Terms and Conditions

 

User Terms of Use

These Policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘Electronic Record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These User Terms of Use (“Terms”) being an Electronic Record are generated by a computer system and do not require any physical or digital signatures.

ACCESS TO THE MARKETPLACE  

This Online Technology Marketplace Platform (www.www.store.blive.co.in) is owned and operated by Arcis Clean Energy Private Limited (“Arcis”) having its registered office address at Plot No. 22-B, GF-1, Happy Home Co-Operative Society, La Campala, Miramar, Panaji-Goa, bearing PAN No. AAQCA4457N and GST No 30AAQCA4457N1ZB and hereinafter referred to as the “The Marketplace”. 

The use of the Marketplace by the user (hereinafter referred to as “You”/ “User”) is subject to the terms and conditions contained herein. The accessing, browsing or otherwise using the Marketplace will be construed as Your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained under these Terms and the binding Policies hereof. 

By using the Marketplace, You declare to have carefully read, understood and agree to be bound by these Terms. The Marketplace may, at its sole discretion, allow or disallow access to the Marketplace. The Marketplace reserves the right to change any of the terms and conditions contained herein at any point in time. It is Your responsibility to periodically review these Terms for any updates and changes and Your continued use of the Marketplace will be considered as Your acceptance to such updates and changes.

ELIGIBILITY

You should have completed 18 years of age and shall be competent to enter into a contract under the Indian Contract Law. If You are under 18 years of age and are intending to avail the services of the Marketplace then, You should do so through Your Legal Guardian in accordance with the Applicable Laws. If You are using the Marketplace on behalf of any corporation, company, firm, institution, association or any other entity then, You should be authorized by such corporation, company, firm, institution, association or any other entity to use and access the Marketplace.

The Marketplace reserves the right to refuse access to use the Services offered by the Marketplace to new users or to terminate the access granted to existing users at any time without according any reasons for doing so.

COMPLIANCE REQUIREMENTS

Every User of the Marketplace (You) shall comply with all the Applicable laws, including but not limited to the Foreign Exchange Management Act, 1999 and the notifications issued thereunder, the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Import Export Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments, applicable for using the Marketplace or for buying/selling any Products or Services through the Marketplace .

USER ACCOUNT

You may be required to register and set up an account (“Account”) for using the Marketplace by entering an email address and password or by using any permitted Social Media Account to sign in (“Account Information”). The Marketplace, at its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide valid information while creating an Account. The Marketplace will set-up an Account and email the details of the Account at the email address provided by You. 

You can create one Account only and it is not permitted to transfer or interchange such Account to or with any other Person. The list of information required to be provided by You, the manner of usage, protection and confidentiality of Your information and Account Information are more specifically dealt with under the Marketplace’s Privacy Policy and You are requested to read the Privacy Policy in detail before sharing Your information or creating an Account.

PAYMENT POLICY

All Payments shall be collected through secured Payment options. The Marketplace shall accept all prepaid Payment options such as Credit Cards, Debit Cards and Net-Banking, UPI Payments and EMI Options. All Payments for the Purchases made by You on the Marketplace shall only be in Indian Rupees. 

After Payment for the Order has been successfully received by the Marketplace, You will be sent a notification by email or SMS at the email address or mobile number provided to the Marketplace within 24-48 hours, confirming receipt of the Payment. The Marketplace reserves the right to withdraw, block or limit Your purchases using Your transaction history.

Credit and Debit Card

The Marketplace accepts all Visa, Master Card, Maestro and American Express and Rupay Cards. You will be redirected to Your Issuing Bank’s site, where You will have to follow the instruction to complete the Payment. 

Net Banking

You can make the Payment for the Order by using Your Net-Banking account. The Marketplace accepts Payments for Your Order through various Banks. You will be redirected to Your Bank’s site where You will be able to make the Payment after entering in Your login id and password that is known only to You.

EMI Payments 

EMI is one of the payment methods available on the Marketplace for Your convenience. The option is only available for customers using certain Credit Cards as per the relevant terms and conditions being in force. Applicable charges, if any, levied by the Bank for facilitating the EMI option shall be directly and solely borne by You. The Marketplace does not charge any fee for the said purpose. Any dispute in this regard shall be directly dealt by You with the Bank and the Marketplace shall not be held liable in any case, whatsoever. 

Issues with Payments – Pending Payments

The Payments can sometimes fail or remain in the pending stage for several reasons that may be beyond the control of the Marketplace. If You face any Payment issues, try placing the order again in a short while or contact Your bank or issuer for technical assistance. The Marketplace is not liable for any loss or inconvenience caused to You when making Payments or for any wrongful debits to Your Cards or Net-Banking accounts.

Issuing Bank Terms and Conditions

You understand and acknowledge that all Payments made by You using valid Credit Card/ Debit Card and other Payment instruments or mechanism including Net-Banking facility will be processed using a Payment Gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between You and the Payment Gateway, the respective Issuing Bank and Payment Instrument issuing company.

Requirements of Permanent Account Number (PAN)

For all the Purchases of an amount equal to or exceeding INR 2,00,000 (INR Two Lakhs only), You will be required to upload a copy of Your PAN Card, within such time as may be prescribed from the date of the Purchase, failing which, the Purchase made by You will be automatically Cancelled. The order shall also stand Cancelled if there is a discrepancy between Your name in the Account with the Marketplace and the name printed on the PAN Card. 

DELIVERY POLICY 

Shipping Address

Your Shipping Address and pin code will be verified with the database of the Marketplace before You proceed to pay for Your Purchase. In the event Your Order is not serviceable by the respective Seller or by our logistics service providers or the area is not covered, we will request You to provide us with an alternate Shipping Address. You can make the Purchases on the Marketplace from anywhere in the world but at the same time You must ensure the Payment and Shipping Address is within India. When You submit an alternative Shipping Address for delivery, You are responsible for accepting and collecting the package from such alternative Shipping Address. The Confirmation from the logistics service provider of successful delivery to the alternative Shipping Address is deemed as acceptance of delivery by You and the Marketplace will have no liability in this regard.

