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Terms and Conditions for use of Services at Common Seal Store

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of www.commonsealstore.com or any other portal as may be launched by GovPro Advisory LLP.

1.            INTRODUCTION

1.1          These terms and conditions ("Terms and Conditions") and all applicable Policies (as defined below) which are herein incorporated by way of reference govern your rights and obligations as an User (defined below) of the Common Seal Store (defined below) while  accessing and using the Common Seal Store Platform and/or availing the Services (defined below) and/or Indirect Services (defined below), as may be rendered by GovPro Advisory LLP, an LLP incorporated under the LLP Act, 2008, having its registered office at 16, Mauli Complex, Besides Durga Mata Temple, Behind Akashwani, Jawahar Colony Road, Aurangabad – 431 005, ("Common Seal Store") through the 'Common Seal Store'™ web portal (domain name– .com or any other portal/subdomain as may be launched time to time including Mobile & web applications and Voice integration.) ("Common Seal Store Platform") to User's from time to time. Any reference to "you" or "User" or "User's" in these Terms and Conditions, means you the User of the Common Seal Store Platform, buying or selling the Products (defined below) and/or availing any of the Services and/or Indirect Services available on the Common Seal Store Platform.

1.2          As a User, your access to and use of the Common Seal Store Platform are conditional upon your acceptance of and continuous  compliance with these Terms and Conditions at all times. By accessing, browsing and/or using the Common Seal Store Platform and/or availing any of the Services and/or Indirect Services, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the Common Seal Store Platform and/or Services and/or Indirect Services being provided by Common Seal Store Stores ("Policies"), as may be modified by Common Seal Store Stores from time to time, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. Common Seal Store Stores shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its Policies relating to the provisions of Services on the Common Seal Store Platform, at any time without any prior written notice or intimation. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and  Policies on the Common Seal Store Platform periodically and keep updated.

 2.            User Eligibility

2.1          The Services and the Indirect Services on the Common Seal Store Platform are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Common Seal Store Platform ("User"). Any person using the Services and the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorised to accept the Terms and Conditions and the Policies by the User and that such person has the authority to bind the User to these Terms and Conditions and the Policies.

 3.            Services

 3.1          Common Seal Store Platform

Common Seal Store platform is a platform provided by Common Seal Store Stores to its Users to buy and sell Products listed on the Common Seal Store Platform by various User's registered with Common Seal Store Stores. It is hereby clarified that Common Seal Store Stores is not a party to any transaction between the Users of the Common Seal Store Platform and shall not be responsible in any manner whatsoever for any representations made by a User on the Common Seal Store Platform.

 3.2          listing on the Common Seal Store Platform

 3.2.1      Common Seal Store Stores provides the User's with an Common Seal Store platform to display and showcase merchandise/tangible products manufactured and/or distributed by the User's ("Products") and for sale and purchase by other User's ordering and buying the Products on the platform. Common Seal Store Stores shall also provide such other services as may be included and modified by Common Seal Store Stores from time to time. Common Seal Store Stores may charge the Seller for various type of various as may be decided from time to Time. Fees may include, Listing fees, Deal evaluation fees, commission on product sold, transaction processing fees, Integration fees , any other fees as may be levied from time to time. The Services and Indirect Services are governed by these Terms and Conditions and all applicable Policies of the Common Seal Store Platform, as may be amended from time to time and shall be deemed to  be incorporated in these Terms and Conditions by way of reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services and Indirect Services shall be subject to these Terms and Conditions.

3.3          Indirect Services

3.3.1      In addition to providing a platform to the Users for listing the Products on the Common Seal Store Platform, Common Seal Store Stores shall from time to time provide additional services including  setting up  webCommon Seal Store Platforms or e-commerce platforms for User's to directly display and showcase its Products, create advertising space wherein User's can advertise their Products ("Indirect Services") The list of Indirect Services may be amended and modified by Common Seal Store Stores from time to time at the sole discretion and option.

