TERMS OF SERVICE
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.
The domain name www.beyondthoughts.co, and the Site is owned and operated by Hanzas Private Limited (hereinafter referred to as ‘Beyond Thoughts’, ‘Company’, ‘us’, ‘we’), a company incorporated under the Companies Act, 2013, with its registered office at Room No. 14/110, Transit Camp, Near Rizvi Garden, Reclamation, Bandra West, Mumbai- 400 050, Maharashtra, India.
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT (“YOU”) AND HANZAS PRIVATE LIMITED. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Your Account and Registration Obligations
To begin the enrolment process, you must complete the registration process on the Site, for one or more of the Services. In the course of your use of the Site, 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 this Agreement, we shall have the right to suspend or terminate your account on the Site or indefinitely block you from accessing the Site.
As used in this Agreement, the following terms have the following meanings:
“Affiliate” means with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with, such entity.
“Business Days” means any day of the week (excluding Saturdays, Sundays and public holidays) on which commercial banks are open for business in Mumbai, India.
“Confidential Information” means information relating to us, to the Services or customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services, data derived from the Services except for data (other than customer personal data) arising from the sale of your products or services comprising of products or services sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.
“Intellectual Property Rights” means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
“Law(s)” means any law, ordinance, rule, regulation, order, license, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.
“Local Currency” means Indian Rupees (INR).
“Service” means each of the following services that Company makes available on its Site.
“Trademark” means any trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under applicable Laws.
“Your Materials” means your Trademarks, product information, data, materials, and other items provided or made available by you or your
Affiliates to Company or its Affiliates.
“Your Product” means any product or service that is made available for listing for sale, offered for sale or sold by you through the Site through your Account.
“Your Trademarks” means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; (b) through your Account for sale of Your Products through your Account and (c) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.
“Your Transaction” means any sale of Your Product(s) through the Site.
3. Your Listings and Orders
You will provide accurate and complete product information for each product that you make available to be listed for sale through the Site and promptly update such information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on the Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. For each item you list on the Site, you will provide to us the state or country from which the item ships. You are solely responsible for sale and fulfillment of orders placed on the Site for Your Products including, packaging as per acceptable industry standards and laws, shipping and delivery. You will ensure that descriptions, images, and other content pertaining to Your Products on the Site is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of Your Products. Company is merely an intermediary and does not interfere in the transaction between You and the customer.
4. Shipping and Handling Charges. For all your listed Products on the Site, you will determine shipping and handling charges. Any such amounts, paid by the customer towards shipping and handling charges, shall be your proceeds, subject to deduction of applicable charges as may be determined by us and you are solely responsible for reporting and remitting any applicable taxes on the shipping and handling charges.
You are responsible to dispatch the Your Products 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 you for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to the Company on demand within the time frame as notified from time to time. You agree 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.
In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in suspension and/or termination of seller account.
5. Returns and Refunds
In case Your Products are damaged, defective or deficient or not of the characteristics or features as advertised on the Site, you will accept and process returns, withdraw services, refund and make adjustments for such orders within 30 days of the user or customer raising such issue, claim or refund. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions.
Your Transactions, 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 the Company 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 by You on the Site.
You understand, accept, and agree that the payment facility provided by Company 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 Site using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Company neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
7. Transactions and Communication
1. All commercial/contractual terms are offered by You and agreed upon between you and the customers 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. Company 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 customers.
2. Company does not make any representations or warranties regarding specifics (such as quality, value, and salebility) of the Your Products proposed to be sold, offered to be sold or purchased on the Site. Company does not implicitly or explicitly support or endorse the sale or purchase of any of Your products on the Site. Company accepts no liability for any errors or omissions of third parties in relation to the products and services.
3. Company is not responsible for any non-performance or breach of any contract between You and customers. Company cannot and does not guarantee that you and customers concerned will perform transaction(s) concluded on the Site. Company shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
4. Company 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 customer you choose to deal with on the Site and use your best judgment in that regard.
5. Company does not at any point in time during a transaction between you and a customer on the Site come into or take possession of any of the Your Products, gain title to or have any rights or claims over Your Products offered to the customers.
6. At no time shall Company hold any right/title to or interest in Your Products nor have any obligations or liabilities with respect to such a contract. Company 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. Company only provides a platform for communication and it is agreed that the contract for sale of any of Your Products shall be a strictly bipartite contract between you and the customer.
8. You release and indemnify Company 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 Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Company cannot control the information provided by other users which is made available on the Site. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Site. Please note that there may be risks in dealing with underage persons or people acting under false pretense.
8. Customer Service
We will be responsible for all customer grievance related issues relating to packaging, handling and shipment and customer returns, refunds and adjustments related to Your Products. You will be responsible for VAT/CST related customer service enquiries including but not limited to pricing and tax obligations including but not limited to VAT/CST, sales, service and goods and services taxes invoices and credit memos.
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 Site in the event of, including but not limited to, the following:
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 your Account. A seller that has been suspended or blocked may not register or attempt to register with us or use the Site (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 Terms of Service 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.
11. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
12. Applicable Law
These Terms of Services shall be governed, interpreted, and construed in accordance with the laws of India. The jurisdiction with respect to any matters arising out of these Terms of Service shall exclusively be Mumbai.
13. Contact Us
Please send any comments or questions, including all enquiries regarding the Site to ____________________.
In accordance with the Consumer Protection (E-commerce Rules), 2020, the name and contact details of the grievance officer are provided below: