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Payment Policy
Your use of the A4Paper.in
website {including A4Paper.in including mobile application (hereinafter
collectively referred to as the "Website") and its related sites,
services and tools is governed by the terms and conditions as contained in this
Agreement applicable to the Website and for other websites of VINDASHARI DISTILLERS AND CHEMICALS and our subsidiaries and international affiliates.
This User Agreement for the Website shall come into effect on 00:00 hours,
Indian Standard Time ………………………………………………………………… ("User Agreement"). a4paper.in
is an internet E-commerce based portal operated by VINDASHARI
DISTILLERS AND CHEMICALS; a company incorporated under Companies Act, 1956 having its registered
office at B-16 THIRD FLOOR COMMERCIAL MARKET TAGORE GARDEN, New Delhi,
110027 India. For the purpose
of this User Agreement, Registered User / Guest User and wherever the context
so requires, '"You", "Your" shall mean any natural or legal
person who is accessing the Website, its contents and using the services
offered on or through the Website and has agreed to become a member of the
Website by providing Registration Data (as defined hereinafter) while
registering on the Website as a Registered User / Guest User using the digital
systems of the Website and accepted this electronic version / electronic record
of the User Agreement and has allocated himself/herself a unique identification
user name ("User ID" and "Password") to become a Registered
User or has been identified as Guest User by providing phone number and email
id. Further, reference to "we", "us", "our" and
" A4Paper.in " shall mean VINDASHARI
DISTILLERS AND CHEMICALS and includes its
associates, affiliates and subsidiary (ies).
The use of the Website is offered to you conditioned upon Your 'Acceptance' of
all the terms, conditions and notices contained in this User Agreement. Upon
"Acceptance", this User Agreement shall be effective and binding upon
you along with any amendments made by VINDASHARI
DISTILLERS AND CHEMICALS at its sole discretion and posted on
the Website and you shall not claim invalidity of this User Agreement merely on
the grounds that this User Agreement is being documented and concluded
electronically. For the aforesaid purposes, 'Acceptance' shall mean Your
affirmative action by in clicking on the 'check box' and on the 'continue'
button' as provided on the registration page or clicking on 'Buy Now' button
while transacting as a Guest User or any act which reflects Your use of the
Website or the services provided by the Website or any such other actions that
imply Your acceptance to the present electronic document. You hereby further
agree that this User Agreement is being concluded and executed at Gurugram.
Your use of the Website implies that you agree with the terms of the User
Agreement. If you do not agree or are not willing to be bound by the terms and
conditions of this User Agreement and Rules and Policies as displayed on the
Website, you may choose to not click on the "check box " and/or on
the "continue" button and/or "Buy Now" button and not seek
to obtain access to or otherwise use the Website.
Amendments:
When you use any of the services provided by us
through the Website, including but not limited to Product Reviews, Seller
Reviews etc., you will be subject to the rules, guidelines, policies, terms,
and conditions applicable to such services, and they shall be deemed to be
incorporated into this User Agreement and shall be considered as part and
parcel of this User Agreement. We reserve the right, at our sole discretion, to
change, modify, add or remove portions of the User Agreement, at any time
without any prior written notice/intimation to you. It is Your responsibility
to review this User Agreement periodically for any updates / changes. Your
continued use of the Website following subsequent to the posting of
updates/changes shall mean that you accept and agree to the revisions. As long
as you comply with the provisions of this Agreement, we grant you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by
A4Paper.in Rules Policies and Policies Rules as provided from time to time in
the following hyperlinks:
1. A4Paper.in Policies & Rules.
2. A4Paper.in Privacy Policy.
1. Membership Eligibility
Use of the Website is available only to persons
who can perform legally binding contracts under 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 Website. If you are a minor i.e. under the age of 18
years, you shall not register as a member of the Website and shall not sell,
purchase or bid for any items on the Website except through Your legal guardian
or parents who have registered as users on the Website or can use the Website
as a Guest User. A4Paper.in reserves the right to terminate Your membership and
refuse to provide you with access to the Website if it is brought to our notice
or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business
entity, you represent that you are duly authorized to accept this User
Agreement and you have the authority to bind Your business/legal entity to this
User Agreement.
Guest User:If you are transacting as a Guest User, you shall not be
allowed to list/ sell products or services on Website and there could be
certain additional restrictions on you as a Guest User for Your purchase and
the other functionality of the Website available to you. As a Guest User, Buyer
will not be eligible for A4Paper Points and all other benefits that are not
assignable to a non-registered user.