3.3.2      As part of the Indirect Services Common Seal Store Stores may either directly or through third party service providers offer Indirect Services which shall include   setting up independent webCommon Seal Store Platforms or e-commerce platforms, Integration on Face book page, for Users,  providing advertisement space for increasing the visibility of a User on the Common Seal Store Platform, third party web platforms, newspapers, radio and such other medium and other financial consultancy and liasioning services as may be  s intimated and offered by Common Seal Store Stores from time to time as part of its Indirect Services.In order to avail these Indirect Service, the User shall be required to provide certain additional information or signing up fees as may be required by Common Seal Store Stores from time to time.  Common Seal Store Stores  shall have the absolute right to use this information, including providing such information to a third party service provider engaged by Common Seal Store Stores for providing the Indirect Services. It is hereby clarified that for the Indirect Services availed by an User which is to be provided by third party service providers, the User shall in addition to these Terms and Conditions and Policies will also be governed by the terms and conditions as may agreed upon between Common Seal Store Stores and the third party service provider, and the User availing such additional services through Common Seal Store Stores shall at all times be bound by the terms and conditions agreed between Common Seal Store Stores and the third party, and in this regard the User authorizes Common Seal Store Stores to accept such additional terms and conditions of a third party service provider on its behalf. Common Seal Store Stores makes no representations and warranties as to the safety of the information transmitted to any third party providing the aforementioned Indirect Services and Common Seal Store Stores shall not in any manner be liable either to the User or to the third party in this regard. 

3.4          Payment gateway services and delivery of Products

In the event the Products listed by a User on the Common Seal Store Platform are directly purchased from such User, then upon receipt of a prior written request from such User selling the Product, Common Seal Store Stores may at its discretion facilitate/arrange associated services for such User including, payment gateway services for the payment and logistical support for pickup and delivery of the Products in relation to a sale solicited through the Common Seal Store Platform, which shall be governed by these Terms and Conditions Common Seal Store Stores and a  Fees shall be payable by the  User being the seller to Common Seal Store Stores as per the Terms and Conditions and the Policies.

3.5          The aforementioned Services are governed by these Terms and Conditions and applicable Policies of the Common Seal Store Platform, as may be amended from time to time and as will be incorporated in these Terms and Conditions and the Policies by reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms and Conditions.

3.6          There may be transaction wherein a User being the buyer, buys a Product from the Common Seal Store Platform using the Common Seal Store Stores payment gateway services, but the User being the seller and the User being the buyer decides that the Product shall be delivered by the User being the seller directly to the User being the buyer and the logistics Services of Common Seal Store Stores is not used for completing the Transaction. The Transaction will still be governed by these Terms and Conditions and the Policies and a Fees shall be payable by the User being the seller to Common Seal Store Stores as the Terms and Conditions and the Policies.

 4.            Terms of Use

 4.1          Use of the Common Seal Store Platform

4.1.1      It is hereby clarified that all Products listed by the Users and the content advertised are provided by the Users registered with the Common Seal Store Platform and are third party user generated content. The User agrees and acknowledges that it has had the opportunity to independently investigate, analyze and construe the business opportunity being offered under these Terms and Conditions.

 4.1.2      The User, selling its Products, shall at its own, provide all relevant material and price information/deals and offers related to the Products to Common Seal Store Stores for including the said information and details on the Common Seal Store Platform. All such information shall be provided to Common Seal Store Stores atleast 5 days in advance of listing the Products on the Common Seal Store Platform and shall be in the manner prescribed by Common Seal Store Stores from time to time.

 4.1.3      The User, selling the Products, shall duly comply with all requirements specified in these Terms and Conditions and all other applicable Policies of the Common Seal Store Platform as may be amended from time to time by Common Seal Store Stores .

