilege to enter and use the Platform.
ACCESSING, BROWSING, OR
OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND
CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By
impliedly or expressly accepting the ToU, you also accept and agree to be bound
by all of Ramrajservices’s
policies applicable to you, as amended, from time to time.
Seller
Eligibility
The use of the Platform
is available only to persons who can form legally binding contracts under the
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 Platform. If you are a minor i.e.
under the age of 18 years, you shall not register as a seller on the Platform,
transact or use the Platform. Ramrajservices reserves the right to terminate
your registration and/or refuse you access to the Platform if it is brought to Ramrajservices’s
notice or discovered that you are under the age of 18 years. If you register as
a business entity, you represent that you are duly authorized by the business
entity to accept the ToU and you have the authority to bind the business entity
to the ToU.
Your
Account and Registration Obligations
In the course of your
use of the Platform, you agree to furnish your details and information as
requested by us from time to time. You shall remain responsible for maintaining
confidentiality of this information, as well as your display name, login and
password details. You agree that if you provide any information which is
untrue, inaccurate, not current, or incomplete or we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current, incomplete,
or not in accordance with the ToU, we shall have the right to suspend or
terminate your account on the Platform or indefinitely block you from accessing
the Platform.
Seller Account Deactivation:
As per
our policy, if a seller requests for a closure of the account, the account
will be put on hold for a period of 180 days to ensure smooth closure of
transactions which have been made prior to his closure request and this will be
available the said seller to download payment and taxation reports, if
required. After 180 days, the seller would be required to reach out to us
confirming that he has downloaded the reports and requesting for a deactivation
again. Upon receiving this confirmation, the seller’s account will be
deactivated provided there is no outstanding payments due from the seller, with
certain information being retained by Ramrajservices at all times, such as
registered mobile number, registered email ID, GSTIN and other transaction
related information. Such information is being retained for audit purposes and
to prevent fraudulent acts by the sellers in the future. If a seller decides to
commence his business with Ramrajservices again, he/she will not be able to
create a new account but the older account can be restored if its required.
Communications
When you use the
Platform or send emails, 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 or as and when required. We may communicate with you by email
or any other mode of communication, electronic or otherwise.
Platform
for Transaction and Communication
The Platform is a
platform that users utilize to independently meet and interact with one another
for their transactions. Ramrajservices is not and cannot be a party to any
transaction or dispute between users on the Platform.
Consequently:
1. All
commercial/contractual terms are offered by you and agreed upon between you and
buyers alone. The commercial/contractual terms include (without limitation)
price, shipping costs, payment methods and terms, date, period, and mode of
delivery, and warranties and after-sales services related to products and
services. Ramrajservices does not determine, advice, have any control, or in
any way involve itself in the offering or acceptance of such
commercial/contractual terms between you and buyers.
2. Ramrajservices
does not make any representations or warranties regarding specifics (such as
quality, value, and salebility) of the products or services proposed to be
sold, offered to be sold or purchased on the Platform. Ramrajservices does not
implicitly or explicitly support or endorse the sale or purchase of any
products and services on the Platform. Ramrajservices accepts no liability for
any errors or omissions of third parties in relation to the products and
services.
3. Ramrajservices
is not responsible for any non-performance or breach of any contract between
you and buyers. Ramrajservices cannot and does not guarantee that you and
buyers concerned will perform transaction(s) concluded on the Platform. Ramrajservices
shall not and is not required to mediate or resolve disputes or disagreements
between you and buyers.
4. Ramrajservices
does not make any representations or warranties regarding 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 buyer you
choose to deal with on the Platform and use your best judgment in that regard.
5. Ramrajservices
does not at any point in time during a transaction between you and a buyer on
the Platform come into or take possession of any of the products or services
offered by you, gain title to or have any rights or claims over the products or
services offered by you to the buyer.
6. At no time
shall Ramrajservices hold any right/title to or interest in the items nor have
any obligations or liabilities with respect to such a contract. Ramrajservices
is not responsible for unsatisfactory or delayed performance of services,
damages, or delays as a result of items which are out of stock, unavailable, or
back-ordered.
