(OF PLATFORM WITH EFFECT FROM 01 JUN 2022 )
1.1 The Platform is owned and operated by Khurja Ceramic .
- “Buyer” means a User who places an order for purchase of Products and/or services on the Platform.
- “Buyer ID” shall have the meaning ascribed to it in Clause 4.2.
(c) “Feedback” shall have the meaning ascribed to it in Clause 16.3.
(d) “GST” means the goods and service tax is levied under the Central Goods and Services Tax Act and Rules (CGST), Integrated Goods and Services Tax Act and Rules (IGST), State Goods and Services Tax Acts and Rules (SGST) levied by the States, Union Territory Goods and Services Tax Act and Rules (UTGST) levied by the Union Territories, and all allied cesses, duties and taxes.
(e) “Personal Information” means any information that relates to a natural person which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such a person.
(f) “Platform” means the technological applications, through which the Products are made available for sale to a select group of Buyers, including but not limited to the website (www.khurjaceramic.com), any mobile applications where the Products are made available for Sale and any kiosks set up by Khurja Ceramic at various centers or other locations, to provide access to the Platform which in itself shall be a closed environment with access only granted to such select Users with no access to the public at large.
(h) “Products” shall mean the products made available for sale on the Platform.
(i) “Purchase Order” means the specific terms of trade including but not limited to the commercial terms agreed between Khurja Ceramic and the Seller.
(j) “Seller” means (i) Khurja Ceramic and/or; (ii) a person/entity who lists its Products for sale on the Platform.
(k) “Seller ID” shall have the meaning ascribed to it in Clause 4.2.
(l) “Spamming” shall have the meaning ascribed to it in Clause 8.2 (d).
(m) “Terms of Sale” shall mean the terms and conditions of sale executed between the Buyer or the Seller (as applicable) and Khurja Ceramic ;
(n) “Third – Party Content” shall have the meaning ascribed to it in Clause 5.2.
(o) “Transaction” means the process of placing an order for the Products or availing
Any services on the Platform; and
(p) “User Submissions” means content including Your data or information of Your Product rating, comments, reviews in relation to Products or the Platform, suggestions,
questions or other information and includes any material that is generated, as a whole or in part, on the Platform, including, communication between Users, analytics and reports, trends, patterns, notes, messages, emails, posts and other communication that Users provide or receive, through Platform.
1.3 Khurja Ceramic owns and manages the Platform, which is an electronic medium to enable the display and sale of various Products, and incidental services thereto. The Platform
- A medium for the Sellers to advertise, exhibit, make available and offer to sell various Products to the Buyers and to enable payments by the Buyers to the Sellers; and
- such other services as are incidental and ancillary thereto. Such services are offered to the Users through various modes which may include managing the logistics for delivery of the Product to the Buyer or a service selected by the User while using the Platform.
1.5 Any refunds shall be provided under the Terms of Sale for the Seller or Terms of Sale for Buyer as applicable. Transactions carried out by Users on the Platform (including but not limited to order placement, payments, returns and refunds) shall be as per the procedures for the same as set out in Terms of Sale for Buyers, Terms of Sale for Sellers and Purchase Order as applicable.
1.6 You understand and agree that Khurja Ceramic has the right to cancel any Transaction, listing or acceptance (a) for any reason in accordance with the Agreements, or (b) under an order or instruction from any statutory, quasi-judicial or judicial authority, or (c) under the terms specified in the Terms of Sale for Buyers or Terms of Sale for Sellers as applicable
2. ACCEPTANCE OF TERMS
4. REGISTRATION AND ELIGIBILITY
4.2 On successful registration as a User on the Platform, Khurja Ceramic will Generate a unique ID (“Buyer ID” or “Seller ID” as applicable) which will be used by Khurja Ceramic to identify each Buyer and Seller registered on the Platform.
4.3 Registration as a User is only a one-time process and if You have been previously registered, You shall login / sign into Your account using the same credentials as provided by You during the registration process.
4.4 You shall not: (a) provide any false Personal Information to Khurja Ceramic (including a false Username) or create any account for anyone other than Yourself without such person’s permission; (b) use a Username that is the name of another person with the intent to impersonate that person; (c) use a Username or Khurja Ceramic account that is subject to any rights of a person other than You without appropriate authorization; or (d) use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.
4.5 Khurja Ceramic reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Your account password. You shall never use another User’s account without such other User’s prior express permission. You will immediately notify Khurja Ceramic in writing of any unauthorized use of Your account, or other account related security breach of which You are aware.
5. THIRD – PARTY CONTENT
5.1 All Third – Party Content on the Platform, whether publicly posted or privately Transmitted, is the sole responsibility of the person who originated such Content. Khurja Ceramic can not guarantee the authenticity of any Third – Party Content or data which Users may provide about themselves. You acknowledge that all Third – Party Content accessed by You using the Platform is at Your own risk and You will be solely responsible and liable for any damage or loss to You or any other party resulting therefrom and Khurja Ceramic shall have no liability towards You or any other party for any damage or loss resulting from such Third – Party Content.