Delivery by the Marketplace or the Seller(s) 

The delivery of the Ordered Products from the Seller to You will be made by the logistics service providers assigned either by the Marketplace or the Seller. The deliveries cannot be rescheduled after the Order has been placed. The designated logistics service provider will make a maximum of three (3) attempts to deliver Your Order. In case You are not reachable, available or do not accept delivery of Your Order in these three (3) attempts, then the Marketplace reserves the right to Cancel the Order, at its discretion. You may be informed of such Cancellation by email or SMS at the email address or mobile number provided to the Marketplace. The Cancelled Order is returned to the Seller. You agree not to hold the Marketplace liable for any Cancellation. 

If You wish to request the Marketplace to resend Your Order, You can do so by placing a new Order for the Products on the terms set out on the [‘Product Order Page’]. When You place the new Order, Your Order will be accepted subject to the availability of the Products.

In case there is any Dispute regarding the shipment of the Products or serviceability for the area not covered by the designated logistics service providers, the Marketplace will not be responsible for the non-delivery of Your Order. 

The title and risk of loss for all the Products ordered by You shall pass on to You upon the delivery of the Products at the Shipping Address provided by You.

Multiple Products Orders 

In case You order multiple Products in one transaction, the Marketplace would endeavour to ship all the Products together. However, this may not always be possible due to some Product characteristics or logistics issues or the location of the Seller and You may receive the Products separately and at different times. If You Purchase multiple Products in a single transaction, then all the Products would be dispatched to a single Shipping Address given by You. If You wish to ship Products to different Addresses, then You should book the Orders separately based on the Shipping Addresses.

Missing Items

In the event, the Order received by You is missing one or more Products or accessories or does not include the freebie or the Order is partly delivered then, You should inform the Marketplace through the Customer Care Team within 24 hours from the time of delivery. The missing Products claim will not be accepted after 24 hours from the time of delivery. When a package delivered is missing one or more Products or accessories, You are requested to return the original package delivered by the Seller in accordance with the Return Policy.

In the event of Dispute, the Marketplace will coordinate with You and the Seller to reach an amicable solution. The Marketplace is only a facilitating link between You and the Seller and will not be liable in any manner.

Refusal of Delivery

Before accepting the delivery of any Products, kindly ensure that the Product’s packing is not damaged or tampered. If You observe that the packing is damaged or tampered with, You are requested to refuse to accept the delivery and inform the Marketplace within 24 hours of such delivery. If required, You are requested to fill the delivery sheet/acknowledgement used by the logistics service providers and note down the condition of the to-be-delivered package. The damaged or tampered Products claim will not be accepted beyond the Returns Policy. In the event of Dispute, the Marketplace will coordinate with You and the Seller to reach an amicable solution. The Marketplace is only a facilitating link between You and the Seller and will not be liable in any manner.

Delivery Time

An estimated delivery time of the Products will be displayed on the [‘Product Order Page’]. On placing Your Order(s), You will receive an email or SMS at the email address or mobile number provided to the Marketplace, within 24-48 hours, containing a summary of the Order and also the estimated delivery time to Your location. The Seller may take additional time to pack and dispatch certain Products and this time will be indicated by the message on the [‘Product Order Page’]. Please be advised that the delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. The deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.

About Delayed Delivery

Sometimes, the delivery may take longer due to several unforeseen circumstances or events beyond the control of the Marketplace or the logistics service provider. If the estimated delivery date has passed and You still have not received Your Order then, please contact us and we will take steps to track Your Order. In such cases, we may also try to proactively contact You. Please check Your emails and SMS regularly for such updates. The Marketplace will not compensate for any mental agony or inconvenience or loss caused due to the delay in the delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to the Marketplace, if any Products in the Order is unavailable or is delayed or lost in transit.

Shipping Charges 

You may be required to pay Shipping Charges in addition to the Order value amount. The Shipping Charges, if any, will appear at the time of checkout. All delivery charges are inclusive of taxes unless stated otherwise. The Shipping Charges may vary for different pin codes because of the increase in Shipping cost or if the Seller is located in a different area. The delivery charges will vary according to pin codes as well as type of Products.

RETURN POLICY

Reasons for Return

The Return Policy makes it possible for You to return the Products if You receive damaged or defective Products or if the Products are significantly different from what was purchased, or the package delivered is missing one or more Products or accessories. The Return Policy here should be read in conjunction with the any specific terms and conditions applicable to the Products and which can be found on the Product Description Page for returning the Products.

Conditions for Return 

In order to return any Products sold through the Marketplace, You are required to comply with the below mentioned conditions, viz.:

  1. The return has to be in compliance with the Return Policy associated with the Products and available on the Product Description Page.
  2. The Marketplace should be notified of the receipt of damaged or defective Products or if the Products are significantly different from what was purchased, within the period mentioned in the Return Policy but not later than 24 hours from the time of delivery.
  3. The Products should be returned unused, in their original packing along with the original price tags, labels, packing, barcodes, user manuals, warranty card and invoices, accessories, freebies and original boxes defined as ‘essentials’. If any Products are returned without the essentials, the Products shall not be accepted for Return and shall be sent back to You.
  4. The return packages should be strongly and adequately packed so that there is no damage of Products during transit.
  5. The returned Products are subject to the verification and quality checks by the Seller selling on the Marketplace in order to determine the legitimacy of the complaint or return.
  6. You should fill the Return Form provided by the Marketplace with the originally delivered package or made available to You over email or Account and include it in the returned package. The return requests are not processed if the Return Form is incomplete or absent in the returned package received. The reason for return should be stated in the Return Form. You should additionally fill out the delivery sheet used by the logistics service providers and note down any damaged or tampered condition of the delivered package.
  7. The return has to be in compliance with the Return Policy of the Seller or the Manufacturer of the Products wherever applicable.

 

Non-returnable Products

All Products cannot be returned. Some of the Products that cannot be returned are:

  1. Products that have been used or installed.
  2. Products that are damaged due to the misuse of the Products
  3. The Products defects’ not being covered under the Manufacturer’s warranty.
  4. The Products with tampered or missing serial numbers.
  5. Personalised, engraved or resized Products.   
  6. The Products sold in sets or combination cannot be returned individually.
  7. Any other Products depending upon the Return Policy in force. 

 

If You are unable to inform the Marketplace of the receipt of a damaged or defective Products or the Products are not as per specifications of Your Order or the package delivered is missing one or more Products or accessories as per the Returns Policy and procedure, the Marketplace or the Seller shall not be obliged to accept the returned Products or be liable in this regard. In the event that such Products are sent to the Seller then, the Products will be returned to the Customer and the same needs to be accepted from the Seller or the assigned logistics service provider. The Marketplace or the Seller will not be responsible if the Products are not accepted and no refund will be issued.

