TERMS OF USE
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DEFINITIONS
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, Disclaimer and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
"You"/ "User" shall mean the end user accessing the Website, its contents and using the services offered through the Website.
"Adibuja"/"we"/ "us"/"our" shall mean __________________________ or its affiliates, franchisees, service providers, successors and assigns "Site" means the online shopping platform owned and operated by ___________________ ("www._________________"), which provides a venue to the users of to buy the Products listed on Site.
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ACCEPTANCE OF TERMS
The services that Adibuja provides to you, the User is subject to the following Terms of Use ("TOU"). Adibuja reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
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This document is an electronic record in terms of The Information Technology Act, 2000 ("IT Act") and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) under IT Act which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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The domain name www.adibuja.com (“Website”) is an e-commerce portal owned and operated by ______________________ ("Adibuja"), a company incorporated under the laws of India, having its registered office at ____________________________.
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Your use / access of the Website, its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Adibuja ("Terms") posted on the Website from time to time. These Terms applies to all users (whether Registered user or Guest User) of the Website.
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This Agreement, which incorporates by reference other provisions applicable to use of www.adibuja.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.adibuja.com, sets forth the terms and conditions that apply to use of www.adibuja.com by User. By using Adibuja (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.adibuja.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. By subscribing to or using the website or any of our services through the Website you agree that you have read, understood, accept and are bound by the Terms, Policies, directions of Adibuja regardless of how you subscribe to or use the Website, however Adibuja at its sole discretion reserves its right not to accept a user from registering on the Website without assigning any reason thereof.
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Adibuja shall have the right at any time to change or discontinue any aspect or feature of the platform, including, but not limited to, content, hours of availability, and equipment needed for access or use.
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AMENDMENTS
Adibuja reserves its right to amend the Website, Policies, Conditions or Terms of use and at any time without prior notice. All such updates and amendments shall be posted on the Website and will be effective from the time of its posting on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement, Terms and Policies.
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SELLER ELIGIBILITY
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Adibuja reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Adibuja’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
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SELLER ACCOUNT, PASSWORD, AND SECURITY
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform. As a Registered User, you are responsible for maintaining the confidentiality of your user id and password. You are also responsible for maintaining the confidentiality of your email id and mobile number and for any unauthorised access to your mobile, tab, computer, computer system and computer network, and you are responsible for all activities that occur under your user id and password, email id and mobile number as the case may be. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete.
Seller Account Deactivation:
As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said seller for downloading payment and taxation reports, if required. After 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by Adibuja at all times, such as registered mobile number, registered email ID, GSTIN and other transaction related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with Adibuja again, he/she will not be able to create a new account but the older account can be restored if it is required.
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COMMUNICATION
When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
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PLATFORM FOR TRANSACTION AND COMMUNICATION
The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. Adibuja is not and cannot be a party to any transaction or dispute between users on the Platform.
Consequently:
1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Adibuja does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
2. Adibuja does not make any representations or warranties regarding specifics (such as quality, value, and salebility) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. Adibuja does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Adibuja accepts no liability for any errors or omissions of third parties in relation to the products and services.
3. Adibuja is not responsible for any non-performance or breach of any contract between you and buyers. Adibuja cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. Adibuja shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
4. Adibuja does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.
5. Adibuja does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
6. At no time shall Adibuja hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Adibuja is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
7. The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Adibuja only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
8. You release and indemnify Adibuja and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Adibuja cannot control the information provided by other users which is made available on the Platform. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
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USE OF THE PLATFORM
You agree and understand that Adibuja and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Adibuja shall bear no responsibility or liability in relation to or arising out of third party user generated content. Adibuja neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Adibuja is merely an intermediary and does not interfere in the transaction between buyers and sellers.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
Throughout the ToU, Adibuja’s prior written consent means a communication coming from Adibuja’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Platform;
(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.
(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
2. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.
5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Adibuja, Flipcart, Adibuja.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Adibuja or sellers on the platform or otherwise tarnish or dilute any Adibuja trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Adibuja’s systems, networks, or any systems or networks connected to Adibuja.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
7. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
8. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Adibuja and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
10. You shall strictly comply with the OFAC Regulations and Other Applicable Sanctions Regulations as may be amended from time to time.
11. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of Adibuja.
12. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
13. You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. Adibuja shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Adibuja’s views. In no event shall Adibuja assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.
14. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
15. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
16. Adibuja shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
17. Adibuja and/or its affiliates may from time to time in partnership/association with its partners and/or third-party sponsors, organise/enable promotional campaigns on the Platform for the benefits of the customers/Sellers. Partners/third party sponsors may prescribe certain objective qualifying criteria to identify Sellers who will be eligible for the benefits of the campaign. All Sellers who qualify based on the objective criteria provided by such sponsors of the campaign will be auto opted-in and be able to obtain the benefits of such promotional campaign. In the event any Seller does not qualify based on the objective criteria, Sellers may choose to participate in such campaigns by expressly opting-in for them. In the event a Seller opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products. For avoidance of any doubt, some Sellers may qualify, and some may not, based on the qualifying criteria set for each individual campaign. Please refer to the campaign communication/notifications for more details, as may be communicated to you from time to time.
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SELLING
As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Adibuja reserves the right to delete such multiple listings of the same product listed by you in various categories. Adibuja reserves the right to restrict the selling of products originating from certain countries.
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COMPLIANCE ON SELLING OF GOODS/SERVICES
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Adibuja shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Adibuja to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing. In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.
You shall also be required to provide your GSTIN, without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account.
In the event of you providing your Input Service Distributor Registration Number, Adibuja would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.
We do not mandate that any of your Products should be sold exclusively on the Platform. For the sake of clarity, Adibuja unilaterally waives any obligation on You to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.
As per Section 194-O of the Finance Act, 2020, Adibuja will deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Platform at 0.75% from October 1, 2020 to March 31, 2021 and at 1% thereafter.
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CONTENT POSTED ON THE PLATFORM
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Adibuja has no responsibility or liability over such third-party generated Content as Adibuja is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Adibuja’s prior written consent.
You may use the information on the products and services made available on the Platform for downloading provided you:
(1) do not remove any proprietary notice language in all copies of such Content;
(2) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any Content; and
(4) do not make any additional representations or warranties relating to the Content.
You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.
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LIMITED LICENSE
Adibuja grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Adibuja" and/or “Adibuja.com” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, Adibuja grants sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “Adibuja.com” name and/or logo on packing material used by sellers for delivery of Products sold on the Platform.
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PAYMENT
1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Adibuja liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
2. You have specifically authorized Adibuja or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Adibuja is on a principal to principal basis and by accepting the ToU, you agree that Adibuja is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Adibuja does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by Adibuja is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Adibuja neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Adibuja’s sole discretion.
4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
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DISPATCH OF PRODUCTS AND/OR SERVICES
1. You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, Adibuja will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform
2. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Adibuja in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
3. Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to Adibuja on demand within the time frame as notified from time to time.
4. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.
6. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
a) Buyer confirms the delivery of products and/or services in the transaction;
b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
c) Buyer’s refund claim is rejected by Adibuja due to any breach of the ToU, policies, and any applicable law;
d) The delivery is confirmed by the Logistic Partner of Adibuja.
Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
7. You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by Adibuja.
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PREPAID PAYMENT INSTRUMENTS
Adibuja may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:
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Such prepaid instruments may be used to make payments for the products and/or services purchased on the Platform
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Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Platform.
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Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
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If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.
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If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
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Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
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Prepaid instruments cannot be redeemed for cash.
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Adibuja is not responsible if prepaid instruments are lost, stolen, or used without permission.
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Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
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Purchases of prepaid instruments are not eligible for cashback offers.
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All sellers on the Platform will accept this prepaid instrument as a payment instrument.
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Adibuja will make payments to sellers whose products and/or services have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.
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CHARGES
Registration on the Platform is free. Adibuja does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Adibuja reserves the right to change its fee policy from time to time. In particular, Adibuja may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Adibuja reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Adibuja. You shall be solely responsible for compliance with all applicable laws for making payments to Adibuja. You hereby agree that Adibuja shall have the right to set off any amounts due and payable by You to Adibuja against any payments due from Adibuja to You.
Adibuja shall act as an escrow agent and collect the monies from the Buyer and keep the same in escrow. Adibuja shall charge a percentage of the Sales amount as margin money for its services rendered as a Platform and 80% of the amount which the Seller is entitled to (Total Sales Amount less Margin Money) shall be paid to the corresponding Seller within the first 7 days of the subsequent month the Buyer purchases the products from the Platform. The balance 20% shall be retained by Adibuja till the expiry of the return / replacement period for the said category of Product and the same shall be paid in the next cycle i.e. the first 7 days of the month, either the current or the next depending upon the time of the sale and the corresponding return / replacement period.
