Termini e condizioni del servizio
Domain : www.HabereIndia.com with its site and mobile application (including the seller portal https://www.habereindia.in/sellers/register, hereinafter referred to as “Platform”) is owned and operated by Krishna Enterprises (hereinafter referred to as 'HabereIndia'), a proprietor firm incorporated with its registered office at House# 46, B Block South City 2, Gurgaon Haryana - 122018, Haryana, India (hereinafter referred to as "HabereIndia").
The use of the website/ application/ Platform and the features therein by any seller/user is governed by the mentioned ToU. Seller will also be required to comply with all applicable policies (on the Platform), notifications & communications sent to him on the Platform.
If any user transacts on the Platform, he shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform the seller will be contracting with HabereIndia, and these terms and conditions including the policies constitute their binding obligations to HabereIndia.
HabereIndia will always have a right to change, add, or remove any portion of ToU or any other policy at its sole discretion. In a scenario where any change or update is materially impacting seller, HabereIndia will notify all sellers via any mode of communication specified in ToU. The continued use by a seller of the Platform post changes are communicated will mean a deemed acceptance of all changes. All the sellers will be granted a non-exclusive, non-transferable, and limited privilege to enter and use the Platform subject to compliance with ToU.
Accessing, browsing, or otherwise using the platform indicates seller’s agreement with all ToU requirements.
Please read the ToU carefully before proceeding. By impliedly or expressly accepting the ToU, the seller also accepts and agree to be bound by all of HabereIndia’s policies applicable to sellers, as amended, from time to time.
Account and Registration Obligations: By the way of registering with HabereIndia to use the platform, the registered user agrees to provide the requested information to HabereIndia as and when requested. It is expected of the user to provide only true, accurate, current and complete details in accordance with the ToU. Also, the user shall be responsible to ensure that the display name, login & password and other details shared with HabereIndia should remain confidential at all times.
In an event where HabereIndia suspect (with reasonable basis) or find that the details provided by the user were not as per above requirement, HabereIndia shall have the right to suspend/ terminate/ block the user account from its platform.
Eligibility for selling with HabereIndia: Persons who are of major age and are eligible to enter into the legally binding contract (as per Indian Contract Act, 1872) are only authorized to at HabereIndia website. All others (such as minors, insolvents) cannot deal with HabereIndia in order to make transactions with HabereIndia – e.g. impanel as a vendor/ use the platform. In case of any non-compliance to the above requirements, HabereIndia reserve a right to terminate the registration of the respective user.
In case, the UserID is created on behalf of any business entity, the person registering the UserID will have to demonstrate that he is duly authorized by the entity to accept the ToU on its behalf and the entity shall be binding for whatever he has agreed with HabereIndia.
Communications: When the user avail our services, or send us e-mail/ message, or any other communication from his laptop/ mobile/ desktop, the user provides us consent to receive communication from us in any electronically way (e.g. e-mail, text, mobile push notice, notice / message on our site or through any other mode).
Thus, the user agrees that all documents - agreement, notice, disclosure, and other communication that we provide electronically will satisfy any legal requirement for such communications be in writing.
Platform for Transaction and Communication: The Platform here refers to the platform (mobile application & website) that users (including sellers, buyers, and intermediary) would utilize to independently meet and interact with one another for their transactions. It is to be noted that HabereIndia shall not be a party to any such transaction or dispute between users on the Platform.
- Terms to any transaction with respect to all commercial/contractual terms (e.g. price, shipping, payment terms, delivery, warranties & after-sales services) are agreed between seller & buyers alone. HabereIndia does not influence/ determine, recommend, have any control, in the offering or acceptance of such commercial/contractual terms.
- HabereIndia do not support or endorse the sale or purchase of any products on platform and will not be responsible for representations or warranties made for specification - quality, value, saleability of the product and legal title, creditworthiness, identity of any buyer, etc. proposed to be sold, offered to be sold on the Platform. Thus, we accept no liability for any incorrect details or omissions by third parties in relation to the products/services bought from HabereIndia platform. Seller and Buyer themselves need to independently verify the bona fides of any details.