Damaged, Defective or Other Non-conforming Product(s)

Returns of damaged, defective or other Products eligible for return are accepted as under:

  1. In the event You receive a damaged or defective Products or Products that do not comply with the specifications as per Your original Order or the package delivered is missing one or more Products or accessories and eligible for return as described by the Return Policy, You are required to get in touch with the Customer Care Team through any of the below mentioned channels or submit a return request online (if such facility is available) as per the Returns Policy.

 

  1. Upon receiving Your return request, the Marketplace shall verify the authenticity and the nature of the request and if such request is genuine, the Marketplace will inform the Seller of the return request and will ask the Seller for a refund to be processed upon the receipt and quality check of the returned Products. It will take a minimum of 15 (fifteen) business days to process Your request for return of Products.
  2. The Marketplace or the Seller may arrange for pick-up of the Products through an assigned logistics service provider. You will receive an email or SMS notification at Your email address or mobile number provided to the Marketplace. In the event that the Marketplace is unable to arrange the pick-up, the Marketplace will notify You regarding the same and You will be required to send the Products to the Seller at the provided Address using a reputed courier service in Your area. 
  3. If Your pin code is not serviceable, the Marketplace may ask You to ship the Products to the Seller using a relevant and available logistics service provider or Indian Postal services. You are required to submit the Shipping information of the self-ship by contacting the Customer Service Team. In the event the details are not provided, and the shipment arrives without the Returns Form or the invoice, the refund may be delayed.
  4. Upon receipt of the returned Products by the Seller and the successful completion of the quality check, You will receive an email or SMS confirmation at the email address or mobile number provided to the Marketplace.  
  5. You will be refunded the Products cost along with taxes and shipping charges, if any. The courier freight charges You paid to the courier or shipping service for returning the Products to the Seller will be reimbursed as per the method agreed with You.

 

You expressly acknowledge that the Seller is solely responsible for the damaged or defective Products or Products that do not meet the specifications of Your original Order or delayed delivery of the Order or delivery of the package with one or more Products or accessories missing and for any claims that You may have in relation to such Products and that the Marketplace  shall not in any manner be held liable for the same. 

In the event of any Dispute, the Marketplace will coordinate with You and the Seller to reach an amicable solution. The Marketplace is only a facilitating link and an Intermediary as per the relevant definition under the Information Technology Act, 2000 and Rules framed thereunder, between You and the Seller and the Marketplace will not be liable in any manner.

Dead on Arrival Products

In the event, You receive Products that have manufacturing defect or is Dead-on-Arrival, You should inform the Marketplace within the period defined in the Return Policy, not later than 24 hours from the time of delivery and place a request for return by following the procedure defined in the Return Policy. If the Products are found to be working or the defect is caused due to any mishandling, the Products will be returned back to You. Customers are required to accept the return

Period for Return

Please refer to the “Know More” section of the Product Information page for the Period of Return i.e. period within which the Products delivered can be returned by You subject to the other terms and conditions of the Return Policy contained hereunder.

Cancellation of Return Request

A request for return once made can be cancelled by contacting the Customer Service Team. In case the logistics service provider arrives to receive the shipment and You want to cancel the request, You may choose to inform the logistics service provider that You do not wish to return the Products. You will receive an email or SMS notification at the email address or mobile number provided to the Marketplace, cancelling Your return request.

Refusal of Return Request

The Marketplace reserves the right to refuse or cancel any return request.  If the request for returns is not allowed by the Returns Policy, You will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same Products. You agree not to Dispute the decision made by the Marketplace and accept the Marketplace’s decision regarding the refusal or cancellation and further agree not to hold the Marketplace liable for any refusal or cancellation.

Frivolous Complaints

In the event of frivolous or baseless complaints or requests regarding the quality or content of the Products, the Marketplace reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by the Marketplace in this regard.

Return Shipping Process

In case of damage claims, the Marketplace may ask for pictures of the damaged Products before it is approved or allowed for return. For return Shipping managed by the Marketplace, You will need to hand over the Products to the assigned logistics service provider at the time of pick-up. In the event the logistics service provider makes attempts to pick-up the Products and You are unavailable or not ready to handover the Products, the Marketplace or the logistics service provider will not be held responsible for the delay in pick-up or processing of the quality check by the Seller and hence the refund. A maximum of 2 attempts will be made by the logistics service provider to pick-up the Products to be returned. The Marketplace will not be liable for the Product returned by mistake.

In the event where Products not belonging to the Seller selling on the Marketplace are returned by mistake, the Marketplace is not accountable for such misplacement and is not responsible for its delivery back to You or any costs incurred by You or any refund.

Discrepancy Between Information Provided by You and Our Logistics Service Provider

In case of any discrepancy in the status of pick-up of the Products arranged by the Marketplace or the Seller, (where You claim the Products have been returned, while our system suggests otherwise) refund will be initiated only if You successfully furnish the courier slip given by the Marketplace or Seller assigned logistics service provider at the time of the pick-up.

In case where the Seller or the designated return location claims that the Products received from You is different or the return of the Products is not in compliance with the Returns Policy, the Products will be dispatched back to Your Shipping Address and You are required to receive and accept the package. In the event of Dispute, the Marketplace will coordinate with You and the Seller(s) to reach an amicable solution. The Marketplace is only a facilitating link between You and the Seller(s) and will not be liable in any manner.

ORDER CANCELLATION POLICY 

Cancellation of an Order may be done either by the Marketplace or by You as under:

Cancellation by the Marketplace 

The Marketplace has the discretion to cancel the Order. Some of the reasons for cancellation are as under (not being exhaustive list of reasons):

  1. Your failure to comply with any of these terms.
  2. The Products are unavailable with the Seller.
  3. Technical errors or issues.
  4. Any reason identified by the Marketplace ‘s credit and fraud avoidance team.
  5. Invalid Address or wrong Address is given in the Order detail.
  6. Malpractices are used to place the Order.
  7. Bulk Order is placed for the likely commercial resale.
  8. Multiple Orders are placed for same Products at the same Address.
  9. EMI option is rejected by the Bank
  10. The Order is undelivered after three (3) attempts.
  11. The pricing or specifications on any Products as is shown on the Marketplace is due to typographical error or incorrect information inadvertently provided by the Seller or some technical glitch, resulting into incorrect pricing or specifications.