Adibuja shall charge margin money on the following percentages depending on the category of the Products.
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Category and Description of Products |
Margin Money % of Total Sales |
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GST /TAXES:
You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
1. A seller agrees that Adibuja may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Adibuja, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. Eligible sellers understand that Adibuja reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Adibuja’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by Adibuja from time to time.
2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf. For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by Adibuja shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.
A seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, the seller shall ensure that invoices state ‘Powered by Adibuja’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
3. In case of any chargebacks levied by the bank, Adibuja shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Adibuja shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Adibuja has made any excess payment to the seller inadvertently, such excess payments shall be set-off from any future payments payable by Adibuja to the seller.
4. Adibuja may delay notifying the payment confirmation, i.e. informing the seller to dispatch if Adibuja deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Adibuja may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
5. Sellers acknowledge that Adibuja will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Adibuja.
6. Adibuja shall make payments into the bank account provided by a seller during the seller registration process. Once Adibuja has made payments into such a bank account number, Adibuja shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
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COMPLIANCE WITH LAWS:
1. Seller shall have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply and sell the Products on www.Adibuja.com under applicable laws, from time to time, including, the Food Safety and Standards Act, 2006, Food safety and standards (licensing and registration of food business), Regulations, 2011 and all applicable legislations under FoodSafety and Standards Regulations, in each case, as amended from time to time. For all times during which the seller may advertise, distribute, market, supply or sell the Products on www.Adibuja.com, the undertaking remains true and correct in all respects. Further, the seller shall immediately notify Adibuja, in writing, upon the lapse of the FSSAI License and/or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to the FSSAI License. The seller acknowledges and agrees that Adibuja shall be permitted to assign or otherwise furnish the undertaking to any authority or person as may be required for official purposes. Seller shall also comply with the Legal Metrology Act, 2009 and the related rules and regulations while listing products on the platform Adibuja.com. Seller shall be required to enter the mandatory attributes while listing products on the platform (including but not limited to the country of origin of the product) as provided under the Legal Metrology Packaged Commodity Rules and the related amendments.
2. In the event of sale of jewellery, the seller shall provide a hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Adibuja shall not be liable whatsoever for any non-compliance in this regard.
3. In the event of sale of jewellery, Seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Adibuja hereby disclaims any responsibility for conducting Buyer KYC.
4. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.
5. Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.
6. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of Adibuja (or any Adibuja group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“Adibuja’s Personal Information"), you agree to:
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comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
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keep and maintain all Adibuja’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and
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process Adibuja’s Personal Information solely to fulfil Your obligations under this ToU and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorized disclosure of Adibuja’s Personal Information to any third party.
7. If and to the extent that you provide yours or others’ Personal Information to Adibuja for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law, from providing such Personal Information to Adibuja or any processing by Adibuja under this ToU. We will only use information provided by you in accordance with this ToU and our Privacy Policy.
8. You undertake sole and exclusive responsibility to ensure that the products you want to list on
Adibuja.com for Sales are permissible for such a Sale and are not prohibited or restricted per one or many conditions imposed by the extant laws of the land.
9. Products must adhere to the legal metrology laws and Indian Labelling requirements by ensuring that the indicated weights and measurement indicated in the products and/or its components are commensurate with the mandatory and legal requirements of the same which make the product and/or components accurate, authentic and secure for consumption/utilisation by the customer. Adibuja does not assume any responsibility for the proceedings undertaken by an aggrieved customer/consumer against the seller in the event of a non-adherence. However, in the event of a complaint from a consumer/customer, the seller is obligated to answer queries on the non-adherence to the Legal Metrology Laws, failing which Adibuja can temporarily/indefinitely suspend/terminate/block/with-hold your account at its own discretion.
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PRODUCT DESCRIPTION
Adibuja does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
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AUDITS
Adibuja shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Adibuja approved third party testing agencies. Cost of such an audit shall solely be borne by Adibuja unless the audit reflects discrepancy in seller accounts / non-compliance with Adibuja’s seller policies, in which case the cost of audit shall be borne by the seller.
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BREACH
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:
1. if you breach the ToU, privacy policy or other policies (if any);
2. if we are unable to verify or authenticate any information you provide;
3. if it is believed that your actions may cause legal liability for you, other users, or us; or
4. if you do not produce the legal requirement documents such as, the documents required for product sales in the Drugs and Cosmetics category, the BIS license documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by Adibuja Authorities.