  4.1.4     The User, selling the Products, shall not offer out-of-stock or expired Products for sale and shall be solely liable for quality, quantity, efficiency and the User's ability of selling the Products. Common Seal Store Stores shall not be responsible for the quality, quantity, stability, or other specifications of the Products offered to be sold and purchased on the Common Seal Store Platform. Common Seal Store Stores shall not be responsible for any errors or omissions in relation to the Products.

 4.1.5      The User, selling its Products, shall be solely responsible for accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products offered on the Common Seal Store Platform. The rates provided to Common Seal Store Stores for display on Common Seal Store Platform shall at all times include all applicable taxes, Fees, charges and any other payments due to any other parties by the User. The User selling its Products on the Common Seal Store Platform agrees that it shall keep Common Seal Store Stores indemnified as per Sections 9 of these Terms and Conditions.

 4. 1.6     The User, selling a Product, confirms and undertakes ownership of the Products and confirms that it shall at all times have marketable and legal ownership and title in respect of all Products offered on the Common Seal Store Platform and shall pass on marketable and legal ownership and title to User buying the Product upon completion of Transaction.

 4.1.7      A User, selling the Products, shall inform Common Seal Store Stores the terms of sale of its Products and conform to the Return, Reject and Cancellation Policy and the Delivery and Shipment Policy displayed on the Common Seal Store Platform offered by Common Seal Store Stores for completing Transactions.

 4.1.8      A User selling the Products on the Common Seal Store Platform shall comply with all applicable laws and regulations in offering the Products and shall ensure that all requiCommon Seal Store Platform approvals, licenses and registrations as required under applicable laws and regulations are kept in full force and effect to enable such User to offer the Products for sale through the Common Seal Store Platform and will not do or permit anything to be done which might cause or otherwise result in a breach of these Terms and Conditions and Policies  or cause any detriment to the Transactions herein envisaged.

 

4. 1.9     All complaints relating to the Products purchased from the Common Seal Store Platform shall be routed through the User complaint/redressal mechanism provided on the Common Seal Store Platform. The User being the Seller shall be responsible to resolve the User being the buyer's Product and other complaints to the satisfaction of the User being the buyer's satisfaction. Common Seal Store Stores shall only be the facilitating link between the User buying the Products and the User selling the Product for any complaints in relation to the Products sold. The User selling its Products agrees and confirms that all customer complaints, Product complaints and Transaction failure complaints shall solely be to its account and it shall undertake all necessary steps as may be required as per the  complaint/redressal mechanism  of Common Seal Store Stores to resolve the complaints at its own initiative and cost. Further, such User acknowledges that Common Seal Store Stores shall not in any way be responsible for ensuring resolution of the complaints and Common Seal Store Stores shall not in any manner either directly or indirectly be liable for any claims made by an User in relation to the Products, Services and Indirect Services provided on/ through the Common Seal Store Platform.

 4. 1.10   The User does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 ("IT Act") as also rules, regulations, guidelines, bye laws and notifications made thereunder, [while assessing or feeding any information/data into the computers, computer systems or computer network of Common Seal Store Stores]. The User does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, byelaws and notifications made thereunder, the User shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

 4. 1.11   The Users shall keep confidential, all information it receives by transacting on the Common Seal Store Platform. Breach of this Section and terms of the Privacy Policy. displayed on the Common Seal Store Platform by a User will be considered a material breach and result in immediate discontinuation of the Services by Common Seal Store Stores to such User. Breach of confidentiality provisions by a User shall cause immediate termination and appropriate legal action being initiated against such User by Common Seal Store Stores.

 4. 1.12   The User acknowledges that it shall take all precautions as may be directed by Common Seal Store Stores to ensure that there is no breach of security and integrity of the Common Seal Store Platform. Common Seal Store Stores shall not be responsible for any loss incurred by a User for a failed / incomplete  Transaction on the Common Seal Store Platform.