 

Notwithstanding anything contained hereunder, the Marketplace reserves the right, at its sole discretion, to refuse or cancel any Order for any reason whatsoever without any further liability. On such cancellation, You will be sent a notification email or SMS at the email address or mobile number provided to the Marketplace. You agree to release and indemnify the Marketplace, its officers and representatives from any cost, damage, liability or any of the actions in case of cancellation of Your Order by the Marketplace or the Seller.

Cancellation by You 

You may cancel the Order for any reason, although cancellation by You must be done before the Products have been shipped for delivery to You. No cancellation is permitted subsequently. You can cancel the Order, or part of the Order where multiple Products have been ordered. This can be done either by calling or emailing the Customer Care Team [email protected] in Your Account on the Marketplace through ‘My Account’. You should state the reason for such cancellation. The Marketplace will process the request for cancellation as per the Policy in force. If an order has been successfully cancelled, You will be sent a confirmation email or SMS at the email address or mobile number provided to the Marketplace. The Marketplace reserves the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold the Marketplace liable for any rejection or order cancellations. You will receive a refund for Your cancelled orders that have been accepted in accordance with the Refund Policy.

REFUND POLICY 

Refunds

Refunds are provided for cancellation/return of the Products, subject to the Eligible cancellation/return as per Return Policy or these Terms, initiated in accordance with the Return or Cancellation Policy. The Refund is made for the full amount of the Order or part Order successfully cancelled that was paid by You for the delivery of the Order. For return requests, the Refund of Payment is made after the returned Product has been received by the Seller and has passed the quality checks. The entire Product-cost along with any taxes and shipping charges, if any, will be Refunded to You.

If any refund is received by You pending the quality checks, You will hold such amounts in trust on behalf of the Marketplace until conclusion of such quality checks unless claimed by the Marketplace at any time before that. If You are in receipt of any wrongful refund or Payment, You will transfer such amount back to the Marketplace within 3 days of You receiving such amount.

No refund due to non-deliverability will be applicable for Orders placed with Cash on Delivery options. Refund of Cash on Delivery Order returned by You may be subject to levy of a charge which will be deducted from Your refund amount.

Time Period for Refunds

Refunds are normally processed within 15 working days after the completion of quality checks of the Products returned and further depends on various banking and Payment channels. The Marketplace is not responsible for any errors or delays in refund due to the Bank or the Third-Party Service Provider errors or delays. Further, the Marketplace shall not be liable for interest charged by the Bank for providing the EMI scheme till the time of the request for return or cancellation. 

Mode of Refund

The mode of refund of Payments cannot be changed at any stage as the refund amount is transferred to Your source account. Refunds are paid back to the source of Payment. Refund for Payments which fail when processed back to source may be refunded by National Electronic Funds Transfer (“NEFT”) to Your Bank Account.

You will need to update the Bank Account number and IFSC code to enable us to process a refund to Your Account. Refunds cannot be processed to Third-Party Accounts, i.e. the name on Your Marketplace Account should match with the name of the Bank Account holder provided for refund via NEFT. A refund initiation confirmation by email or SMS at the email address or mobile number provided to the Marketplace will be sent to You. All refunds by cheques will be in form of “at par” cheques or via online transfer basis, on the sole discretion of the Marketplace.

Terminated Payment Mode

If the original Payment method You used to make the Payment (Credit or Debit Card or Net-Banking) is no longer valid, we will issue the refund through a cheque. When we receive a Payment failure notice from Your Bank, we will send You an email asking You to call us. When You call us, we will collect Your Address where You want the cheque to be sent and proceed with the refund. Please refer to our Payment Policy for further details. You explicitly give Your consent to receiving communications (by SMS, email or other mode of communication) sent to You by the Marketplace, however, You may withdraw Your consent any time at Your sole discretion.

OFFER FOR SALE

Listing of Product(s)

Arcis, through the Marketplace makes available a variety of branded Products and merchandise of the independent Sellers, for sale to You. The Sellers who have agreed to sell their Products on the Marketplace list their Products on the Marketplace. The purchase and sale of such Products will be subject to these Terms.

All Products and price information, deals and offers related to the Products are provided by the Sellers to the Marketplace for inclusion on the Marketplace and the Sellers are solely responsible for the accuracy of the information, validity of the prices, charges, deals, offers and other information relating to the Products offered on the Marketplace.

 

Separate Contracts govern the relationship between the Marketplace and the Sellers for display and sale of their Products on the Marketplace. These Terms do not govern and are not applicable to (and do not amend or modify) the relationship and arrangement between the Marketplace and such Sellers as such are set forth in separate Contracts.

The Marketplace does not endorse or warrant the quality, quantity, stability, use, price or other specifications of the Products offered for sale by the Sellers and purchased by You on the Marketplace or for any defects, deficiencies, shortcomings, errors or omissions in relation to the Products. Please make sure that You have read the Product Listing Information before placing an order.

Ordering

It may not be compulsory for You to have an Account on the Marketplace to buy the Products. You may shop by using a valid email address, mobile number and other details while placing Your Order. You will be informed of the receipt of the Order by email or SMS on the email address or the mobile number provided to the Marketplace.

You can select any Products or Sellers of Your choice from the [‘Product Order Page’] of the Marketplace and add it to the shopping cart or wish list. Placing a product in the shopping cart or wish list does not reserve the price, quantity, promotional offers or shipping charges shown at a particular time. To purchase any product in the shopping cart, You should provide the Shipping Address within India and make payment of the Product price or choose Payment on delivery as per the payment method for the Eligible Products. You may also call or email the Customer Care Team to place an Order for Products Eligible for Payment on delivery.

Once the Marketplace receives a confirmation of Your Order from the Seller and confirms Your Order, You will receive an email and SMS informing You of the Order confirmation. The email will also provide You with details of Your Order including order ID, information on the Products ordered, as well as the expected delivery time. You understand that by ordering a product using the Marketplace, You are entering into a binding contract with the Seller of the Products to purchase the Products using the facilities available on the Marketplace.