6.1 The Platform contains content specifically provided by Khurja Ceramic or its partners on the Platform and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any such content provided by Khurja Ceramic accessed through the Platform.
6.3 All content provided by Khurja Ceramic is made available as is and without any representations or warranties whatsoever, and Khurja Ceramic hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.
7. CONDITIONS TO USE
7.1 Access to the Platform will be provided on a best – efforts basis. Khurja Ceramic will make reasonable efforts and shall endeavor that You are able to use the Platform without undue disruption, interruption or delay.
7.2 By creating an account on the Platform, You may receive updates, promotional materials and other information that We may send with regards to the Platform, or services Khurja Ceramic may offer. You may opt out of receiving any, or all, of these communications from Khurja Ceramic by following the unsubscribe link or instructions provided in any email We send. You will continue to receive important updates with regards to Your account. The process governing Transactions and specific requirements with respect to the Products are detailed in the Terms of Sale for Buyer, Terms of Sale for Seller or Purchase Order as applicable.
7.4 Khurja Ceramic disclaims any responsibility for any harm resulting from anyone’s use, viewing, or downloading of Third-Party Content. If You access or use Any Third-Party Content, You are responsible for taking precautions as necessary to Protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Third-Party Content offered through or available on the Platform is the Third-Party Content provider or Third-Party Content creator’s (the person, persons or entity that was responsible for uploading, adding or sharing the content or materials) sole responsibility, and You agree that Khurja Ceramic shall not be liable for any damages that may result from Your use of the Third-Party Content.
8. RULES AND CONDUCT
8.1 As a condition of use, You promise not to use the Platform for any purpose that is
9. THIRD PARTY SITES AND SERVICES:
The Platform may permit You to link to other websites, services, payment gateways or resources on the internet, or advertise other websites, services or resources on the Internet and other websites, services or resources may contain links to the Platform. When You access third party websites, You do so at Your own risk. These other websites are not under Khurja Ceramic ’ control, and You acknowledge that Khurja Ceramic is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Khurja Ceramic or any association with its operators. You further acknowledge and agree that Khurja Ceramic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website, advertisement or resource.
11. WARRANTY DISCLAIMER
11.1 Save to the extent required by applicable law, Khurja Ceramic has no special relationship with or fiduciary duty to You. You acknowledge that Khurja Ceramic has no control over, and no duty to take any action regarding: which Users gain access to the Platform; what content (including but not limited to Third-Party Content) You access via the Platform; what affects the content (including but not limited to Third-Party Content) may have on You; how You may interpret or use the content (including but not limited to Third-Party Content); or what actions You may take as a result of having been exposed to the content (including but not limited to Third-Party Content).
11.2 You release Khurja Ceramic from all liability for You having acquired or not acquired content (including but not limited to Third-Party Content) through the Platform. The Platform may contain, or direct You to websites containing, information that some people may find offensive or inappropriate. Khurja Ceramic makes no representations concerning any content (including but not limited to Third-Party Content) contained in or accessed through the Platform, and Khurja Ceramic will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform.
11.3 Khurja Ceramic shall not have any liability where the transaction is unable to be completed or does not materialize. In no event shall Khurja Ceramic be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the Platform, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons You may otherwise meet through the Platform.
11.4 The Platform and Third-Party Content links are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by applicable law.
13. LIMITATION OF LIABILITY
13.1 All liability of Khurja Ceramic, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of Your use of the Platform or content (including but not limited to Third-Party Content) is expressly excluded to the fullest extent permitted by applicable law, save that, if a court of competent jurisdiction determines that liability of Khurja Ceramic , its affiliates, directors, employees, agents, representatives, partners, suppliers has arisen, the total of such liability shall be limited in aggregate to One Thousand Rupees (INR 1000).
13.3 Additionally, by using the Platform and allied services, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Platform or any allied services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
13.4 To the maximum extent permitted by applicable law, in no event shall Khurja Ceramic , nor its affiliates, directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not Khurja Ceramic , its affiliates,directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the Platform, allied services or content (including but not limited to Third-Party Content) for: (a) the use or the inability to use the Platform; (b) indirect, remote or consequential losses or damages; © loss of actual or anticipated profits; (d) loss of revenue; (e) loss of goodwill; (f) unauthorized access to or alteration of Your transmissions or loss of data; (g) loss of anticipated savings; (h) wasted expenditure; (i) cost of procurement of substitute goods or services; or (j) any other matter relating to the Platform, content or allied service.
13.6 Without prejudice to the foregoing, none of the affiliates, directors, employees, agents, representatives, partners, suppliers or content providers of Khurja Ceramic shall be personally liable for any action in connection with the Platform or allied services.