7. The Platform
is only a platform that can be utilized by you to reach a larger customer base
to sell items or services. Ramrajservices only provides a platform for
communication and it is agreed that the contract for sale of any products or
services shall be a strictly bipartite contract between you and the buyer.
8. You release
and indemnify Ramrajservices and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of
the users on the Platform and specifically waive any claims that you may have
in this behalf under any applicable law. Notwithstanding its reasonable efforts
in that behalf, Ramrajservices cannot control the information provided by other
users which is made available on the Platform. You may find other user's
information to be offensive, harmful, inaccurate or deceptive. Please use
caution and practice safe trading when using the Platform. Please note that
there may be risks in dealing with underage persons or people acting under
false pretence.
Use
of the Platform
You agree and
understand that Ramrajservices and the Platform merely provide hosting services
to its registered users and persons browsing/visiting the Platform. All items
advertised / listed and the contents therein are advertised and listed by
registered users and are third party user generated contents. Ramrajservices
shall bear no responsibility or liability in relation to or arising out of
third party user generated content. Ramrajservices neither originates nor
initiates the transmission nor selects the sender and receiver of the
transmission nor selects nor modifies the information contained in the
transmission. Ramrajservices is merely an intermediary and does not
interfere in the transaction between buyers and sellers.
You agree, undertake
and confirm that your use of the Platform shall be strictly governed by the
following binding principles:
1. You shall not
host, display, upload, modify, publish, transmit, update or share any
information or image which:
(a) belongs to another
person and over which you have no right;
(b) is grossly harmful,
harassing, blasphemous, defamatory, bigotry, obscene, pornographic,
paedophilic, libellous, invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating to or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever, or
unlawfully threatening or harassing, including but not limited to ‘indecent
representation of women’ within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986;
(c) is false,
inaccurate or 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’, unsolicited mass mailing, or
‘spamming’;
(g) promotes illegal
activity or conduct that is abusive, threatening, obscene, defamatory, or
libelous;
(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, information to circumvent manufacturer-installed copy-protect devices,
or pirated music or links to pirated music files;
(j) contains restricted
or password-only access pages, hidden pages or images or URLs leading to any
other pages (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, providing or creating computer
viruses;
(m) contains
unauthorized videos, photographs or images of another person (whether a minor
or an adult);
(n) tries to gain
unauthorized access or exceeds the scope of authorized access to the Platform,
profiles, blogs, communities, account information, bulletins, friend requests,
or other areas of the Platform, or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users on the
Platform;
(o) engages in
commercial activities and/or sales such as contests, sweepstakes, barter,
advertising, pyramid schemes, or the buying or selling of ‘virtual’ items
related to the Platform without our prior written consent.
Throughout the ToU, Ramrajservices’s
prior written consent means a communication coming from Ramrajservices’s Legal
Department in response to your request and specifically addressing the
activities or conduct for which you have sought authorization;
(p) solicits gambling
or engages in any gambling activity which we, at our sole discretion, believe
is or could be construed as being illegal;
(q) interferes with
another’s use and enjoyment of the Platform;
(r) refers to any
website/URL which, at our sole discretion, contains material that is
inappropriate for the Platform or any other website and content that is
prohibited or violates the letter and spirit of ToU;
(s) harms minors in any
way;
(t) infringes any
patent, trademark, copyright, proprietary rights, third-party’s trade secrets,
rights of publicity, or privacy, is fraudulent, or involves the sale of
counterfeit or stolen items;
(u) violates any law
for the time being in force;
(v) deceives or misleads
the addressee/ users about the origin of messages or communicates any
information which is grossly offensive or menacing in nature;
(w) impersonates
another person;
(x) contains software
viruses or any other computer codes, 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, 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;
(z) 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;
(aa) 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.
2. You shall not use
any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program,
algorithm, methodology, or any similar or equivalent manual process to access,
acquire, copy, monitor any portion of the Platform or content or in any way
reproduce, or circumvent the navigational structure, presentation of the
Platform, or any content to obtain or attempt to obtain any material,
documents, or information through any means not purposely made available
through the Platform. We reserve our right to bar any such activities.