You agree that the Seller is the owner of the Products and all the ownership rights and property of, in and upon the Products listed on the Marketplace, until transferred to the buyer of the Products, shall vest in the Seller of the Products. The Sellers confirm and undertakes the Seller’s ownership of the Products and confirm that the Seller shall at all times have marketable, legal ownership and title in respect of all Products offered on the Marketplace and shall pass on marketable, legal ownership and title of the Products to You upon completion of the transaction.

You and the Seller acknowledge that the Terms of the Marketplace do not cover the Products sold by the Seller and bought by You from the Seller other than through the Marketplace. You should not try to contact other potential buyers to warn them about one or more Sellers. If You have a concern about a Seller’s behaviour, please report it to our Customer Care Team and we will endeavour to investigate the matter.

You confirm that the Products ordered by You are purchased for Your internal or personal use and not for re-sale. You authorize the Sellers and the Marketplace to declare and provide declarations to any Governmental Authority on Your behalf stating the aforesaid purpose of the Products ordered by You on the Marketplace.

Delivery

The Sellers delivers the ordered products either directly or by availing the services of the Marketplace through its logistics service providers in terms of the Delivery Policy. The Marketplace may change the Delivery Policy without any notice. For more details, please review the Delivery Policy.

Pricing and Payment

The Marketplace lists availability and pricing information of Products on the Product Display Pages of the Marketplace. All prices are inclusive of Taxes unless stated otherwise. The Products in Your shopping cart will always reflect the most recent price displayed on the Product Display Page. Placing the Products in the shopping cart or wish list does not reserve the price shown at a particular time. It is possible that the Product’s price may decrease or increase between the time the Product is placed in the shopping cart or wish list and the time You actually purchase it. The Products that are marked as ‘Out of Stock’ are not available for purchase.

The price of Products offered by the Sellers on the Marketplace is either equal to or lesser than the Maximum Retail Price (“MRP”) i.e., the discounted rate prescribed for those Products. The MRP and other statutory declarations will be mentioned on the Products or on its packing in accordance with the Applicable Laws. The Sellers may or may not specify this information on the Marketplace, and You are advised to independently determine the MRP of such Products if You so desire. 

The Marketplace shall, in relation to the Services being provided by it in accordance with these Terms, process Payments from You for the Products and manage the logistics in the manner it deems appropriate, for and on behalf of the Seller of the Products. By purchasing the Products using the Marketplace and authorizing the Marketplace to process the Payment, You agree, accept and understand that the Marketplace as part of its Services, is only a facilitator providing an automated online electronic Payment, receiving Payment through Cash on Delivery, collection and remittance facility for the sale and purchase of the Products. For more details, please review the Payment Policy applicable to the Products ordered from the Sellers. The Marketplace may change the Payment Policy without any notice.

Returns and Cancellation

All Products which are not delivered to You or returned by You in accordance with the Return Policy will be returned to the Seller of the Products. Return and Cancellation of the Products may be initiated in accordance with the Marketplace’s Policies. Please review the Return Policy and Cancellation Policy as applicable to the Products purchased by You. The Marketplace may change the Return Policy and Cancellation Policy without any prior notice. 

Taxes

You are responsible for the payment of all fees, costs and charges associated with the purchase of the Products from the Sellers and You agree to bear any and all applicable Taxes, cesses, etc. levied on the Products on their sale unless otherwise stated.

No Warranty

All Products or Services that are made available through the Marketplace are on an “as-is basis” and “as available basis” without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the Products listed or displayed or transacted to the extent permitted by the Applicable Laws and the Marketplace  does not accept any liability for any defects, deficiencies, short comings, errors or omissions. The Marketplace does not make any representations pertaining to the information, content, products or services included on or otherwise made available to You through or on the Marketplace  The prices, shipping costs, Payment details, date, period and mode of delivery, warranties related to Products and after sales services, if any related to Products are subject to the terms provided by the Sellers to You. The Marketplace does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable for the outcomes of such terms.

You acknowledge that before placing an Order for the Products, You have performed a diligence and background check of the Seller of the Products, their creditworthiness, genuineness of the Products and are entering into the transaction being aware of these Terms. You acknowledge that the Product images are indicative in nature and the actual Product may differ from the image. You further acknowledge that the Services provided by the Marketplace are being provided by the Marketplace as an independent contractor, and the Marketplace is in no manner acting as an agent, partner or joint venture partner of either the Sellers or of a Third Party. You acknowledge and understands that You cannot claim any compensation from the Marketplace, other than the refund for the amount paid by You while ordering the Products. The Marketplace shall not be liable to refund and especially (i) if the final Products or its quality, quantity or specifications does not meet Your expectation; (ii) there is any special, incidental, indirect or consequential damage caused to You by the Products purchased; (iii) If You have missed out on any promotional offers or discounts, (iv) delivery delays due to any unforeseen circumstances by the Marketplace or its assigned logistics service providers; (v) deactivation or expiry of a valid voucher, coupon or promo code issued by the Marketplace; (vi) You face any issues with logistics service provider’s personnel.

Being a Marketplace and an intermediary (except where title of the product is held by the Marketplace), the Marketplace holds no title in the Products at any time, and sale of any Product is a transaction restricted between You and the Seller of Your choice. The contract of sale is purely a bipartite contract between You and the Seller. The Marketplace is not responsible for any claims arising from such a contract and will not be considered a Party to any claim or proceeding arising from such sale and accordingly, You absolve the Marketplace from any such claim by You. In case of any Dispute, the Marketplace is not obliged to mediate or resolve the Dispute between You and the Seller. 

Communications

You will be required to provide a valid email address and phone number in order to avail the Services provided by the Marketplace, including and not limited to placing of Orders for purchasing the Products. By registering Your email address and phone number with the Marketplace, You consent to be contacted by the Marketplace via email, phone calls or SMS notifications for any Order or shipment, delivery, payment or offer related updates or otherwise. The Marketplace may notify or communicate with You by e-mail, SMS, phone or by posting notices on the Marketplace or by any other mode of communication.

Severability

Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Headings

The various headings used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case the headings and the related text conflict, the text will prevail.