14. INTELLECTUAL PROPERTY
14.1 The intellectual property in the Platform, and in the material, content and information made available on the Platform including graphics, images, photographs, logos, trademarks, the appearance, organization and layout of this Platform and the underlying software code belong to Us or Our licensors. You must not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any of the material referred to above. The information provided on the Platform and the Products are for Your personal use only.
14.2 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Khurja Ceramic or any of the seller or the buyer on our Platform without our prior written consent. You may not use any meta tags or any other “hidden text” utilizing Khurja Ceramic or its affiliates’ names or trademarks without the prior written consent of Khurja Ceramic and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Khurja Ceramic and / or its affiliates, as applicable.
14.3 All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. Without the prior written consent of the owner, modification or use of the material on any other website / networked computer environment or for any purpose is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which You receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
14.4 Infringing listings or selling or buying any of these items could put You (if You are the Seller) at risk for civil or criminal liability. Please see our Infringement and Take Down Policy set out below with respect to more information in this regard.
15. INFRINGEMENT AND TAKE DOWN POLICY:
15.1 We are committed to removing listing or content on the Platform which infringes any intellectual property rights of others. To facilitate this, We have a verification process so that the Users who are intellectual property owners could easily report listings or content that infringe their rights. In the event that You believe that Your intellectual property right has been infringed by any of our Users, please email Us immediately at email@example.com along with the information set out below: (a) Description of the alleged intellectual property right that has been infringed along with adequate information to identify the intellectual property, including URL or screen shots of the listing / content on ourPlatform; (b) Details establishing that the complainant is the owner or the exclusive licensee of the infringed intellectual property; © Details of the person, if known who is responsible for uploading the listing / content, infringing Your intellectual property; (d) Undertaking that You will file an infringement suit in a competent court against the User responsible for uploading the infringing intellectual property, and undertaking that You shall produce the orders of the court to Us within 21 days from the date of receipt of infringement notice; and (e) Your address, telephone number, and email address.
15.2 We will respond to all infringement notices and will comply with all applicable law in relation to the take down of such listings or content on the Platform. We also reserve the right to terminate a User’s account if the User is guilty of such infringement.
15.3 When You send Us an infringement notice, You: (i) declare that all statements made by You are true; (ii) acknowledge and agree that We may share Your infringement notice with third parties including the parties involved in the allegedly objectionable activities / infringing activities, our group companies, our legal advisors and other third parties; (iii) You agree to indemnify Us in the event Your notice is issued with any malafide intentions and we suffer any losses for taking action based on Your notice.
15.4 On receipt of Your notice, we will verify the allegations and if We find that the alleged listing / content is infringing Your intellectual property rights, We shall remove the listing / content within 36 (thirty six) hours of the receipt of Your notice.
15.5 Khurja Ceramic has the right to restore the listing of the Product in the event that You are unable to produce the orders of the competent court having jurisdiction as set out above. We are further not obligated to respond to any further takedown notices in relation to the same alleged infringements.
16. PROFANITY POLICY, PLATFORM DISRUPTION POLICY AND FEEDBACK
16.1 Khurja Ceramic prohibits the use of language that is offensive, profane, racist, hateful, sexual, defamatory or obscene in nature on the Platform, or any correspondence in relation to listing or sale of Products or provision of Services. This Policy extends to text within listings, seller pages, reviews and all other areas of the Platform that other Users may view. Offensive display names and offensive language in a listing or otherwise should be reported to Khurja Ceramic .
16.2 Interference, attempted interference or threatened interference with the Platform and / or operations using any software program, routine or activity is a serious offense and is not permitted. You (if You are the seller), availing Yourself of the Platform may only modify or add content in those areas specifically designated for You. All content must also abide by all other Agreements. Disciplinary action may result in indefinite / temporary suspension of a Your account or a formal warning.
16.3 You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews (“Feedback”) on or about the Platform, You acknowledge that You transfer all rights in such Feedback to Us and that We will be free to use the same as We may find appropriate. If it comes to Your notice that any Feedback comment contains profanity, please write to Us at firstname.lastname@example.org and submit a request for action / removal. Disciplinary action may result in indefinite / temporary suspension of Your account or a formal warning.
17. GOVERNING LAW AND DISPUTE RESOLUTION
18. INTEGRATION AND SEVERABILITY
20. FORCE MAJEURE
21. ELECTRONIC RECORD
22.1 Khurja Ceramic shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Khurja Ceramic ’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
23.2 If there is any contradiction between what the English language version of these Terms
of Use says and what a translation says, then the English language version shall take precedence.
24.1 In accordance with the Information Technology Act, 2000 and rules made there under and other applicable laws, the name and contact details of the Grievance Officer are provided below:
You may write to the Grievance Officer at the following address:
Name: Kartik Singh
Address: Khurja Ceramic, at Munda Khera Road, Opp. Chhabra Industry, Khurja – 203131, U.P. INDIA.
Phone Number: +91-92584-33383
Please contact the Grievance Officer for any questions or comments (including all inquiries related to copyright infringement) regarding the Platform.
25. COMPLETE UNDERSTANDING