3. You shall not
attempt to gain unauthorized access to any portion or feature of the Platform,
other systems, networks connected to the Platform, server, computer, network,
or the services offered on or through the Platform by hacking, password ‘mining’,
or any other illegitimate means.
4. You shall not
probe, scan or test the vulnerability of the Platform or any network connected
to the Platform or breach the security, authentication measures on the Platform
or any network connected to the Platform. You may not reverse look-up, trace or
seek to trace information on any other user of or visitor to Platform
(including any account on the Platform that is not owned by you) or to its
source or exploit the Platform, any service, information made available, or
offered by or through the Platform 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) provided by the Platform.
5. You shall not
make any negative, denigrating, or defamatory statement(s)/comment(s) about us,
the brand name or domain name used by us, including the terms Ramrajservices, Ramrajservices,
ramrajservices.com or otherwise engage in any conduct or action that might
tarnish the image or reputation of Ramrajservices or sellers on the platform or
otherwise tarnish or dilute any Ramrajservices trade mark, service marks, trade
name and/or goodwill associated with such trade, service marks or 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 Platform or Ramrajservices’s systems, networks, or any systems or
networks connected to Ramrajservices.
6. You agree not
to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Platform, any transaction being conducted on the
Platform or any other person’s use of the Platform.
7. You shall not
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message, transmittal you send to us on or through the Platform,
or any service offered on or through the Platform. You may not pretend that you
are or represent someone else or impersonate any other individual or entity.
8. You may not
use the Platform or any content for any purpose that is unlawful or prohibited
by the ToU or to solicit the performance of any illegal activity or other
activity which infringes the rights of Ramrajservices and/or others.
9. You shall at
all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000, and the rules thereunder as applicable and
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 Integrated
Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and
Standards Authoritty of India (FSSAI), relevant State Goods and Services Tax
Act or Union Territories Goods and Services Tax Act and Custom Duty, Local
Levies as may be applicable) and obtain the necessary licences and permits
regarding your use of our Platform, service and/or tools and your listing,
purchase, solicitation of offers to purchase, and sale of items 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. In particular you shall ensure
that if any of your items listed on the Platform qualifies as an
"Antiquity" or "Art treasure" as defined in the Act
("Artwork"), you shall indicate that such Artwork is
"non-exportable" and sold subject to the provisions of the
Antiquities and Art Treasures Act, 1972, and shall ensure that it is not
delivered to any buyer at any place outside India.
10. You shall strictly
comply with the Ramrajservices Group OFAC Policy (Trade Compliance Policy
Statement) as may be amended from time to time. The extant Trade Compliance
Policy Statement is available at the Seller Learning Centre.
11. Solely to enable us
to use the information you provide us with and so that we do not violate any
rights you might have in your information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and
sub-licensable (through multiple-tiers) right to exercise the copyright,
publicity or database rights or any other rights you have in your information
for any current or future promotional or advertising related activities and any
business purposes of Ramrajservices. We will only use your information in
accordance with this ToU and our Privacy
Policy.
12. From time to time
you shall be responsible for providing information relating to the items 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 items or services so as to mislead other
users on the Platform in any manner.
13. You shall not
engage in advertising or solicitation of other sellers on the Platform to buy
or sell any products or services, including but not limited to products or
services related to what is displayed on the Platform. You may not transmit any
chain letters or unsolicited commercial or junk email to other users
acquired/via the Platform. It shall be a violation of the ToU to use any information
obtained from the Platform in order to harass, abuse, or harm others or
contact, advertise and sell to or solicit persons other than those who have
chosen to buy from you. You understand that we have the right at all times to
disclose any information (including the identity of the persons who have
provided information or material on the Platform) as necessary to satisfy any
law, regulation, or valid governmental request. This may include, without
limitation, disclosure of the information in connection with the investigation
of an alleged illegal activity or its solicitation and/or response to a lawful
court order or subpoena. In addition, we can (and you hereby expressly
authorized us to) disclose any information about you to law enforcement or other
government officials as we, at our sole discretion, deem necessary or
appropriate in connection with the investigation and/or resolution of possible
crimes, especially those that may involve personal injury. We reserve the
right, but have no obligation, to monitor the material posted on the Platform. Ramrajservices
shall have the right, at its sole discretion, to remove any content that
violates or is alleged to violate any applicable law or either the spirit or
letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE
FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT
COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be
advised that such content posted does not reflect Ramrajservices’s views. In no
event shall Ramrajservices assume or have any responsibility or liability for
any content posted on the Platform or claims, damages, or losses resulting from
its use and/or appearance of it on the Platform. You hereby represent and
warrant that you have necessary rights to all the content you provide and all
information it contains and that such content shall not infringe any
proprietary or other rights of third parties or contain any misleading,
libellous, tortious, or otherwise unlawful information.