- There is no responsibility of HabereIndia for any non-performance or breach on the part of seller/ buyer in a transaction. In any way, HabereIndia does not guarantee that concerned seller and buyer will surely perform a transaction that is concluded on our Platform. It shall not be a responsibility of HabereIndia to resolve any dispute or disagreement between buyer and seller.
- As a process, HabereIndia will not take possession of any products/ services, gain title to or have any rights or claims at any point during a transaction take place between seller and buyer. Thus, at no time during the transaction, HabereIndia will hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract.
- HabereIndia will not be responsible for any unsatisfactory or delayed performance, damages or delay as a result of items which were out of stock, unavailable, or back-ordered.
- HabereIndia is only offering a Platform for communication to the seller to reach out to a larger customer base for their items or services. It is agreed that the sale contract for any products or services shall be a strictly bipartite contract between seller and buyer.
- Seller release & indemnify HabereIndia and its officers & representatives from any liability including cost, damage, or any other consequence of any action of the users on the Platform. Seller is specifically waiving any claims that seller may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, HabereIndia cannot control the information provided by other users which are made available on the Platform. Seller may find other user's information to be offensive, harmful, inaccurate or deceptive. Please practice safe trading when using the Platform and use caution. Please note that there may be risks in dealing with people acting under false pretense.or with underage persons.
Use of the Platform: It is agreed between all users and HabereIndia that the Platform offered by HabereIndia of only for providing hosting services to the users. All the items which are advertised/listed here and the contents therein are advertised and listed by registered users and are third party user generated contents.
HabereIndia shall have no responsibility or liability arising out of third-party user (buyer as well as a seller) generated content. HabereIndia only acts as an intermediary and does not interfere in the transaction between buyers and sellers.
Further, the seller agrees and confirm that his use of the Platform shall be strictly governed by the below principles:
- With respect to information published (including hosting, display, uploading, modify, publishing, transmitting, Updation or sharing) by the seller, the following information should not be shared:
- Information that belongs to any other person
- Information over which seller do not have right
- Information that is harmful, harassing, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or unlawfully threatening or harassing, otherwise unlawful in any manner but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Information which is false, inaccurate or misleading
- Information that 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
- Information that may harass or advocate harassment of another person
- The transmission of ‘chain letters’, junk mail’, unsolicited mass mailing, or spamming;
- Information that promotes illegal activity/conduct that is abusive, threatening, obscene or defamatory
- Information that infringes upon or violates any third party's rights [including IPP rights, rights of privacy or rights of publicity]
- Information that promotes an illegal or unauthorized copy of another person's copyrighted work 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
- Information that contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages
- Information that provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
- Information that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses
- Information that contains unauthorized videos, photographs or images of another person;
- 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;
- Information that may engage in commercial activities and/or sales such as contests, sweepstake, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
Throughout the ToU, HabereIndia’s prior written consent means a communication coming from HabereIndia’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
- Information that may solicit gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal
- Information that may interfere with another’s use and enjoyment of the Platform
- Information that refers to any website/URL which, at our sole discretion, contain material that is inappropriate for the Platform or any other website and content that is prohibited or violate the letter and spirit of ToU
- Information that may harm minors in any way
- Information that may infringe any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involve the sale of counterfeit or stolen items
- Information that may violate any law for the time being in force
- Information that may deceive or mislead the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature
- Information that another person
- Information that contain software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contain any trojan horses, worms, cancelbots, time bombs, 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
- Information that 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 offense or is insulting any other nation or prevents investigation of any offense
- Information that shall, directly or indirectly, offer or attempt to offer a trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable rule, regulation, law or guideline for the time being in force
- ab) Information that may create liability for HabereIndia or cause HabereIndia to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
- Seller should 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. If noted anytime, HabereIndia can bar any such activity.