4. 1.13   The User acknowledges that Common Seal Store Stores has no connection or interest whatsoever in the business of the User selling the Products on the Common Seal Store Platform or the Products marketed by such Users and Common Seal Store Stores does not in any manner take part in the business of the User, directly or indirectly and is not responsible for the Products provided by the User. A User buying the product hereby acknowledges that before placing an order for a Product the User being the seller has performed a diligence and background check of the User selling the Product and is entering into the Transaction being aware of the Terms and Conditions. The User further acknowledges that Services and Indirect Services being provided by Common Seal Store Stores is being provided by it as  an independent contractor, and Common Seal Store Stores is in no manner acting as an agent of either the User or of the third party service providerCommon Seal Store Stores.

4. 1.14   The User acknowledges that the Common Seal Store Platform shall provide information pertaining to other User's availing the Services and/or Indirect Services and information pertaining to Common Seal Store Stores. User's hereby agree that it shall not copy, modify or distribute or misuse any information provided on the Common Seal Store Platform for its personal use or gain. The User acknowledges that Common Seal Store Stores is the sole and rightful owner of the Intellectual Property and the User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these Terms and Conditions.  "Intellectual Property" shall mean any and all  property in any name, signature, word, letter, numeral or any combination thereof, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to Common Seal Store Stores;

 The User further acknowledges that Common Seal Store Stores may collect, transfer, store and use the information provided by such User on the Common Seal Store Platform for the purpose of providing the Services and the Indirect Services..

4.1.15    The User acknowledges that Common Seal Store Stores's liability with respect to the Services and Indirect Services shall be limited and shall be as per these Terms and Conditions. Common Seal Store Stores reserves the right, in its sole discretion and without assigning any reason, to exclude certain Products offered by a User from being displayed for sale on the Common Seal Store Platform, wherein such Products are deemed unfit or unsuitable by Common Seal Store Stores at its sole discretion.

4. 1.16   The User agrees and confirms that the sole and exclusive responsibility and obligation of Common Seal Store Stores is to ensure that the Services and Indirect Services are being provided in compliance of all applicable laws, rules and regulations.

4. 1.17   The User acknowledges that the Services to the Common Seal Store Platform may be interrupted while browsing, transacting, using or uploading information on the Common Seal Store Platform . The User's further agree that Common Seal Store Stores reserves the right to suspend the Services and/or Indirect Services, forthwith without assigning any reason whatsoever, at the sole discretion of Common Seal Store Stores.

4.1.18    The User agrees that, if it does not agree to the applicability of any of the Terms and Conditions and the Policies contained herein or other Policies on the Common Seal Store Platform, then the only remedy a User shall have will be to not use the Services and discontinue using its account on the Common Seal Store Platform. However till such time that the User uses the Common Seal Store Platform and avails the Services and/or the Indirect Services it shall be deemed that the User agrees to and shall continue to adhere and abide by the Terms and Conditions and the Policies.           

4. 1.19   The User agrees and confirms that the payment gateway and logistic support Services are being provided by Common Seal Store Stores on a best efforts basis with all efforts to keep these valid and subsisting. Common Seal Store Stores shall not in any manner be liable to a User for failure or delay in  provide these Services.

4.1.20    A User will be required to provide a valid phone number in order to avail the Services provided by Common Seal Store Stores, including and not limited to placing orders for buying the Products. By registering their phone number with Common Seal Store Stores, the User consents to be contacted by Common Seal Store Stores via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. 