14. Your correspondence
or business dealings with or participation in the promotion of advertisers on
or through the Platform (including payment and delivery of related products or
services, any other terms, conditions, warranties, or representations
associated with such dealings) are solely between you and such advertisers. We
shall not be responsible or liable for any loss or damage of any sort incurred
as a result of such dealings or the presence of such advertisers on the
Platform.
15. It is possible that
other users (including unauthorized persons or ‘hackers’) may post or transmit
offensive or obscene material on the Platform and that you may be involuntarily
exposed to such material. It is also possible for others to obtain personal
information about you due to your use of the Platform and use such information
to harass or injure you. We do not approve of such unauthorized uses but by
using the Platform, 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 Platform. Please carefully select the type of information that
you publicly disclose or share with others on the Platform.
16. Ramrajservices
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 (denial of
service) / DDoS (Distributed Denial of Services).
Selling
As a registered seller,
you shall list item(s) for sale on the Platform in accordance with the policies
which are incorporated by way of reference in this ToU. You must be legally
able to sell the item(s) you list for sale on our Platform and must have all
the necessary licences and permits required for such sale. You must ensure that
the listed items do not infringe upon the intellectual property, trade secret
or other proprietary rights or rights of publicity or privacy rights of third
parties. Listings may only include text descriptions, graphics, pictures
or videos that describe your item for sale. All items must be listed in an
appropriate category on the Platform. All listed items must be kept in stock
for successful fulfilment of sales. The listing description of the item must
not be misleading and must describe actual condition of the product. If the
item description does not match the actual condition of the item, you agree to
refund any amount that you may have received from the buyer. You agree not to
list a single product in multiple quantities across various categories on the
Platform. Ramrajservices reserves the right to delete such multiple listings of
the same product listed by you in various categories. Ramrajservices reserves
the right to restrict the selling of products originating from certain
countries.
For Food and Nutrition
category, seller shall adhere to the minimum balance shelf life norms as
provided at the link here
Compliance
on selling of goods/services
You shall also ensure
full compliance with the provisions of Integrated Goods and Services
Tax (IGST), Central Goods and Services Tax (CGST) and Union
Territory Goods and Services Tax (UTGST) or State Goods and
Services Tax (SGST) in respect of the goods/services supplied by
you.
It is your
responsibility to charge appropriate goods and services taxes on the
supplies effected and remittance of the same to the Government. Ramrajservices
shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to
the tax collection at source provisions under IGST, CGST and/UTGST or
SGST, the portal would collect tax collection at source at applicable
rates on net value of taxable supplies made through the portal and remit to the
appropriate Government.
In case of any
mismatches on account of tax collection at
source, you shall be required to provide all relevant
information to Ramrajservices to correspond with the relevant
authorities and also in case of any liability accruing on account of omission
shall be your obligation to pay such deficit.
You shall be required
to provide the corresponding Harmonised System Nomenclature
(HSN) code number for every product listing . In the event
that you do not provide the HSN code number that
particular product will be delisted and you will no longer be
able to sell the product on our platform.
You shall also be
required to provide your GSTIN , without which we will not be able to
raise an invoice on you. In the event that you do not provide
your GSTIN number, transaction on your account will be blocked and orders will
not be processed on your account. In the event of you providing your Input
Service Distributor Registration Number, Ramrajservices would be issuing an
invoice to the ISD GST registration number as furnished by you. It is
your responsibility to undertake the necessary compliance required in respect
of the said ISD registration number.
In the event of any
conflict between the terms of this clause and any other clause in these terms
of use, the provisions of this clause will prevail.