- The seller is not allowed to attempt or gain unauthorized access to the Platform (any portion/ feature), its systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform ‘mining’, hacking or any other illegitimate means.
- In no way, the seller will attempt to/ will probe, scan or test the vulnerability of HabereIndia Platform or any network connected to the Platform. The Seller will also not breach the security, authentication measures on the Platform or any network connected to the Platform.
The Seller 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 the seller) 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.
- The Seller agrees not to make any negative, denigrating, or defamatory statement(s)/comment(s) about HabereIndia, the brand name or domain name used by us. The same shall also include the terms HabereIndia.in, HabereIndia.com or otherwise engage in any conduct or action that might tarnish the image or reputation of HabereIndia or sellers on the platform or otherwise tarnish or dilute any HabereIndia 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.
Seller agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our platform, system, network, or any systems or networks connected to HabereIndia.
- Seller agrees not to use any device/ software or routine to interfere or attempt to interfere with any transaction being conducted on the Platform or any other person’s use of the Platform or proper working of the Platform.
- The seller shall in no way pretend that he is or represent someone else or impersonate any other individual or entity. He should not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal he has sent to HabereIndia on or through the website, or any service offered on or through the Platform.
- A seller, in no way, should 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 HabereIndia and/or others.
- The compliance to the below regulatory requirement shall be the sole responsibility of the sellers:
- Applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time
- Applicable domestic rules, regulation, and laws (including the provisions of any applicable Exchange Control Laws or Regulations in force)
- Foreign Exchange Laws, International Laws, Statutes, and Ordinances
- Central Goods and Services Tax Act, Integrated Goods and Services Tax Act
- Relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Customs Duty, Local Levies as may be applicable)
- Obtain the necessary licenses and permits for use of the Platform, providing of goods and service and/or tools.
- if any of seller’s items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), then he shall indicate that such Artwork is "non-exportable" and is sold subject to the rules of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
Further, the seller 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 order that HabereIndia is able to use the information seller has provided and so that we do not violate any rights, seller agree to grant HabereIndia a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through ) right to exercise the copyright, publicity or database rights or any other rights that the seller may have in his information for any current or future promotional or advertising related activities and any business purposes of HabereIndia.
- HabereIndia can anytime ask a seller to provide information relating to the items or services proposed to be sold by him. In this connection, seller undertakes that he will only provide accurate information in all respects and in no way, he will exaggerate or overemphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
- By any manner, the seller will not get engaged in advertisement 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.
The Seller should also not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of 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 the seller.
The seller also needs to understand that HabereIndia will always have the right to disclose any information (including the identity of the persons who have provided information or material) as necessary to satisfy any valid governmental request, regulation, or law. This may include, without limitation, the 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, HabereIndia can also disclose any information about the seller to law enforcement or other government officials as HabereIndia deem necessary or appropriate in connection with the resolution and/or investigation of possible crimes, especially those crimes which involve an injury.
We reserve the right, but have no obligation, to monitor the material posted on the Platform. HabereIndia 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, seller remains solely responsible for the content of the material that he posts on the website and his independent communication with the buyers and other sellers, regardless of form.
Please be advised that such content posted does not reflect HabereIndia’s views. In no event shall HabereIndia 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 warrant and represent 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, tortious, or otherwise unlawful information.
- HabereIndia is not responsible for any loss or damage of any sort incurred as a result of dealings or presence of advertisers on the Platform due to their business dealings with seller or participation of seller 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).
- If in any event, any other user (including unauthorized persons/hackers) post or transmit offensive or obscene material on the Platform and that seller may be involuntarily exposed to such material. It can also happen that any other user gets your personal information due to your use of the Platform and use such information to harass or injure you.
HabereIndia does not approve of any such unauthorized uses but by using the Platform, seller acknowledges and agree that HabereIndia is not responsible for the use of any personal information that seller has publicly disclosed or share with others on the Platform.