We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
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INDEMNITY
You shall indemnify and hold harmless Adibuja its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
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TRADEMARK COMPLAINT
Adibuja respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Adibuja at _____________.
Copyright complaint
Adibuja respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Adibuja at _____________.
Trademark, Copyright and Restriction
The Website is controlled and operated by Adibuja and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Adibuja’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
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LIMITATION OF LIABILITY
IN NO EVENT SHALL ADIBUJA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF ADIBUJA HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
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APPLICABLE LAW
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Pune.
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JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Adibuja makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Adibuja is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
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CONTACT US
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, by raising an incident from your seller dashboard.
Grievance Officer
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Mr. _______________
______________
______________
CANCELLATION, RETURN & EXCHANGE POLICY
Cancellation Policy: A Buyer can cancel or modify any order within 30 minutes from placing your order. In such a case Adibuja shall refund any payments already made by the Buyer for the order as per the prevailing Refund Policy. However, once the order is confirmed and processed it can’t be canceled.
Return & Refunds:
Returns is a scheme provided by respective sellers directly under this policy in terms of which the option of exchange, replacement and/ or refund is offered by the respective sellers to you. All products listed under a particular category may not have the same returns policy. For all products, the returns/replacement policy provided on the product page shall prevail over the general returns policy. Do refer the respective item's applicable return/replacement policy on the product page for any exceptions to this returns policy and the table below:
Sr. No. |
Category and Description of Products |
Returns Window, Actions Possible and Conditions, if any |
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Returns Pick-Up and Processing:
In case of returns where you would like item(s) to be picked up from a different address, the address can only be changed if pick-up service is available at the new address
During pick-up, your product will be checked for the following conditions:
Category |
Conditions |
Correct Product |
IMEI/ name/ image/ brand/ serial number/ article number/ bar code should match and MRP tag should be undetached and clearly visible. |
Complete Product |
All in-the-box accessories (like remote control, starter kits, instruction manuals, chargers, headphones, etc.), freebies and combos (if any) should be present. |
Unused Product |
The product should be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/return tags/warranty seals (wherever applicable). Before returning a Mobile/ Laptop/ Tablet, the device should be formatted and Screen Lock (Pin, Pattern or Fingerprint) must be disabled. iCloud lock must be disabled for Apple devices. |
Undamaged Product |
The product (including SIM trays/ charging port/ headphone port, back-panel etc.) should be undamaged and without any scratches, dents, tears or holes. |
Undamaged Packaging |
Product's original packaging/ box should be undamaged. |
The field executive will refuse to accept the return if any of the above conditions are not met.
For any products for which a refund is to be given, the refund will be processed once the returned product has been received by the seller.
General Rules for a successful Return:
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In certain cases where the seller is unable to process a replacement for any reason whatsoever, a refund will be given.
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During open box deliveries, while accepting your order, if you received a different or a damaged product, you will be given a refund (on the spot refunds for cash-on-delivery orders). Once you have accepted an open box delivery, no return request will be processed, except for manufacturing defects. In such cases, this category-specific replacement/return general conditions will be applicable.
TERMINATION POLICY
This User Agreement shall be effective form the date and time of your acceptance of the Terms of the Website and remain in force unless and until terminated by either of us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to us. Upon any termination of the User Agreement by either of us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement. We may discontinue this Website at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.
PRIVACY POLICY
The Internet is an amazing tool. It has the power to change the way we live, and we're starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and services, and communicate with others from around the world. It's important to Adibuja to help our customers retain their privacy when they take advantage of all the Internet has to offer.
We believe your business is no one else's. Your privacy is important to you and to us. So we'll protect the information you share with us. To protect your privacy, Adibuja follows different principles in accordance with worldwide practices for customer privacy and data protection.
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We won’t sell or give away your name, mail address, phone number, email address, or any other information to anyone.
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We’ll use state-of-the-art security measures to protect your information from unauthorized users.
This privacy policy describes how we handle your personal information. We collect, use, and share personal information to help the Adibuja website work and to keep it safe. In formal terms, ________________________________ (“us” or “we” or “our” or “Adibuja”), are the owners of the Adibuja website and they acting themselves and through their subsidiaries or Affiliates, are the “data controller” of your personal information.
