Seller Terms & Conditions
KINDLY GO THROUGH FOLLOWING TERMS AND CONDITIONS CAREFULLY:
The following demonstrates User Agreement between N & T ENGITECH PVT. LTD. (hereinafter referred to as "EMECHMART") and the user(s) of the website- www.emechmart.com. Before user subscribes to and/or begins participating in or using web site, EMECHMART believes that user(s) have fully read, understood and accept the Agreement. All the terms and conditions listed here for the B2B e-commerce and B2C marketplace businesses are in accordance with the FDI policy. If user do not agree to or wish to be bound by Agreement, user may not access to or otherwise use the website. This Policy should be at all times read along with the Terms of Use of the Website.
USER AGREEMENT
User’s use of the EMECHMART website - www.emechmart.com (hereinafter referred to as "the website") and services available on a website is governed by the following terms and conditions. This User Agreement for the website shall come into effect on Month Day, Year. EMECHMART may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. Users are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If users do not adhere to the changes, user must stop using the service. User’s continuous use of the service will signify user’s acceptance of the changed terms.
ELIGIBILITY OF USER(S)
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by EMECHMART. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872. As a minor if user wish to purchase or sell an item on the Website such purchase or sale may be made by user’s legal guardian or parents who have registered as users of the Website. EMECHMART advises its users that while accessing the website, they must follow/abide by the related laws.
EMECHMART is not responsible for the possible consequences caused by user’s behaviour during use of website. EMECHMART may, in its sole discretion, reserve the right to terminate user’s membership and refuse to provide user with access to the Website at any time. We record buying and browsing activities of our users including but not limited to USER’S contact details and profiles and uses the same to provide value-added services to our users. If user are registering as a business entity, user represents that user are duly authorized by the business entity to accept this User Agreement and user have the authority to bind that business entity to this User Agreement. Kindly note our website is also not a risks proof website.
Impersonate Another Person:
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
Shall not be False, Inaccurate or Misleading:
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of 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. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and Shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as 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 Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our 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 Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "nonexportable" and sold subject to the provisions of the Arts and Antiquities Act. User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to EMECHMART to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party
copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the website. EMECHMART will only use Your Information in accordance with the User Agreement and EMECHMART Privacy Policy. You represent and confirm that you shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
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 item-specifics of such items or services so as to mislead other Users in any manner.
INDEMNIFICATION
The SELLERS shall keep EMECHMART.COM indemnified against freight, and other charges including duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments plus disputes and actions with their Consignees if any related to quality, quantity and condition. The SELLERS shall keep EMECHMART.COM indemnified from any sequential liability due to the product related issue or due to the delay in delivery of the product.
The SELLERS shall keep EMECHMART.COM indemnified against all duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments and shall keep EMECHMART.COM indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on its part. The SELLERS will be solely responsible to comply with all statutory requirements (State, Central Laws/Statutes, Tax Laws and Local Laws) applicable in relation to booking, sale and transportation of the shipments carried and delivered by EMECHMART.COM in pursuance of this agreement. The SELLERS shall keep EMECHMART.COM indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory or the like) on account of any act/omissions on its part.
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