2. Your Account and Registration Obligations
If you use the Website as a Registered User, you
are responsible for maintaining the confidentiality of Your User ID and
Password. If you use the Website as a Guest User, you are responsible for
maintaining the confidentiality of Your email ID and phone number and
restricting access to Your computer, computer system and computer network. You
are responsible for all activities that occur under Your User ID and Password
(if registered) or email ID and phone number (if Guest User) as the case may
be. Also as a Guest User, you shall ensure the physical security and possession
of Your device, the details of which are used to transact services with A4Paper.in.
You agree, inter alia, to:
i.
Provide true, accurate, current and complete information about yourself as
prompted by A4Paper.in’s registration form or provided by You as a Guest User
(such information being the "Registration Data")
ii.
You must include any of Your contact details such as email addresses etc.
in Your User ID while registering as a Registered User; and
iii.
Maintain and promptly update the Registration Data to keep it true,
accurate, current and complete at all times;
iv.
You must immediately notify us of any unauthorized use of Your password or
account or any other breach of security, and
v.
Ensure that You exit from Your account at the end of each session.
If You provide any information that is untrue, inaccurate, not current or
incomplete, or A4Paper.in has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the User Agreement. A4Paper.in has the right to indefinitely
suspend or terminate or block access of Your membership with the Website and
refuse to provide You with access to the Website A4Paper.in shall not be liable
for any loss or damage arising from Your failure to comply with this Clause 2.
3. Electronic Execution and Communications
When You use the Website or send emails or other
data, information or communication to A4Paper.in, You agree and understand that
You are communicating with A4Paper.in through electronic records. You consent
to receive communications from us electronically. For contractual purposes, You
consent to receive communications (including transactional, promotional and/or
commercial messages), from us with respect to your use of the Website and/or
your order placed on the Website. We will communicate with You by email or by
posting notices on the Website or through any other A4Paper services. You agree
that all the agreements, notices, disclosures and other communications that we
provide to You electronically shall be deemed to be an adequate service of
notice/electronic record and satisfy any legal requirement that such
communications be in writing.
4. Fees and Services
Membership on the Website is free. Being an
Intermediary under the Information Technology Act, A4Paper.in does not charge
any fee for browsing and buying on the Website. However, before You list an
item for sale through the Website, we request You to review our Fees and Credit
Policy, which is hereby incorporated by reference into this agreement. A4Paper.in
reserves the right to change its Service Fee and Credit policies from time to
time at its sole discretion including without limitation right to introduce
fees for the new services offered or amend/introduce fees for existing
services, as the case may be. Any modifications to the Fee and Credit policies
shall be posted on the Website and such changes shall become effective
immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees
and be payable to A4Paper Network Private Limited within such time as specified
in the invoice.
4.1. Taxes: You are responsible for paying all fees associated with the use of
the Website and You agree to bear all and any applicable taxes, charges, cesses
etc. levied thereon in accordance with the Law or Government Regulations for
the time being in force.
4.2. Non-payment: A4Paper.in reserves the right to issue a warning, temporarily
/indefinitely suspend or terminate Your membership of the Website and refuse to
provide You with access to all current and future use of the Website in case of
non-payment of fees by You to A4Paper.in. also reserves the right to take legal
action in case of non- payment of fees.
5. Use of the Website
5.1. You understand and agree that A4Paper and the Website merely provides
hosting services to its Registered Users and persons browsing / visiting the
Website. All items advertised / listed and the contents therein are advertised
and listed by Registered Users and are third party user generated contents. A4Paper.in
neither originates nor initiates the transmission nor selects the sender and
receiver of the transmission nor selects or modifies the information contained
in the transmission. A4Paper.in has no control over the third party user
generated contents and does not provide any guarantee with respect to any such
contents and A4Paper shall not be held
liable for any loss suffered by You based on Your reliance on or use of such
data/content.
5.2. You agree, undertake and confirm that Your use of the Website shall be
strictly governed by the following binding principles:
5.2.1. "Your Information” is defined as any information You provide to us
or other users of the Website ("Users") in the registration (as
Registered User or as Guest User), buying or listing process, in the feedback
area or through any e-mail feature. You are solely responsible for Your
Information and we act only as a passive conduit for Your online distribution and
publication of Your Information.
5.2.2. Your Information (or any items listed): Please note that in accordance
with the Information Technology (Intermediaries guidelines) Rules 2011, in case
of non-compliance with rules and regulations, user agreement and privacy
policy, for access or usage of intermediary computer resources, the
Intermediary has the right to immediately terminate the access or usage rights
of the users to the computer resources of Intermediary and remove non-compliant
information.