This Privacy Policy is pursuant to Section 43A of the Information technology Act, 2000 read with Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
NOTICE
We will ask you when we need data that identifies you (Information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site. We use your Information for four primary purposes:
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To make the site easier for you to use by not having to enter information more than once.
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To help you quickly find goods or information.
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To help us create content most relevant to you.
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To alert you about product upgrades, special offers, updated information, and other new services on Adibuja.
CONSENT
If you choose not to register or provide information, you can still access most of Adibuja. But you will not be able to access areas that require registration.
If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding Adibuja products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from Adibuja.
ACCESS
We will provide you with the means to ensure that your information is correct and current. You may review and update this information at any time under My Account Section. Where, you can:
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View and edit information you have already provided.
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Tell us whether you want us to send you marketing information.
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Sign up for electronic newsletters about our services and products.
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Once you register, you won't need to do it again. Wherever you "go on https://www.adibuja.com your information stays with you.
TYPE OF INFORMATION
The Privacy Policy applies to information collected and processed by Adibuja consisting of following:
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Personal information is information related to a visitor, or a combination of pieces of information that could reasonably allow him to be identified. Personal information may consist of full name, personal contact numbers, residential address, email address, gender or date of birth. While information such as date of birth in isolation may not be enough to uniquely identify the visitor, a combination of full name and date of birth may be sufficient to do so.
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Sensitive personal data or information is such personal information that is collected, received, stored, transmitted or processed by Adibuja, consisting of:
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Password;
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Financial information such as bank account or credit card or debit card or other payment instrument details;
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Sexual orientation;
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Any detail relating to the above personal information categories as provided to Adibuja for providing service; and
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Any of the information received under above personal information categories by Adibuja for processing, stored or processed under lawful contract or otherwise.
SECURITY
Adibuja has taken strong measures to protect the security of your information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your account information, we're using secure server software SSL, which encrypts your information before it's sent over the Internet. SSL is one of the safest encryption technologies available.
Adibuja strictly protects the security of your information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access.
You also have a significant role in protecting your information. No one can see or edit your information without knowing your user name and password, and so do not share these with others.
ENFORCEMENT
If for some reason you believe Adibuja has not adhered to these principles, please notify us by email at
[email protected], and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.
SELLER PROFILES
As mentioned above, every registered seller has a unique profile. Each profile is assigned a unique identification number, which helps us ensure that only you can access your profile.
When you register, we create your profile, assign an identification number, then send this identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across Adibuja, allowing you to access the content without having to fill out registration forms with information you've already provided. Even if you switch computers, you won't have to re-register – just use your Registration ID to identify yourself.
WHAT WE DO WITH THE INFORMATION YOU SHARE
When you join us, you provide us with your contact information, including Full Name, Business Name and business email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s)/service(s) you order on Adibuja. For your convenience, we do save billing information in case you want to order from us again, but we don't use this information again without your permission.
We occasionally hire other companies to provide limited services on our behalf. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
Adibuja will disclose your information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Adibuja or the site; (b) protect and defend the rights or property of Adibuja and its family of Websites, and, (c) act in urgent circumstances to protect the safety of users of Adibuja, its Websites, or the public.
MODIFICATIONS TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time to comply with contemporary regulations and amendments, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. Any modification to this Privacy Policy will be communicated by posting an amended Privacy Policy on the Sites. Once posted on the Sites, the new Privacy Policy will be effective immediately. You can view the revised Privacy Policy updates on our website. As permitted by applicable law, if you continue to use the Services after the effective date of any change in the privacy policy, then your access and/or use will be deemed an acceptance of the revised Privacy Policy. The revised Privacy Policy supersedes all previous Privacy Policies.
CONTACT US
If you have any questions, concerns, or complaints regarding our Privacy Policy, please feel free to contact us at
[email protected]. We will respond to any such inquiries or complaints within Thirty (30) days from the receipt of the complaint.
DISCLAIMER
This Website provides Content without any warranties or guarantees and in an "As Is" and "where is" basis. You must bear the risks associated with the use of the Site. This Website provides content and while Adibuja and its software support service provider tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Adibuja and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. Adibuja, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Adibuja and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Let’s get one thing clear though; under no circumstances will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits which are arising out of, or in connection with, the use of this website.
We assure you that we make every effort required, to keep the website up and running smoothly. However, we explicitly take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Sorry if we cause you any unforeseen inconvenience.