Partial Invalidity

If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future Applicable Laws, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

Force Majeure

Notwithstanding anything contained in these Terms or elsewhere, the Marketplace shall not be held responsible for any loss, damage to You if such loss, damage is attributable to a Force Majeure Event. A Force Majeure Event” means any event that is beyond the Marketplace ’s reasonable control and includes, without limitation, epidemics, pandemics, quarantines, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of Government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

Disputes

All complaints relating to the Products purchased from the Marketplace are routed to the Seller of the Products, through the Customer Care Team of the Marketplace. The Seller of the Products is solely responsible to resolve any complaints regarding the Products that may be raised by You and other complaints to the satisfaction of You. The Marketplace is only the facilitating link between You and the Seller of the Products for any complaints in relation to the Products sold by the Seller. 

All Your complaints, Product complaints and transaction failure complaints shall solely be to the Seller’s Account and the Seller shall undertake all necessary steps as may be required as per the complaint or redressal mechanism of the Marketplace to resolve the complaints at the Seller’s own initiative and cost. The Marketplace is not in any way responsible for ensuring resolution of the complaints and the Marketplace shall not in any manner either directly or indirectly be liable for any claims or proceedings made by You in relation to the Products provided on or through the Marketplace or otherwise.

COVENANTS

The Marketplace is only a marketplace that can be used to reach a larger base to purchase and sell Products. The Marketplace is only providing a marketplace for communication and the Contract for Sale of the Products shall be a strictly bipartite Contract between the Buyers (You) and the Sellers. Except in the cases where the Marketplace is the Seller, at no time shall the Marketplace hold any right, title or interest over the Products or have any obligations or liabilities in respect of such bipartite Contract(s) entered into between the Buyers (You) and the Sellers.

The Sellers may upload and display the images and information of their Products offered for sale on the Marketplace. Such display of the Sellers Products or related information on the Marketplace in no manner can be treated or construed as an endorsement or advertisement of such Products by the Marketplace.

 

You agree to use the Marketplace and the materials provided on the Marketplace only for the purposes that are permitted by these Terms and any Applicable Law. You shall not use or access the Marketplace in a manner that prejudicially affects the interests and goodwill of the Marketplace, or its affiliates or associates.

You agree and undertakes that the reviews, comments and other information provided or posted or uploaded on the Marketplace are not false, incomplete, distorted, manipulated, fraudulent or misleading.  By way of example, and not as a limitation, You agree and undertake that while using or accessing the Marketplace, You will not host, display, upload, modify, transmit, update or share any information (“Objectionable Content”) that: (i) belongs to another person and to which You do not have any right to; (ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable or disparaging; (iii) is relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; (iv) harms minors in any way; (v) provides material that exploits people in a sexual or otherwise in an inappropriate manner or unlawfully threatening or harassing or incidences covered under Indecent Representation of Women (Prohibition) Act, 1986; (vi) infringes any patent, trademark, copyright or other proprietary rights; (vii) violates any law for the time being in force; (viii) deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature, (ix) impersonate another person; (x) tries to gain unauthorized access or exceeds the access either illegally or unethically; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (xii) 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 to any other nation; and (xiii) may create any kind of liability for the Marketplace or our affiliates. 

The Marketplace disclaims all liabilities arising in relation to such Objectionable Content on the Marketplace. If You are exposed to such Objectionable Content as aforesaid then, You are requested to immediately report the same to the Grievance Officer in the manner provided under these Terms and the Marketplace will endeavour to remove such Objectionable Content as soon as possible after investigation.

You shall not use any deep-link, robot, spider or other automatic devices, programs, algorithms or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Marketplace or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Marketplace, materials or its Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Marketplace. 

You may not access (or attempt to access) any of the Services by any means other than through the interface that is provided through the Marketplace, unless You have been specifically allowed to do so in a separate agreement with the Marketplace. You should not do anything that disables, overburdens, or impairs the proper functioning of the Marketplace. You should specifically agree that You will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the Marketplace.

You undertake not to attempt to circumvent or modify any security technology or software that is part of the Marketplace and agree not to engage or assist any other Person, to circumvent or modify any security technology or software that is part of the Marketplace or try not to obscure or obstruct any features of the Marketplace. You undertake not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Marketplace or any part thereof without a specific written permission from the Marketplace to do so.

The Marketplace lists multiple Products for sale offered by the Sellers and hosts comments of numerous Users, and it is not possible for the Marketplace to be aware of the Contents of each of the Products listed for sale, or each comment or review that is displayed. You acknowledge and agree that by accessing or using the Marketplace or availing the Services, You may be exposed to Content that You may consider offensive, indecent or otherwise Objectionable.

The Marketplace is not the Seller of the Products and the Marketplace shall in no manner be deemed to be the Seller of the Products sold or made available on the Marketplace. The Marketplace is only facilitating the purchase of the Products by the Users (You) from the Sellers by providing use and access to the Marketplace.

You explicitly and expressly consent to receive communications from the Marketplace in relation to Your use and access of the Marketplace and its Services and agree that such communications shall not be treated as an unsolicited communication.

If the Marketplace is used by You from outside India, it is entirely at Your risk. The Marketplace makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the Marketplace is used and accessed from or in locations outside India, You shall ensure that the usage of the Marketplace is legal and valid under the Applicable Laws of Your location. You agree to undertake all liabilities, responsibilities and consequences under the Applicable Law in connection with the use of the Marketplace from or in any location outside India. You acknowledge that for accessing the Marketplace from any location outside India, the Marketplace may ask You to enter into separate or additional terms as may be required from time to time. 

INFRASTRUCTURE

To use the Marketplace, You require Internet connectivity or the appropriate telecommunication links and the Marketplace’s Service does not include the provision of any computer systems, resources, terminals, servers, equipments, mobiles or any devices. The Marketplace shall not have any responsibility or liability for any computer systems, resources, terminals, servers, equipments, mobiles or any devices necessary for You to use and access the Marketplace nor shall be liable for any costs incurred on Account of Your usage of Internet or the appropriate telecommunication links usage. The Marketplace  would not be liable for damages, virus or other codes that may affect the Your computer systems, resources, terminals, servers, equipments, mobiles or any devices while using the Marketplace and the Marketplace does not warrant that the Marketplace will be compatible with all hardware and software used by You. You must comply with applicable Third-Party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the Marketplace. 