5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules,
2011, You agree and undertake that You shall not host, display, upload, modify,
publish, transmit, update or share any information or share/list(s) any
information or item that:
a.
belongs to another person and to which You do not have any right;
b.
is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever; or
unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
c.
harm minors in any way;
d.
infringes any patent, trademark, copyright or other proprietary rights
or third party's trade secrets or rights of publicity or privacy or is
fraudulent or involves the sale of counterfeit or stolen items;
e.
involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
f.
violates any law for the time being in force;
g.
deceives or misleads the addressee/ users about the origin of such messages
or communicates any information which is grossly offensive or menacing in
nature;
h.
impersonate another person/entity;
i.
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, cancel bots, 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;
j.
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.
k.
shall not be false, inaccurate or misleading;
l.
shall not, directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any item, 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. Without prejudice to the generality of
the above, A4Paper.in does not permit transactions in the following items
including but not limited to categories as stated in the Prohibited and
Restricted Items under General Policies and Rules which can be accessed at //A4Paper.in/policies-and-rules.
html 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
m.
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, The Indecent
Representation of Women (Prohibition) Act, 1986, Information Technology Act
2000 as amended from time to time and rules there under;
n.
are identical to other items You have up for auction but are priced
lower than Your item's price, the reserve price of the item or minimum bid
amount; are concurrently listed for sale on a Website other than the Website;
5.2.4. A4Paper.in shall have the right to use Your Information as provided by
You and such usage of Your information by us will not amount to violation of
any rights You might have in Your Information. You agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) You have in Your Information, in any
media now known or not currently known, with respect to Your Information. A4Paper.in
will only use Your Information in accordance with the User Agreement and A4Paper.in's
Privacy Policy.
5.2.5. You represent and confirm that You shall be the sole and exclusive legal
owner of all items, goods or products of any description that You wish to offer
for sale on the Website. You shall have absolute right, title and authority to
deal in and offer for sale such items, goods or products.
5.2.6. In the event that any transaction or attempted transaction relating to
any item, good or service which is in violation of this User Agreement or
applicable law comes to Your knowledge, You shall take all steps to inform A4Paper.in
of the same at info@a4paper.in.
5.2.7. You shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules made 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 Goods and Service Tax\, Income Tax, Octroi, Service Tax, Central Excise,
Custom Duty, Local Levies) regarding Your use of our service and Your bidding
on, 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 Website qualifies as an
"Antiquity" or "Art treasure" as defined in the Antiquities
and Art Treasures Act, 1972 ("Artwork"), You shall indicate that such
Artwork is "non-exportable" and sold subject to the provisions of
said Act, and shall ensure that it is not delivered to the Buyer (as defined
under the Buying section) at any place outside India.
5.2.8. You shall not, either alone or in conjunction with other Users,
manipulate or attempt to manipulate the prices of any item or services being
sold or purchased on the Website.
5.2.9. 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 correct and
accurate in all respects. You shall not exaggerate or over emphasize the
attributes of such items or services so as to mislead other Users in any
manner. It may be possible that other users (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials on the
Website and that You may be involuntarily exposed to such offensive and obscene
materials. It may also possible for others to obtain personal information about
You due to Your use of the Website, and that the recipient may use such
information to harass or injure You. We do not approve such unauthorized use,
but by using the Website, 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 Website. Please carefully select the type of information
that You publicly disclose or share with others on the Website.
5.2.10. You shall not attempt to or circumvent or manipulate our Fee structure,
the billing process or Fees owed to A4Paper.in as detailed and agreed in MOU
signed by Merchants/Sellers. 5.2.11 You agree that You or any of your
affiliates, Subsidiaries, associate partners to your knowledge, any of your
officers, directors or employees or vendors have not (i) made or offered to make
or receive any direct or indirect payments in violation of any applicable
Indian law including anti- bribery and anti- corruption laws and other laws
(for eg. U.S Foreign Corrupt Practices Act and the U.K Bribery Act 2010),
including any contribution, payment, commission, rebate, promotional allowance
or gift of funds, property or any other economic benefit in cash or kind or
thing of value to or from any employee, official or agent of any employee,
official or agent of any Governmental Authority where such an activity amounts
to be illegal and in violation of applicable laws. If You have reasonable
suspicion of the existence of such conduct, You shall immediately inform A4Paper of such knowledge and if requested
by A4Paper, provide to A4Paper such information it may reasonably
require regarding such conduct. A4Paper
shall also have the right to audit periodically merchant/sellers, if need be in
compliance of the above. A4Paper shall
upon knowledge of such activities have the right to suspend or terminate the
services without prior written notice should it become aware of a breach by the
User of the representation and warranty given hereinabove.