4.1.21    The User undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:

 (i)            belongs to another person and to which a User does not have any right to;

(ii)           is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,  libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

                (iii)          harm minors in any way;

                (iv)         infringes any patent, trademark, copyright or other proprietary rights;

                (v)          violates any law for the time being in force;

                (vi)         deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

                (v)          impersonate another person;

                (vi)         contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

                (vii)        threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

4.2          Fee

4.2.1      The Services are being rendered by Common Seal Store Stores to a User selling its Products, for a transaction fee payable to Common Seal Store Stores ("Fee") which shall be intimated by Common Seal Store Stores to the User being the seller from time to time.  In this regard a "Transaction" shall mean once a Product is delivered to the User being the buyer and the User is satisfied with the Product received by it and does not return the Product to the User being the Seller.  Further, Common Seal Store Stores shall have the right to charge a fee for each Transaction carried out between the User's directly and the User selling a Product directly shall inform Common Seal Store Stores of each such Transaction receiving an order from a User buying a Product. The Fee payable for the Services being provided by Common Seal Store Stores shall be paid as per the Payment and Seller Account Reconciliation Policy.

4.2.2      The payment and account reconciliation cycle for the Fee shall be as per the Payment and Account Reconciliation Policy displayed on the Common Seal Store Platform. The updated account details of Seller account pertaining to the Transactions shall at all times be accessible on the Common Seal Store Platform by the respective user.

 5.                  RIGHTS AND OBLIGATIONS OF THE USER BEING SELEER

5.1               The USER during the Term of this Agreement, shall be solely responsible for: 

5.1.1         procuring and keeping all licenses, registrations, authorizations and clearances under Applicable Laws valid with respect to the Products and the business carried on by the User from time to time, including all municipal local, state and central registrations and permits for safe storage of the Products within the designated area, sales tax registrations etc.;

5.1.2          all statutory compliances and timely payment of all statutory dues, including and not limited to taxes, cesses etc. relating to sale of Product by the User being Seller to the User being Buyers through the Common Seal Store Platform/ User Site, as and when the dues become payable to the relevant statutory authorities.

5.1.3          the clearance of the Products from customs in case of imported Products, clearance of Products in case of inter-state movement and timely filing of all statutory returns including sales tax returns; obtaining sales tax assessment orders etc. at its own cost and expense; and

5.1.4          providing standard manufacturers or seller warranty associated with the Products. The User being Seller shall issue a suitable, duly stamped, manufacturer's warranty card to the User being Buyer with the Product (if applicable).

5.2               The User hereby agrees to accept all returns of the Products which are refused/not delivered/not accepted by the Buyer at the time of delivery. Common Seal Store Stores will not charge anything for RTO/Return shipments to User.

5.3               The User unless specifically provided for in this Agreement, shall comply with all the Terms and Conditions and the Policies pertaining to the use of Common Seal Store Platform, which are available on www.Common Seal Storebazaar.com and the same shall form part of this Agreement. In case of contradiction between Agreement & Terms & conditions updated on website from time to time, the Terms & conditions will prevail over this Agreement unless until stated otherwise in writing.

5.4               The User acknowledges that it shall at all times have marketable and legal ownership and title in respect of all Products offered on the Common Seal Store Platform and shall pass on marketable and legal ownership and title to the Buyer upon successful completion of delivery and acceptance of the Products by the Buyer. The User will be the owner and all the ownership rights and property of, in and upon the Products and any other property entrusted to Common Seal Store Stores and/or the authorized representative of Common Seal Store Stores for the conduct of activities under this Agreement, until transferred to the Buyer shall vest in the User.

5.5               The User hereby undertakes that all Products which would be displayed or sold through the Common Seal Store Platform or delivered through the Common Seal Store Distribution Network are allowed to be sold in India as per Applicable Laws and the Products handed over to Common Seal Store Stores by the User for delivery/ distribution shall at all times comply with the specifications for delivery/ distribution under Applicable Laws, including without limitation the rules and regulations of the International Air Transport Association  (as applicable) and the Motor Vehicles Act, 1988 read with the applicable rules.

5.6               The User hereby agrees and acknowledges that Common Seal Store Stores, shall, in relation to the Services being provided by it under this Agreement, at times during the Term of this Agreement, have the right to collect payments from the Buyers and manage the logistics in the manner it deems appropriate, for and on behalf of the User. The User hereby assigns all rights in relation thereto. 