USE OF CONTENT

You grant the Marketplace and its affiliates and associates non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any Content that is posted by You or material submitted by You, to use, reproduce, publish, distribute and display such Content throughout the world in any mode, medium or manner now known or developed in the future; and the right to use Your name in connection with such Content. You agree that the rights granted as above are irrevocable during the entire period of protection of Your Intellectual Property Rights associated with such Content and material. You agree to waive Your rights to be identified as the author of such Content and materials and Your right to object to derogatory treatment of such Content or material. You agree to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by You to the Marketplace. You represent and warrant that You own or otherwise control all of the rights to the Content and material that You post or that You otherwise provide on or through the Marketplace, that, as at the date that the Content or material is submitted to the Marketplace: (i) the Content and material is accurate; (ii) use of the Content and material does not breach any Applicable Law or the Marketplace’s Policies or Guidelines (iii) the Content and material does not breach these Terms and the Privacy Policy.

THIRD-PARTY WEBSITES

The Marketplace may contain links to other websites and the Marketplace is not in any way responsible for the Terms of Use or the Content of such websites and expressly disclaims all liability associated with the Content and the use of such websites. The linked websites are not under the control of the Marketplace and You are encouraged to read the Terms of Use and Privacy Policy of each and every linked website before accessing any of the Third-Party websites linked to the Marketplace and You acknowledge that any risk associated thereof while accessing and using such linked Third-Party websites solely lies with You and the Marketplace shall not be responsible in any manner whatsoever.

 

INTELLECTUAL PROPERTY RIGHTS

All Content included/uploaded on the Marketplace, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Marketplace, its affiliates, associates or its Content suppliers and is protected by Indian/International copyright, authors’ rights and database right laws. The compilation of all Content on the Marketplace is the exclusive property of the Marketplace, its affiliates, associates or its Content suppliers and is protected by laws of Indian/ International copyright and database right laws. All software used on this Marketplace is the property of the Marketplace, its affiliates, associates or its software suppliers and is protected by the laws of India and International copyright authors rights and database laws.

The Marketplace grants You a limited licence to access and make personal use of this Marketplace, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of the Marketplace. This licence does not include any resale or commercial use of the Contents of the Marketplace; any collection and use of any Product listings, descriptions, or prices; any derivative use of this Marketplace or its Contents; any downloading or copying of Account Information for the benefit of another Seller.

The trademarks, logos and service marks displayed on the Marketplace (“Marks”) are the properties of the Arcis or its affiliates, associates or its Content suppliers or the Users or the respective Third Parties. You are not permitted to use the Marks without the prior written consent of the Marketplace, its affiliates, associates, or its Content suppliers or the Users or the respective Third Parties that may own the Marks.

Arcis Clean Energy Private Limited owns all the Intellectual Property Rights to and into the trademark “BLive” and the Marketplace, including, without limitation, any and all rights, title and interest in and to any copyrights, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source codes, meta tags, databases, text, Content, graphics, icons, and hyperlinks. You agree not to use or apply for registration any marks, or domain names which are similar to the marks or domain names used in connection with the Marketplace or owned by Arcis Clean Energy Private Limited.

You shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with  Content or the Intellectual Property Rights of the Marketplace or Content suppliers or Third Parties in any mode, medium or manner now known or developed in the future without authorization from Arcis Clean Energy Private Limited and on happening of any such event Arcis Clean Energy Private Limited reserves the right to immediately discontinue the Marketplace Services to such Users without prejudice to Arcis Clean Energy Private Limited’s right to initiate legal action in this regard. 

You are strictly prohibited from framing or use framing techniques to enclose any Content or Intellectual Property on the Marketplace to illegally and unlawfully exploit the Content or Intellectual Property Rights owned by Arcis Clean Energy Private Limited or the Marketplace or the Content suppliers or the Third Party as the case is.

Trademark Infringement Complaints

Arcis Clean Energy Private Limited and the Marketplace fully respect the Intellectual Property (IP) Rights of the IP owners. In case You feel that Your Trademark has been infringed, You may write us at [email protected] with the subject line as “Trademark Infringement Complaint” with complete details viz. Your name and contact address, particulars of Your IP and the Products listed on the Marketplace that allegedly infringe Your IP.

FEE

You can use and access the Marketplace free of charge. However, at any time in the future, after duly notifying in advance, the Marketplace reserves its right to charge You for the use of the Marketplace and provisioning of the Services through the Marketplace as per the Applicable Laws.

NOTICE PROCEDURE

If You believe that any Objectionable Content is hosted on the Marketplace or Your rights are being infringed, You shall immediately inform the Grievance Officer by following the Marketplace’s Notice Procedure mentioned below. The Marketplace will endeavour to remove such Content as soon as possible after investigation.

No untrue or false information or allegation shall be made by You and if You are found misusing the notifying procedure, the Marketplace reserves the right to terminate Your Account and reserves the right to initiate appropriate legal action in this regard.

Upon receipt of a Notice, the Marketplace will take appropriate steps for removing the infringing or Objectionable Content all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. The Marketplace shall also endeavour to forward a copy of the Notice to the alleged infringer or defaulter. Furthermore, in submitting a notice, You grant to the Marketplace the right to use, reproduce, publish, and display its Content throughout the world in any mode, medium or manner now known or developed in the future. This includes without limitation, forwarding the Notice to the Parties involved in the provision of the allegedly infringing Content. If found defaulting, You, agree to indemnify the Marketplace for all claims brought by a Third Party against the Marketplace arising out of or in connection with the submission of a Notice.

It is repeated and reiterated that the Marketplace’s role and responsibility is completed on taking down the infringing or Objectionable Content as alleged in the Notice and the Marketplace shall in no manner be liable for or in relation to the infringing or Objectionable Content. The Marketplace shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the Dispute or differences between the Person who notifies the Objections and the Users against whom the objections are raised. 

DISCLAIMER

You, being the User of the Marketplace expressly agree that the use of the Marketplace is at Your sole risk. The Marketplace and the Contents uploaded or provided or shared by other Users are made available to You through the Marketplace on an “as is” basis and “as available basis” without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by the Applicable Law and the Marketplace does not accept any liability for any errors or omissions.

The Marketplace shall not be liable or responsible for any actions or inactions of the Sellers or any breach of conditions, representations or warranties by the Sellers or the Manufacturers of the Products and expressly disclaims any and all responsibility and liability in that regard. The Marketplace shall not mediate or resolve any Dispute or disagreement between the Users and the Sellers or the Manufacturers of the Products.