6. Platform for Communication
A4Paper.in's ROLE IS THAT OF AN INTERMEDIARY
IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO
ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL
THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER
INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE
BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A
BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL A4Paper' HAVE ANY OBLIGATIONS OR LIABILITIES
IN RESPECT OF SUCH CONTRACT NOR SHALL A4Paper.in HOLD ANY TITLE IN THE
PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTERESTs IN THE
PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
6.1. A4Paper.in does not control, endorse or accept responsibility for any
product (including but not limited to product catalogues) proposed to be sold
or offered to be sold or purchased on the website or any linked sites. A4Paper.in
makes no representations or warranties whatsoever about, and shall not be
liable for the Seller or any such third parties, their products including
representations relating to merchantability, fitness of a product or service
for a particular purpose, warranty as to specific products and non-infringement
of third party intellectual property rights. Any transactions that the Buyer
may have with such third parties are at Buyer's own risk. The products shall be
subject to Seller's terms and conditions for warranty, service and maintenance,
and A4Paper.in does not accept any responsibility for the same. A4Paper.in also
does not accept any responsibility for the usage of the products by the Buyer.
6.2 A4Paper.in specifically disclaims any liability with regard to any illegal,
infringing, fake, duplicate, spurious, defective or counterfeit, refurbished,
expired products purchased by the Buyer from the Seller and A4Paper.in shall
not assume any liability if the product purchased or availed by the Buyer from
the Seller is not exactly as per specifications detailed in the purchase
confirmation of the order.
6.3 All commercial / contractual terms are offered by and agreed to between
Buyers and Sellers alone. The commercial / contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date, period
and mode of delivery, warranties and after sales services related to goods and
services. A4Paper.in does not have any control or determines or advises or in
any way involves itself in the offering or acceptance of such commercial /
contractual terms between Buyers and Sellers.
6.4. A4Paper.in is not responsible for any non-performance or breach of any
contract entered into between Users (includes Registered User or Guest User). A4Paper.in
cannot and does not guarantee that the concerned Users will perform any
transaction concluded on the Website. A4Paper.in shall not and is not required
to mediate or resolve any dispute or disagreement between Users.
6.5. A4Paper.in does not make any representation or warranty as to the
attributes (such as legal title, creditworthiness, identity, etc.) of any of its
Users. You are advised to independently verify the bona fides of any particular
User that You choose to deal with on the Website and use Your best judgment in
that respect.
6.6 A4Paper.in does not warrant that the sale price provided by the Seller of the
product is accurate, proper and valid. Any error in the sale price shall be
solely attributed to the Seller and not to A4Paper.in. Prices, Product
description and availability of the Product are Seller's responsibility..
6.7. A4Paper.in does not at any point of time during any transaction between
the Buyer and the Seller on the Website come into or takes of any of the goods
or services offered by Seller nor does it at any point gain title to or have
any rights or claims over the goods or services offered by the Seller to the
Buyer. A4Paper may provide fulfillment
and logistics services to certain merchants/Sellers but still does not take
possession or title of any product or service sold.
6.8 Buyer expressly acknowledges that the Seller selling the defective Product
will be responsible to the Buyer for any claims that the Buyer may have in
relation to such defective Product and A4Paper.in shall not in any manner be
held liable for the same.
6.6. The Website is only a venue through which Users can reach a larger base to
buy and sell items or services. A4Paper.in is only providing a platform for
communication and it is agreed that the contract for sale of any of the
products or services shall be a strictly bipartite contract between the Seller
and the Buyer. At no time shall any right, title or interest over the items
vest with A4Paper.in nor shall A4Paper.in have any obligations or liabilities
in respect of such contract for sale. A4Paper.in is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of items, which are out of stock, back ordered or otherwise unavailable.
All items are offered only for a restricted time and only for the available supply
as offered by the Sellers.
6.7. At no time shall any right, title or interest over the items vest with A4Paper.in
nor shall A4Paper.in have any obligations or liabilities in respect of such
contract. A4Paper.in is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of items which are out
of stock, back ordered or otherwise unavailable.
6.8. You shall independently agree upon the manner and terms and conditions of
delivery, payment, insurance etc. with the other Users that You transact with.