5.7               The User hereby grants Common Seal Store Stores and its associates and representatives for the purposes of this Agreement, a non-exclusive, royalty-free, sub-licensable, limited license to use, display and reproduce the trademarks, service marks and logos and/or any other content provided by the User under this Agreement to Common Seal Store Stores for display on its website. The User hereby confirms that it has the requisite right/permission to use the said marks, logos and/or other content as may be provided by it to Common Seal Store Stores, and to grant permission to use as stated herein. Without prejudice to the other rights available to Common Seal Store Stores under this Agreement or under Applicable Law, the User undertakes to keep Common Seal Store Stores, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result ofuse of the trademarks, service marks and logos and/or other content provided by the User to Common Seal Store Stores for display on the website of Common Seal Store Stores or the User Site.

5.8                The User has necessary permissions for selling the goods online at the discounted rate. User also has necessary permission to publish logo of the brands he is selling on the Common Seal Store Platform.

 

5.            Mode of payment for purchase of Products by a User

5.1.1      A User buying a Product using the Common Seal Store Platform may make the payment using any of the payment methods available on the Common Seal Store Platform. By purchasing a Product using the Common Seal Store Platform, the User authorises Common Seal Store Stores or its authorised representatives to collect, process, facilitate and remit the payments to the User selling the Product.

5.1.2      By purchasing the Products using the Common Seal Store Platform and authorizing Common Seal Store Stores to process the payment, the User agrees, accepts and understands that Common Seal Store Stores as part of its Services is only a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the sale and purchase of the Products.

5.1.3      The User understands that by ordering a Product using the Common Seal Store Platform, the User buying the Product is entering into a binding agreement with the User selling the Product to purchase the Product using the payment facilities available on the Common Seal Store Platform.

6.            Payment to User's selling their Products on the Common Seal Store Platform

6.1          Notwithstanding anything contained in these Terms and Conditions, the User selling its Products shall be entitled to receive payments for the Products sold through the Common Seal Store Platform after such period as per the Payment and Account Reconciliation Policy displayed on the Common Seal Store Platform. Common Seal Store Stores shall be entitled to set off the Fee payable by such User to Common Seal Store for the Services against the payments required to be made by Common Seal Store Stores to the User for the Products sold through the Common Seal Store Platform. However, a User shall not be entitled to receive payments for the Products sold through the Common Seal Store Platform from Common Seal Store Stores, if:

(i)            any transaction is suspected to be or is unlawful or unenforceable, as determined by Common Seal Store Stores in its sole discretion; or

(ii)           if a Transaction is not completed or any Product sold through the Common Seal Store Platform is returned by a User; or

(iii)          Common Seal Store Stores ceases to render the Services to a User, including for reasons that may have been separately provided for in these Terms and Conditions or a related agreements/ Policies, whether expressly stated in these Terms and Conditions and the Policies or not.

 6.2          The User, selling its Products, shall at all times, be liable to pay and shall pay all applicable taxes (including any applicable withholding taxes) in relation to all sales of the Products made through the Common Seal Store Platform by way of utilizing the Services. The User shall provide an all-inclusive price for the Products for display on the Common Seal Store Platform, including all taxes, regulatory payments, service charges and other Transaction related charges.

6.3          All payments required to be paid by Common Seal Store Stores to the User for the sale of a Product under these Terms and Conditions and the Policies shall immediately be suspended till such time as Common Seal Store Stores deems fit in its sole discretion, in the event that such User commits any fraud or violates any law or legal requirement or breaches these Terms and Conditions or any of the applicable Policies.

 6.4          The User accepts and confirms that the account reconciliation and payment mechanism offered by Common Seal Store Stores is fair and adequate for sale of the Products through the Common Seal Store Platform.