We do not mandate that
any of your Products should be sold exclusively on the Platform. For the sake
of clarity, effective February 01, 2019, Ramrajservices unilaterally waives any
obligation on You to sell exclusively on the Platform. Any written or oral
arrangements to the contrary, shall stand unilaterally waived.
Content
Posted on the Platform
All text, graphics,
seller interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork, notes, messages, emails, billboard postings, drawings,
profiles, opinions, ideas, images, videos, audio files, other material or
information (collectively ‘Content’) are third-party generated Content and Ramrajservices
has no responsibility or liability over such third-party generated Content as Ramrajservices
is merely an intermediary for the purposes of this ToU. Except as expressly
provided in the ToU, no part of the Platform including the Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including ‘mirroring’) to
any other computer, server, website or other medium for publication,
distribution or any commercial enterprise without Ramrajservices’s prior
written consent.
You may use the
information on the products and services made available on the Platform for
downloading provided you:
(1) do not remove any
proprietary notice language in all copies of such Content;
(2) use such
Content only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast
it to any media;
(3) make no
modifications to any Content; and
(4) do not make any
additional representations or warranties relating to the Content.
You shall be
responsible for the Content posted or transmitted on the Platform by You. The
Content will become our property and you grant us the worldwide, perpetual,
royalty free and transferable rights in such content. We shall be entitled to,
consistent with our privacy policy as adopted in accordance with applicable
law, use the Content or any of its elements for any type of purpose
forever, including, but not limited to, promotional and advertising purposes in
any media, whether now known or hereafter devised or the creation of derivative
work. You agree that any content you post may be used by us, consistent with
this TOU, and you are not entitled to any payment or other compensation for
such use.
Limited
License
Ramrajservices grants
seller a limited, non-transferable, non-exclusive, non-sub licensable,
non-assignable and personal license to use "Powered by Ramrajservices"
and/or “Ramrajservices.com” name and/or logo on seller’s invoice for
transactions concluded on the Platform. Further, Ramrajservices grants seller a
limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and
personal license to use “Ramrajservices.com” name and/or logo on packing
material used by seller for delivery of Products sold on the Platform.
Payment
1. Transactions,
transaction price and all commercial terms such as delivery, dispatch of
products and/or services are as per principal to principal bipartite
contractual obligations between sellers and buyers and the payment facility is
merely used by sellers and buyers to facilitate the completion of transactions.
Use of the payment facility shall not render Ramrajservices liable or
responsible for non–delivery, non-receipt, non-payment, damage, breach of
representations and warranties, non-provision of after-sales or warranty
services or fraud as regards the products and/or services listed on the
Platform.
2. You have
specifically authorized Ramrajservices or its service providers to collect,
process, facilitate, and remit payments and/or the transaction price
electronically or through cash on delivery (CoD) to and from buyers in respect
of transactions through payment facility. Your relationship with Ramrajservices
is on a principal to principal basis and by accepting the ToU, you agree that Ramrajservices
is an independent contractor for all purposes and does not have control of or
liability for the products or services that are listed on the Platform and paid
for by using the payment facility. Ramrajservices does not guarantee the
identity of any User nor does it ensure that a buyer or a seller will complete
a transaction.
3. You understand,
accept, and agree that the payment facility provided by Ramrajservices is
neither a banking nor financial service, but merely a facilitator providing an
electronic, automated online electronic payment facility for receiving payment,
or cash on delivery (CoD) payment, collection and remittance for transactions on
the Platform using the existing authorized banking infrastructure and credit
card payment gateway (PG) network. Further, by providing payment facility, Ramrajservices
neither acts as a trustee nor fiduciary with respect to transaction or
transaction price.
It
is hereby clarified that cash on delivery (COD) option may not be available for
select products or categories, at Ramrajservices’s sole discretion.
4. All online bank transfers from valid bank
accounts are processed using the gateway provided by the respective issuing
bank that supports payment facility to provide these services to the users. All
such online bank transfers on payment facility are also governed by the terms
and conditions agreed to between a seller buyer and the respective issuing bank.