6.9. You release and indemnify A4Paper.in and/or any of its shareholders,
directors, officers, affiliates, employees and representatives from any cost,
damage, liability or other consequence of any of the actions of the Users of
the Website and specifically waive any claims that You may have in this behalf
under any applicable law. Notwithstanding its reasonable efforts in that
behalf, A4Paper.in cannot control the information provided by other Users which
is made available on the Website. You may find other User's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution and practice
safe trading when using the Website. Please note that there may be risks in
dealing with foreign nationals, underage persons or people acting under false
pretense.
Disclaimer: You acknowledge and undertake that You are accessing
the services on the Website and transacting at Your own risk and are using Your
best and prudent judgment before entering into any transactions through the
Website. We shall neither be liable nor responsible for any actions or
inactions of Sellers nor any breach of conditions, representations or
warranties by the Sellers or manufacturers of the products and hereby expressly
disclaim any and all responsibility and liability in that regard.
7. Privacy
We do not sell or rent Your personal information
to third parties for their marketing purposes without Your explicit consent, we
only use Your information as described in the Privacy Policy. We view
protection of users privacy as a very important community principle. We
understand clearly that You and Your Personal Information is one of our most
important assets. We store and process Your Information on computers located in
the United States and Asia Pacific at some of the best data centers in the
world that are protected by physical as well as reasonable technological
security measures and procedures in accordance with the Information Technology
Act 2000 and rules there under. Our current Privacy Policy is available at
……………………………………………………If You object to Your Information being transferred or used
in this way, please do not use the Website.
We may share personal information with our other corporate entities and
affiliates. These entities and affiliates may market to You as a result of such
sharing of information, unless You explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be
required by us to provide You with the access to our Services, to comply with
our legal obligations, to enforce our User Agreement, to facilitate our
marketing and advertising activities, or to prevent, detect, mitigate, and
investigate fraudulent or illegal activities related to our Services. We do not
disclose Your personal information to third parties for their marketing and
advertising purposes without Your explicit consent.
We may disclose personal information if required to do so under the law or in
good faith belief that such disclosure is reasonably necessary to respond to
subpoenas, court orders, or other legal process. We may disclose personal
information to law enforcement offices, third party rights owners, or others in
good faith belief that such disclosure is reasonably necessary to: enforce our
Terms or Privacy Policy; respond to claims that an advertisement, posting or
other content violates the rights of a third party; or protect the rights,
property or personal safety of our users or the general public.
We and our affiliates will share some or all of Your personal information with
another business entity we (or our assets) plan to merge with, or be acquired
by that business entity, or re-organization, amalgamation, restructuring of the
business. Should such a transaction occur that other business entity (or the new
combined entity) will be required to follow this privacy policy with respect to
Your personal information.
Your Consent: By using the Site and/ or by providing Your Information, You
consent to the collection and use of the information You disclose on the Site
by A4Paper.in in accordance with A4Paper.in Privacy Policy. You agree and
acknowledge that You have read and fully understood the Privacy Policy and the
terms and contents of such Privacy Policy as mentioned in the Website is
acceptable by You.
8. Breach
Without limiting other remedies, A4Paper.in may
limit Your activity, immediately remove Your information or end Your listing,
warn other Users of Your actions, temporarily/indefinitely suspend or terminate
or block Your membership, and/or refuse to provide You with the access to the
Website in the event, but not limited to:
If You breach the User Agreement or Privacy Policy or the documents, agreements
rules, policies, terms and conditions as incorporated herein by reference;
a.
If A4Paper.in is unable to verify or authenticate any information provided
by You; or
b.
If it is believed that Your actions may cause legal liability for other
Users or A4Paper.in. We may at any time at our sole discretion reinstate
suspended Users. A User that has been suspended or blocked may not register or
attempt to register with A4Paper.in or use the Website in any manner whatsoever
until such time that such User is reinstated by A4Paper.in. Notwithstanding the
foregoing, if You breach the User Agreement or any other documents it
incorporates by reference, A4Paper.in reserves the right to recover any amounts
due and owing by You to A4Paper.in and to 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.
9. Buying
All purchases on the Website are a firm
commitment to purchase. If You are the purchaser for any item, You are
obligated to complete the transaction with the Seller.
By purchasing on an item You agree to be bound by the conditions of sale
included in the item's description (or linked to from the description) so long
as those conditions of sale are not in violation of the User Agreement or are
unlawful. In case of consumer goods, the Sellers on the Website may or may not
specify the retail prices of the items being sold. You are advised to
independently verify the retail prices of such items if You so desire.