7.            Delivery of Products to Users

                All Products purchased by a User from the Common Seal Store Platform shall be shipped to the User as per Delivery and Shipping Policy of the Products

8.            Refund

8.1          The User buying the Products using the Common Seal Store Platform, may receive a call or SMS from Common Seal Store Stores seeking a confirmation with regard to the delivery and satisfaction with the Product, in the event the User is not satisfied with the Product, the User shall have the right to seek a refund or exchange the Product within upon within a period of 30 (Thirty have) days from the date of delivery of the Product, as per Return, Reject and Cancellation Policy.

8.2          For cash on delivery transactions, refunds, if any, will be made via demand draft/NEFT/Cheque etc in favour of the User as per the details provided by the User at the time of ordering the Product, however in the event of electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India.

8.3          It is hereby clarified that a refund shall be conditional and shall be with recourse available to Common Seal Store Stores in case of any misuse by the User.

9.            Indemnity

9.1          A User, selling its Products on the Common Seal Store Platform, shall keep Common Seal Store Stores, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:

(i)            breach or non-performance by the User of any of its undertakings, warranties, covenants, declarations or obligations under these Terms and Conditions; or 

(ii)           any claim or proceeding brought by any of the customer of the Products or any other person against Common Seal Store Stores in respect of any Products or Transaction on the Common Seal Store Platform, whether or not such complaint was settled by the User who sold the Product or was an unsettled claim; or

(iii)          any negligent act or omission or default or misconduct or fraud of the User or its agents or its customers; or

(iv)         any hacking or lapse in security of the Common Seal Store Platform or the data on the Common Seal Store Platform; or

(v)          any act, deed, omission or non-performance on the part of the User which renders the Transaction conducted through the Common Seal Store Platform invalid.

9.2          The indemnities provided herein and provisions making reference to the indemnities shall survive the termination of these Terms and Conditions and the Policies.

 

10.          Limitation of Liability

Notwithstanding anything stated under these Terms and Conditions and the Policies, in the unlikely and rare event, of Common Seal Store Stores being liable to a User selling its Products, the aggregate liability of Common Seal Store Stores from any cause whatsoever shall not in any event exceed sum equivalent to the Transaction Fee of a single, most recent transaction of such User in question or the amount due to such User, as appearing on the account statement, after reconciliation as per the Account and Reconciliation Policy displayed on the Common Seal Store Platform, whichever is lower.

11.          Disclaimer of Warranties and Liabilities

It is hereby clarified that all Products or services made available to a User through the Common Seal Store Platform are provided on an 'as is' and 'as available' basis, without any representations and warranties, express or implied by Common Seal Store Stores. Common Seal Store Stores does not make any representations pertaining to the information, content, Products or services included on or otherwise made available to a User through the Common Seal Store Platform.  

12.          Intellectual Property

 12.1        The User, where applicable, hereby grants Common Seal Store Stores and its associates and representatives for the purposes of these Terms and Conditions, a non-exclusive, royalty-free, sub-licensable, limited license to use, display and reproduce the trademarks, service marks and logos of a User, selling its Products on the Common Seal Store Platform. The User, where applicable, hereby confirms that such User has the Common Seal Store Platform right to use the said marks and logos and to grant permission to use as stated herein. Such User shall retain all intellectual property rights in such marks.

 12.2        All co-promotion and sale promotion for the Products shall be as per separate terms and conditions agreed between Common Seal Store Stores and the User's in writing.

 12.3        Nothing contained herein shall authorize a User to use, display or exploit the intellectual property rights of Common Seal Store Stores without the prior written consent of Common Seal Store Stores. The User, selling its Products on the Common Seal Store Platform shall have the right to state that Products are available on Common Seal Store Platform at its offline stores and other promotional and advertisement initiatives for the Products.

13.          Confidentiality

13.1        The User, where applicable, shall keep all the information pertaining to the Services including but not limited to the customer data and the transactions on the Common Seal Store Platform ("Confidential Information"), confidential and shall not be disclosed to any person other than its officers (to the extent necessary to consummate the transaction contemplated hereby) without the prior written consent of Common Seal Store Stores .