Dispatch
of products and/or services 1. You, as a seller, shall be required to
dispatch the products and/or services for every transaction to the buyer within
the time period as provided in the TOU to ensure that the products and/or
services are delivered in a timely manner. Further, you will solely be
responsible for undertaking transit insurance for products sold by You on the
Platform. For avoidance of doubt, Ramrajservices will not be responsible for
undertaking any insurance(s) for products sold by sellers on the Platform
2. Seller shall
provide dispatch details and details of after-sales services related to
products and services listed by it on the Platform to Ramrajservices in such a
manner and within a time period as provided in the policies, failing which the
transaction shall stand cancelled.
3. Seller shall
dispatch the products and/or services using only an approved delivery channel
which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs)
documentation. Such PoD documentation relating to delivery should be maintained
by a seller for a period of 3 (three) years from the date of dispatch. The PoDs
should be furnished to Ramrajservices on demand within the time frame as
notified from time to time.
4. Seller agrees
that the dispatch details shall be true, correct, and duly authorized and shall
not be misleading, fraudulent, false, unauthorized, illegal and shall not
contain any misrepresentation of facts.
5. In case a
seller fails to provide dispatch details or provides dispatch details not
complying with policies, it shall result in consequences as more specifically
stated in the TOU and may lead to suspension and/or termination of seller
account.
6. Seller agrees
that the transaction price paid by a buyer will be remitted to a seller’s bank
account contingent upon the following events:
a) Buyer confirms the
delivery of products and/or services in the transaction;
b) Buyer does not take
any action on payment facility to confirm delivery within such a time period as
provided in the policies despite confirmation of dispatch of products and/or
services by a seller to the buyer;
c) Buyer’s refund claim
is rejected by Ramrajservices due to any breach of the ToU, policies, and any
applicable law;
Once the transaction is
completed by the Seller, the remittance to seller shall be made in accordance
with RBI Intermediary Guidelines.
7. You are
required to route all shipments/consignments through the Logistic Partner,
unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service
provider as approved by Ramrajservices. Prepaid Payment Instruments
Ramrajservices may,
either itself or through third-party service providers, offer prepaid
instruments as a payment option for transactions on the Platform to users. Any
purchases by buyers on the Platform using the prepaid instruments shall be
governed by the following terms and conditions:
Financial
Facilities for customers
Ramrajservices has
operationalized tie-ups with multiple partners for providing financial
assistance to customers for purchasing products on the platform and thereby
enhancing the transaction capability of customers. In pursuance of the same, in
the event of the customers opting for the financial assistance program and you
duly receiving such amounts from the partners (on behalf of the customers), you
hereby agree to assign all receivables from the customer for such transaction.
Therefore you hereby agree that without any further action on your part, upon
receipt of amount due from such partners, any and all receivables due from the
customers shall stand assigned in favour of the partner. You hereby authorize Ramrajservices
to enter into any documentation on your behalf to complete and perfect the
assignment. Upon such assignment, the financing partner shall have all the
rights as the seller may have had in relation to the collection of receivables
from the customer and the customer shall be required to repay the financing
partner directly. The lending partner further reserves the right to assign and
transfer such receivables under these terms and conditions to an NBFC/financial
institution as it may deem fit.
Charges
Registration on the
Platform is free. Ramrajservices does not charge any fee for
browsing/registering on the Platform. However, before you list a product or
service for sale through the Platform, we request you to review our fee policy,
which is hereby incorporated by reference into this ToU. Ramrajservices
reserves the right to change its fee policy from time to time. In particular, Ramrajservices
may, at its sole discretion, introduce new services and modify some or all of
the existing services offered on the Platform. In such an event, Ramrajservices
reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing services, as the case may be. Changes to the
fee policy shall be posted on the Platform and such changes shall automatically
become effective immediately after they are posted on the Platform. Unless
otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable
to Ramrajservices. You shall be solely responsible for compliance with all
applicable laws for making payments to Ramrajservices. You hereby agree that Ramrajservices
shall have the right to set off any amounts due and payable by You to Ramrajservices
against any payments due from Ramrajservices to You.