A4Paper.in strongly advises You not to test the Website with false purchases,
as it will put You at substantial personal legal risk. It is an offence to use
a false name, other false personal information or a known invalid/ unauthorized
credit/ debit/ cash card and such other infrastructure directly through Bank or
financial institution infrastructure or indirectly through Payment Aggregator.
Willfully entering erroneous or fictitious bids may result in prosecution by A4Paper.in.
Please note that in the event any inaccurate information is provided by You
regarding Your identity, Your Web browser transmits a unique address to us,
which can be used by law enforcement officials to identify You. If You are a
registered Buyer on the Website we encourage You to post feedback for the
Seller after the transaction is closed.
In case of purchase of an Artwork which is marked as "non-exportable"
on the Website or it is illegal to export the same, You agree that the Artwork
shall not be exported out of India or otherwise dealt in any such manner which
shall be in contravention of any law for the time being in force or any rules,
regulations, notifications and orders passed there under.
10. Fulfillments and Shipping
A4Paper.in from time to time may offer certain
fulfillment services to Sellers, however, Sellers remain responsible for the
overall shipping quality, delivery, and cost of shipping. A4Paper.in may
provide pick-up and delivery services to Sellers but all of these services are
provided as contract or outsourced services on behalf of the merchants. At no
time, A4Paper.in takes title or ownership of any product or inventory.
You may return the product purchased by You in
accordance with our Return Policy as mentioned on our website. You hereby agree
that the refund for the returns made by You shall be provided by us as Store
Credit in the form of A4Paper Points You can use these A4Paper Points to
purchase anything on or can even have
them credited back to you. A4 Paper shall on request, be credited back to your
original mode of payment and in case of Cash on Delivery (COD) payment, amount
shall be transferred in your Bank Account, the details of which shall be taken
during the refund process. In case of payments made through any of the wallet
payment gateways like Paytm, Mobikwik etc, the A4Paper will be credited to the
original mode of payment. For further assistance on terms and conditions of A4Paper,
please visit at https://a4paper.in/
11. Buyer Protection at A4Paper.in
does not
permit the merchants to sell duplicate, spurious, knock-offs or grey channel
items. Merchant guarantees to sell only genuine products to customers through A4Paper.in.
All Merchants listing their products on A4Paper.in are required to enter into
an agreement to list and sell only genuine products. We also encourage the
merchants to extend all the warranties, guarantees as entailed in the product
by the Merchant/Seller to You, all this at a great price and with the best
customer services in the industry. It is however clarified that the seeks to ensure the aforesaid only on a best
endeavor basis and does not assure or provide any personal warranties or
assumes and liability or responsibility pertaining to the genuinity and
authenticity of the products and/or the Seller, for which the Seller shall be
solely responsible and liable.
If A4Paper.in gains suspicion or knowledge, that any of its members are
involved in any activity that is intended to provide claims or information that
is false, misleading or not genuine, then A4Paper.in may while reserving its
rights to initiate civil and/or criminal proceedings against member may also at
its sole discretion suspend, block, restrict, cancel the user id of Registered
User and such necessary action against the Guest User of such member and/or
disqualify that member and any related members from availing protection through
this program.
A4Paper.in reserves its right to initiate civil and/or criminal proceedings
against a user who, files an invalid and/or false claim or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, A4Paper.in may at its sole discretion suspend, block, restrict,
cancel the User ID [and its related user ids] of such user and/or disqualify
that member and any related members from availing protection through this
program.
Any person who, knowingly and with an intent to injure, defraud or deceive,
files a Fraudulent Complaint containing false, incomplete, or misleading
information shall be guilty of a criminal offence and will be prosecuted to the
fullest extent under the law.
12. Selling/Advertising
As a registered member, You may list item/s for
sale/advertising on the Website in accordance with the Listing Policies more
fully detailed at A4Paper.in under General Policies and Rules//a4paper.in/policies-and-rules.html
which Policy is incorporated by way of reference in this Agreement. You
represent that You are legally allowed to sell/advertise the item(s) You list
for sale/advertising on A4Paper.in. You further agree to ensure that the
products sold/advertised by You through A4Paper.in are genuine and are not
counterfeit or stolen/ spurious /grey channel or knock off items. You further
agree to ensure that the items/products listed by You on A4Paper.in do not
infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that "Listings" may include text
descriptions, graphics and pictures that describe Your item for sale. You shall
be deemed to be infringing the intellectual property rights of a third party if
You are (i) affixing a registered trademark (or an identical or similar
trademark likely to confuse the public to have an association with the
registered trademark) of such third party to Your goods or its packaging; (ii)
offering or putting for sale or stocking the goods under the said trademark; or
(iii) using the said trademark in advertising Your product.