13.2        Confidential Information shall mean all the information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by Common Seal Store Stores to a User whether before or after the date of these Terms and Conditions. The User, where applicable, shall not, during the pendency of these Terms and Conditions, or at any time after these Terms and Conditions and the Policies expire or terminate, divulge or use any Confidential Information for the benefit of any other person, corporation, partnership, proprietorship, association, or other entity, nor will the User, directly or indirectly permit the disclosure of any Confidential Information or aid any third party to imitate any Confidential Information.

14.          TERMINATION

Common Seal Store Stores may terminate these Terms and Conditions and the Policies and/or the Services and/or Indirect Services hereunder for any reason including for reasons of breach of these Terms and Conditions, the Terms of Use or any of the Policies on the Common Seal Store Platform. The User's sole right to terminate these Terms and Conditions and the Policies is by not using the Common Seal Store Platform and deleting its account with Common Seal Store Stores.

15.          CONSEQUENCES OF TERMINATION:

 15.1       Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination. Common Seal Store Stores and the User (where applicable) availing the Services provided by Common Seal Store Stores, shall undertake to settle all outstanding dues to arising out of these Terms and Conditions and the Policies within 30 (Thirty) days of the termination taking effect.

 15.2       All materials, documentation, instruction manuals, guidelines, letters and writings and other materials issued by Common Seal Store Stores from time to time in respect of these Terms and Conditions, whether in respect of the utilization of the payment gateway or otherwise shall be returned immediately to Common Seal Store Stores.

16.          GENERAL PROVISIONS

 16.1        No agency: These Terms and Conditions and Policies constitute a principal-to-principal relationship between Common Seal Store Stores and the User's selling their Products and do not attempt to create any employee-employer or agency relationship. The Services and/or Indirect Services are being rendered by Common Seal Store Stores as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between Common Seal Store Stores and the User hereto or any affiliates or subsidiaries thereof or to provide either Common Seal Store Stores or the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either Common Seal Store Stores or the User.

 16.2       Publicity: All joint publicity initiatives shall be subject to separate marketing initiative contracts to be executed between Common Seal Store Stores and User, as may be applicable. Common Seal Store Stores at all times shall have the right to use the name and/or trademark/logo of the User's selling their Products in its sales or marketing publication or advertisement to communicate the brands/ Products available on the Common Seal Store Platform in the context of these Terms of Use.

 16.3       Assignments: Common Seal Store Stores may assign, in whole or in part, the benefits or obligations of these Terms and Conditions and the Policies to its associate's of affiliates of other group company, or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Common Seal Store Stores shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User. However, the User shall not assign, in whole or in part, the benefits or obligations of these Terms and Conditions, without the prior written permission of Common Seal Store Stores. 

 16.4       Force Majeure: Common Seal Store Stores shall not be liable for its failure to perform under these Terms and Conditions and the Policies as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Common Seal Store Stores, payment gateways or the logistic support partner.

 16.5       Governing Law, Settlement of Disputes and Jurisdiction: Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions and the Policies shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by Common Seal Store Stores. The arbitration proceedings shall be held in English language at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.

 16.6       Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

16.7       Survival of Provisions: The terms and provisions of these Terms and Conditions, by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive termination.

 16.8       Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

 16.9       Non Solicitation: The User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by Common Seal Store Stores.

 16.10     Non-Exclusivity: It is agreed and clarified that the arrangement set out by these Terms and Conditions and the Policies between Common Seal Store Stores and the User is on a non-exclusive basis.

 16.11     Notices: All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be apply@commonsealstore.com, if to Common Seal Store Stores, if to User, it shall be to the address registered with Common Seal Store Stores.

16.12     Amendment: These Terms and Conditions and Policies may be varied, amended or modified by Common Seal Store Stores at any time. The last amended version shall be available on the Common Seal Store Platform at all times.