GST
/Taxes: You are
responsible for paying all fees associated with the use of the Platform and
charges collected in respect of such usage. You agree to bear any and all
applicable taxes, charges, cesses levied thereon (including
CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
1. A seller
agrees that Ramrajservices may offer to provide express remittance to eligible
sellers as per payments settlement policy. Express Remittance shall be subject
to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Ramrajservices,
at its sole discretion, may make such an offer to eligible sellers and the same
shall not be construed as a right but only as a privilege. Eligible sellers
understand that Ramrajservices reserves the right to withdraw Express
Remittance at any time for any violation of the ToU or Ramrajservices’s
policies and/or failure by the eligible sellers to maintain or comply with the
parameters as may be decided by Ramrajservices from time to time.
2. Invoice generation:
A seller expressly agrees that issuing correct and complete invoice is the sole
and primary responsibility of a seller. We will assist you with this process by
generating an invoice on your behalf. For us to generate these invoices,
we would need a digital image of your signature which will be affixed on the
invoice. The invoice shall then be generated and sent to the seller. The seller
shall be required to physically sign the invoice, print the invoice and affix
the same on the consignment. The invoice generated by Ramrajservices shall be
affixed by the seller on the consignment. Notwithstanding anything else
contained in these terms of use, the seller shall be solely liable for any
liability which may be imposed by taxation authorities for any discrepancy in
the invoices.
A seller expressly
agrees that issuing correct and complete invoice is the sole and primary
responsibility of a seller. Furthermore, seller shall ensure that invoices
state ‘Powered by Ramrajservices’ and failing to do so, a seller shall be
liable to chargebacks (as applicable).
3. In case of any
chargebacks levied by the bank, Ramrajservices shall have the right to deduct
such chargebacks from seller remittances, present and future, and a seller’s
only remedy will be to discuss and resolve the same with the bank. A seller
hereby agrees to extend full co-operation in resolving the chargeback disputes
raised by a buyer through the bank and shall provide necessary documentation
regarding the transaction to the complete satisfaction of the bank. In case the
chargeback is ruled against a seller, Ramrajservices shall be entitled and
authorized to recover the same from the seller to its fullest extent and the
bank’s decision shall be final and binding in this regard. In the event Ramrajservices
has made any excess payment to seller inadvertently, such excess payments shall
be set-off from any future payments payable by Ramrajservices to the seller.
4. Ramrajservices
may delay notifying the payment confirmation, i.e. informing seller to dispatch
if Ramrajservices deems suspicious or a buyer conducts high transaction volumes
to ensure safety of the transaction and transaction price. In addition, Ramrajservices
may hold transaction price and not inform seller to dispatch or remit
transaction price to law enforcement officials (instead of refunding the same
to a buyer) at the request of law enforcement officials or in the event of a
buyer being engaged in any form of illegal activity.
5. Sellers
acknowledge that Ramrajservices will not be liable for any damages, interests,
claims etc. resulting from not processing a transaction/transaction price or
any delay in processing a transaction/transaction price that is beyond the
control of Ramrajservices.
6. Ramrajservices shall
make payments into the bank account provided by a seller during the seller
registration process. Once Ramrajservices has made payments into such a bank
account number, Ramrajservices shall be discharged of any/all liabilities towards
the seller and the seller shall not be eligible for any claims whatsoever.
Compliance
with Laws:
1. Seller shall
comply with all the applicable laws, including but not limited to Food Safety
and Standard Authority of India (FSSAI) and obtain all necessary licences
and permits applicable to them.
2. In the event of sale
of jewellery, seller shall provide hallmark certificate (in accordance with
applicable laws) along with the product at the time of delivery. Further, it
shall be sole responsibility of the seller to comply with hallmarking or other
similar provisions applicable for the sale of jewellery and Ramrajservices
shall not be liable whatsoever for any non-compliance in this regard.
3. In the event
of sale of jewellery, seller shall ensure conducting of buyer KYC in accordance
with the prevention of anti-money laundering laws and other applicable laws. Ramrajservices
hereby disclaims any responsibility for conducting Buyer KYC.
Product
Description
Ramrajservices does not
warrant that product description or other content on the Platform is accurate,
complete, reliable, current, or error-free and assumes no liability in this
regard.