You acknowledge that if any genuine claim is received by A4Paper.in from any
person through the Report Abuse section of A4Paper.in (terms of which are
incorporated herein by reference), A4Paper.in may in its sole discretion block
Your merchant/user account and/or remove the products listed by You on A4Paper.in,
without any prior notice to You. A4Paper.in would however provide You a post
facto intimation regarding the same. You agree that You shall have no claim
whatsoever against A4Paper.in in this regard and the decision of A4Paper.in, as
aforesaid shall be binding on You.
You further agree to ensure that the listing description of the item must not
be misleading and must describe actual present condition of the product. All
listed items must be listed in an appropriate category on the Website. All
listed items must be kept in stock for successful fulfilment of sales. If the
item description does not match the actual condition of the item, You agree to
replace the product delivered to the Buyer with the correct product and/or
refund any amounts that You may have received from the Buyer within 10 days of
receipt of intimation from us in this regard. You agree not to list a single
product in multiple quantities across various categories on the Website. A4Paper.in
reserves the right to delete such multiple listings of the same product listed
by You in various categories.
13. Payments
A4Paper.in uses third party payment providers to
receive payments from the Buyers on Seller's behalf. A4Paper.in is not
responsible for delays or erroneous transaction execution or cancellation of orders
due to payment issues. A4Paper.in takes utmost care to work with 3rd party
payment providers, but does not control their systems, processes, technology
and work flows, hence cannot be held responsible for any fault at the end of
payment providers. Further, A4Paper.in does not release the payment to Sellers
until the order has been received by the Buyers and they are satisfied with it.
A4Paper.in shall only make payments to the Sellers subject to realisation of
payment received from the Buyer to A4Paper.in. The Seller payment is typically
net of the service fee charged by A4Paper.in for its services and after
deduction of applicable withholding taxes (if any).
14. Feedback
We encourage Registered Buyers on the Website to
provide feedback to the Sellers after the transaction has been closed, this
helps other Users to know the performance level of the said Merchant/Seller.
Please remember that You cannot retract the feedback once You have provided it.
Further You agree that the feedback You provide to the Website shall be deemed
to be non- confidential and will be displayed along with Your user ID. A4Paper.in
will not be responsible for the feedback that You post on the Website and You
should be careful in making comments that are not factual in nature and should
not post defamatory or illegal or offensive/obscene contents, for which You
shall alone be liable.
You may not take any actions that may undermine the integrity of the feedback
system. If You continue to receive negative feedback ratings, A4Paper.in
reserves the right to suspend Your membership, and You will be unable to list,
buy or bid on the Website. You agree that Your feedback shall not contain
confidential or proprietary information of You or of third parties.
Export - As feedback ratings are not designed for any purpose other
than for facilitating trading between the Users, You agree that You shall not
market or export Your Website feedback rating in any venue other than on the
Website.
Import - We do not provide the technical ability to allow You to
import feedback from other websites to A4Paper.in because a composite number,
without the corresponding feedback does not reflect Your true online reputation
within our community.
15. No Warranty
THE WEBSITE, SERVICES, CONTENT, USER CONTENT
AND ANY THIRD PARTY CONTENT ARE PROVIDED BY A4Paper.in ON AN "AS IS"
BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, A4Paper.in
MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR
REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III)
THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT
(IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A4Paper.in
OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A4Paper.in WILL HAVE NO
LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER
INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER
LAWS. A4Paper.in ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS,
MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY
CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW A4Paper.in WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS
A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN
CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR
KNOWLEDGE. A4Paper.in HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE
WEBSITE IS CORRECT, BUT A4Paper.in NEITHER WARRANTS NOR MAKES ANY
REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA,
INFORMATION, PRODUCT OR SERVICE. A4Paper.in SHALL NOT BE RESPONSIBLE FOR THE
DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION
OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, A4Paper.in SHALL NOT
BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC
MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE
THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND A4Paper.in 'S
CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN
DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR
COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA. A4Paper.in IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR
LEADING TO AN INVALID COUPON. A4Paper.in ACCEPTS NO LIABILITY FOR ANY ERRORS OR
OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF
ITSELF OR THIRD PARTIES.