Arcis Clean Energy Private Limited, through the Marketplace only provides a marketplace that Users utilize to communicate and transact with one another and does not endorse any Products displayed on the Marketplace or views expressed or information uploaded by any User. In no event shall Arcis Clean Energy Private Limited and/or the Marketplace be liable for any information, Content, materials, Products or services available through the Marketplace.

The right, title, interest and ownership in the Products that are transacted by the Users through the Marketplace does not vest with Arcis Clean Energy Private Limited and/or the Marketplace and Arcis Clean Energy Private Limited and/or the Marketplace holds no right, title or ownership over such Products. The offer and acceptance of the Products through the Marketplace is at the Users sole risk and the Marketplace accepts no liability for any errors or omissions or defaults or deficiency of any Products either offered or accepted by the Users through the Marketplace.

The Marketplace hereby disclaims any guarantees of exactness as to the finish, quality and appearance of the Products as ordered by and delivered to the Users and if such Products do not meet Your expectations. The Marketplace could also be linked to Third Party websites and the Marketplace assumes no responsibility for results obtained from the use of these websites.

The Marketplace makes no assurances that the Marketplace is bug free and User-friendly or about the safety of the Use of the Marketplace. The Marketplace, including its affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the Marketplace.

  

The Marketplace does not guarantee that the Services provided through the Marketplace will function without interruption or errors. The operation of the Services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. The Marketplace disclaims all liability for losses or damages caused by any such interruption or errors in functioning. The Marketplace also disclaims all liability for any malfunctioning, impossibility of access or poor use conditions of the Marketplace due to inappropriate equipments, disturbances related to internet services, down time or otherwise.

To the maximum extent permitted by the Applicable Law, the Marketplace will have no liability related to User Content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. The Marketplace also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.

When the User deletes any kind of information, the User must understand that the removed Content may continue/be saved in backup copies. The Marketplace will not be liable for any loss that You may incur as a consequence of any unauthorized use of the Account or any Service or materials, either with or without Your knowledge.  The Marketplace shall not be liable for any Third-Party Products, the advertisements available on e-mail or the Marketplace with respect to the Third-Party website or the Products and Services and such are for information purposes only.

LIMITATION OF LIABILITY

In no event shall Arcis Clean Energy Private Limited and/or the Marketplace  including its affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Marketplace whether based on warranty, contract, tort (including negligence) or in any other means or action.

You acknowledge that the Marketplace is only an Intermediary as per definition under the Information Technology Act, 2000 and the Rules framed thereunder, between You and the Sellers and the Marketplace shall not be held liable for any act of the Sellers or other Third-Party Service Providers.

Without prejudice, it is agreed by You that Arcis Clean Energy Private Limited and/or the Marketplace including its affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be held cumulatively liable for any damages or claims more than INR 1000/- (Rupees One Thousand Rupees Only) subject to the Applicable Laws in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities. 

INDEMNITY

You  agree to indemnify and hold harmless Arcis Clean Energy Private Limited and/or the Marketplace including its affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any Applicable Law (ii) breach of any representations, warranties or covenants of the Users (iii) breach of the Policies, Guidelines and conditions of the Marketplace’s service or these Terms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.

TERMINATION

The Marketplace reserves the right to terminate the Services provided to any Users without any prior Notice, in the event of any default being committed by the Users including but not limited to the breach of any Applicable Law, Policies, Guidelines and conditions of the Marketplace’s Service or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions).  Upon such termination, the User’s information and other details shall be blacklisted by the Marketplace and shall be taken into consideration whenever necessary.

The Marketplace will terminate the Services provided to any Users if it is required under any Applicable Law.  Without prejudice, the Marketplace reserves its right to terminate the Services if such provision of Services to the Users is not economically viable for the Marketplace. Users may choose to discontinue availing Services and facilities provided through the Marketplace by closing the User Account with the Marketplace.

On termination of the User Account, the User is not eligible to purchase or sell Products through the Marketplace. Once the User Account is terminated for any reason whatsoever, the Contents, reviews, comments or other material posted on the Marketplace by the User may be removed by the Marketplace.

 

Post termination of the Services provided to the Users through the Marketplace; the User’s personal information would reside in the Marketplace’s database for a certain period of time. It is also clarified that certain terms and conditions of the Policies, Guidelines and conditions of the Marketplace’s service or these Terms and the Privacy Policy continue to be binding on the Users and if any Users by default or otherwise is found using or dealing with the Marketplace post termination of the Service provided through the Marketplace, the User shall be prosecuted by the Marketplace. The Users shall be also liable to compensate the Marketplace for any unauthorized use of the Marketplace. 

MISCELLANEOUS

Location Based Services: With your location permission, our Marketplace/website use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine your approximate location to provide you location-based Services. We won’t follow you all the time but can help you find the nearest Marketplace Partner/Brand store, with Brand News, offers and/or other information based on your profile/liking when you need one.

Severability: Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Headings: Various headings used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case the headings and the related text conflicts, the text will prevail.

Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future Applicable Law then, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by the Marketplace  a legal, valid, and enforceable provision to the extent possible.

Notices: For purposes of Service messages and Notices about the Services to the Users, the Marketplace may place a banner Notice across its pages to alert the Users to certain changes such as modifications to these Terms. Alternatively, the Notice may consist of an email from the Marketplace to the Users. The Users agree that the Marketplace may communicate with Users through the User’s Account or through other means including email or mobile. The Users are required to update their settings regularly to ensure that the Marketplace’s Service messages and Notices are received by the Users timely and accurately.

Assignment: The Users shall not assign its rights or obligations under these Terms and the Privacy Policy to a Third Party.

Arcis Clean Energy Private Limited and/or the Marketplace, including its affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Marketplace’s Service messages and Notices.

GRIEVANCE OFFICER

You may contact the Grievance Officer at the following address:

Mr. Sandeep Mukherjee 

Phone number: 08322464684

Email – [email protected]

Address: Plot No. 22-B, GF-1, Happy Home Co-op. Soc., La Campala, Miramar, Panaji, Goa 403001

GOVERNING LAW AND JURISDICTION

The terms and conditions of this agreement shall be governed by Indian law and the Courts in Goa shall only have exclusive jurisdiction to resolve any disputes.