Audits
Ramrajservices shall
have the right to inspect and audit seller’s records and premises / place of
business through itself or through Ramrajservices approved third party testing
agencies. Cost of such audit shall solely be borne by Ramrajservices unless
audit reflects discrepancy in seller accounts / non-compliance with Ramrajservices’s
seller policies, in which case cost of audit shall be borne by the seller.
Breach
Without limiting other
remedies, we may limit your activity, immediately remove your information, warn
other users of your actions immediately, temporarily/indefinitely
suspend/terminate/block your account and/or refuse you access to the Platform
in the event of, including but not limited to, the following:
1. if you breach the
ToU, privacy policy or other policies (if any);
2. if we are unable to
verify or authenticate any information you provide; or
3. if it is believed
that your actions may cause legal liability for you, other users, or us;
We may at any time, at
our sole discretion, reinstate suspended sellers. A seller that has been
suspended or blocked may not register or attempt to register with us or use the
Platform (through itself or any other entity or legal form) in any manner
whatsoever until such time that such a seller is reinstated by us. Notwithstanding
the foregoing, if you breach the ToU or other rules and policies, we reserve
the right to recover any amounts due and owed by you to us and 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.
Indemnity
You shall indemnify and
hold harmless Ramrajservices its owner, licensee, affiliates, subsidiaries,
group companies (as applicable) and their respective officers, directors, agents,
and employees from any claim, demand, or actions including reasonable
attorneys' fees made by any third party or penalty imposed due to or arising
out of your breach of the ToU, privacy policy and other policies or your
violation of any law, rules, regulations or the rights (including infringement
of intellectual property rights) of a third party.
Trademark
complaint
Ramrajservices respects
the intellectual property of others. In case you feel that your trademark has
been infringed, you can write to Ramrajservices at info@ramrajservices.com.
Copyright complaint
Ramrajservices respect
the intellectual property of others. In case you feel that your work has been
copied in any way that constitutes copyright infringement you can write to Ramrajservices
at info@ramrajservices.com.
Trademark, Copyright
and Restriction
The Website is
controlled and operated by Ramrajservices and products are sold by respective
registered sellers. All material on the Platform, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks and other intellectual property rights. You must not copy, reproduce,
republish, upload, post, transmit, or distribute Ramrajservices’s or other
sellers’ material in any way, including by email or other electronic means and
whether, directly or indirectly, you must not assist any other person to do so.
Without the prior written consent of the owner, modification or use of the
material on any other website/networked computer environment or for any purpose
other than personal, non-commercial use is a violation of the copyrights,
trademarks, and other proprietary rights is prohibited. Any use for which you
receive any remuneration, whether money or otherwise, is a commercial use for
the purposes of this clause.
Limitation
of Liability
IN NO EVENT SHALL RAMRAJSERVICES
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF
ANY KIND IN CONNECTION WITH THE TOU, EVEN IF RAMRAJSERVICES HAS BEEN INFORMED
IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable
Law
The ToU shall be
governed, interpreted, and construed in accordance with the laws of India. The
place of jurisdiction shall exclusively be Raipur.
Jurisdictional
Issues/Sale in India Only
Unless otherwise
specified, the material on the Website is presented solely for the purpose of
sale in India. Ramrajservices makes no representation that the material on the
Website is appropriate or available for use in other locations/countries other
than India. Those who choose to access the Website from other
locations/countries other than India do so on their own initiative and Ramrajservices
is not responsible for supply of products/refund for the products ordered from
other locations/countries other than India and compliance with local laws, if
and to the extent local laws are applicable.
Contact
Us
Please send any
comments or questions, including all enquiries not related to trademark and
copyright infringement, on the Website to info@ramrajservices.com.
Grievance Officer
In accordance with the
IT Act, 2000, and the rules thereunder, the name and contact details of the
grievance officer are provided below:
Mr.
Avinash K. Shukla
Ramraj Services Private
Limited
PLOT NO. 27,
VEDNATHPURAM SEMRA GAURI, SITAPUR ROAD LUCKNOW Lucknow UP 226021 IN
Phone: +91- 9630093998
Email: info@ramrajservices.com
Time: Mon – Sat (10:00
– 18:00)