16. Limitation of Liability
n no event shall A4Paper.in or its suppliers,
affiliates, service providers and their respective officers, directors,
employees, partner be liable for any direct, indirect, incidental, special,
incidental, consequential , exemplary or punitive damages whatsoever, including
but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses or based on any theory of liability including breach of
contract or warranty, negligence or other tortious action or any other claim
arising out of or in connection with Your use of or access to the Website, its
services ,content or this agreement (however arising, including negligence).
A4Paper.in's entire and aggregate liability in any circumstance including these
terms and conditions shall not exceed the greater of Indian Rupees One Hundred
(INR 100) or the amount of fees, if any, paid by You to A4Paper.in under the
relevant order to which the cause of action for the liability related. A4Paper.in,
its associates, affiliates and service providers and technology partners make
no representations or Warranties about the accuracy, reliability, completeness,
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,
A4Paper.in assumes no liability whatsoever for any monetary or other damage
suffered by You on account of:
a.
Delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Website;
b.
Any interruption or errors in the operation of the Website.
17. Indemnity
You agree to indemnify
and hold harmless A4Paper.in and (as applicable) A4Paper.in's parent,
subsidiaries, affiliates, third-parties and their respective shareholders,
officers, directors, agents, and employees, from any losses, liabilities,
damages, costs and expenses, claims or demand, or actions including reasonable
attorneys' fees asserted against or incurred by A4Paper.in, made by any third
party arising out of Your breach or non-performance of terms of the User
Agreement, A4Paper.in Rules and Policies, or the documents they incorporate by
reference, or Your violation of any law, rules or regulations or the rights of
a third party.
may notify You of any claims which You
shall be liable to indemnify A4Paper.in against. You will then be required to
consult with A4Paper.in regarding the course of action to be undertaken in
defending such a claim. Further, You shall not compromise or settle any claim
or admit any liability or wrongdoing on the part of A4Paper.in without the
express prior written consent of A4Paper.in which can be withheld or denied or
conditioned by A4Paper.in in its sole discretion.
18. General
18.1. None of the
provisions of the User Agreement shall be deemed to constitute a partnership or
agency between You and A4Paper.in and You shall have no authority to bind A4Paper.in
in any manner whatsoever.
18.2. Notices: Except as
explicitly stated otherwise, any notices shall be given by postal mail on
behalf of A4Paper.in to Attn: Legal Department, at A4Paper A4Paper corporate
office situated at Plot no. 112, Sector 44, Gurgaon -122003, (in the case of A4Paper.in)
or to the email address You provide to us during the registration process (in
Your case). Notice shall be deemed given 24 hours after the email is sent,
unless the sending party is notified that the email address is invalid.
Alternatively, we may give You notice by certified mail, postage prepaid and
return receipt requested, to the address provided to us during the registration
process. In such case, notice shall be deemed given 3 days after the date of
mailing.
18.3. Severability: If
any clause of the User Agreement shall be deemed invalid, void or for any
reason unenforceable, such clause shall be deemed severable and shall not
affect the validity and enforceability of the remaining clauses of the User
Agreement.
18.4. Entire Agreement:
This Agreement sets forth the entire understanding and agreement between You
and A4Paper.in with respect to the subject matter hereof.
18.5. Assignment:
Assignment: You cannot assign or otherwise transfer this User Agreement, or any
rights granted hereunder to any third party. A4Paper.in may transfer its rights
and obligations (also known as "assign") under this Agreement without
Your prior express consent, provided that A4Paper.in assigns the Agreement on
the same terms or terms that are no less advantageous to You.
18.6. Dispute Resolutions: Generally, transactions are conducted smoothly on A4Paper.in.
However there may be some cases where both the Buyers and Sellers may face
issues. At A4Paper.in, we have a Dispute Resolution process in order to resolve
disputes between Buyers and Sellers.
A 'Dispute' can be
defined as a disagreement between a Buyer and a Seller in connection with a
transaction on the Website. Disputes arise out of an issue that is raised by
either party not being completely satisfied with the resolution of their
complaint/issue.
It is important that
before a Buyer/Seller raises a dispute, they should attempt to resolve the
issue amicably between each other. Please note that whenever a Buyer raises a
dispute, the Seller's payment for that order is put on hold immediately until
the issue is resolved.
How is a 'dispute'
resolved? Whenever there is a disagreement relating to any transaction, the users
can write to grievance@a4paper.in in order to raise
a dispute. Once a dispute is raised by either party, A4Paper.in shall try to
mediate and the resolve the matter amicably.