Note: Please be careful while selecting the type of information that you may want to publicly disclose or share with others.
- If noted that the seller on his own or through a group of people, intentionally or unintentionally, was involved in Denial of Service (DoS) / Distributed Denial of Services (DDoS), HabereIndia can take necessary action and recover damages that may have occurred due to above-highlighted involvement.
Selling: Being a seller registered with HabereIndia, the seller shall be responsible to comply with all policies which are incorporated by way of reference in this ToU, during the listing of the products. A seller must have all the necessary licenses and permits required for making the sale and must ensure that all the items listed by seller do not infringe upon the trade secret, intellectual property or other proprietary rights or rights of publicity or privacy rights of third parties. Additional points to be factored in are as below:
- The listing description of any item should not be misleading and should only describe the actual product condition. If by any chance, the item description does not match with the actual product condition, the seller agrees to refund amount that seller would have received from the buyer.
Listings may only include text descriptions, graphics, pictures or videos that describe the item for sale.
- All products must be listed in an appropriate category on the Platform.
- All listed products must be kept in stock for successful fulfillment of sales.
- Seller will not list a single product in multiple quantities across various categories on the Platform.
- Seller shall adhere to the minimum balance shelf life norms for Food and Nutrition category.
HabereIndia reserves the right to delete such multiple listings of the same product listed by a seller in various categories.
Regulatory compliance on goods/services sales: It is the responsibility of seller to ensure compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (GST) and State Goods and Services Tax (SGST) in respect of the goods/services supplied by seller through HabereIndia platform. It is the sole responsibility of the seller to charge appropriate GST on the supplies effected and remittance of the same to the Government. HabereIndia shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the Tax Collection at Source (TCS) provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on the 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, the seller shall be required to provide all relevant information to HabereIndia 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.
Seller shall be required to provide the corresponding HSN code for every product listing. In the event, that seller does not provide the HSN code, that particular product will be delisted from our platform.
Seller will also be required to provide your GSTIN, without which HabereIndia will not be able to raise an invoice on a seller. In the event that seller does not provide GSTIN number, the transaction on his account will be blocked and orders will not be processed on his account.
In the event of the seller providing his Input Service Distributor Registration Number, HabereIndia would be issuing an invoice to the ISD GST registration number as furnished by seller. It is the responsibility of the seller to undertake the necessary compliance required in respect of the said ISD registration number.
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 HabereIndia has no responsibility or liability over such third-party generated Content as HabereIndia 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 HabereIndia’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 warranties or representations relating to the Content.
Limited License: Seller registering with HabereIndia would be granted a license to use which shall be limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal. The seller is required to use the license "Powered by HabereIndia" and/or “HabereIndia.com” name and/or logo on all seller’s invoice and packaging material for transactions concluded on the Platform.
Payment: Requirement is as follows:
- Any transactions between the seller and user (including transaction price and other commercial terms - delivery, dispatch) will be a principal to principal bipartite contractual obligations. Payment facility provided by HabereIndia shall merely be facility to buyer and seller to complete the transaction and use of this facility will not make HabereIndia liable for any –delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the transactions happened on the Platform.
- HabereIndia & its service providers are authorized by its sellers for collection, processing, facilitating, and remitting payments (including transaction price) electronically or through cash on delivery (CoD) to and from buyers for transactions that have happened on the platform.
In all such scenarios, the relationship between HabereIndia and Seller will be of a principal to principal and by the way of accepting ToU (detailed in this document and other policies), the seller has agreed that HabereIndia will be an independent contractor for all such purposes and will not have any liability for the products or services that are listed on the Platform and paid for by using our payment facility.
Note: We do not guarantee the identity of any User nor does we guarantee that a buyer or a seller will complete a transaction.
- By the way of using this platform, it is a deemed acceptance from seller that he understand, accept, and agree that our payment facility is neither a banking nor a financial service, but is only a facilitation service provided by us 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.
Note: By providing the payment facility, we are neither acting as a trustee fiduciary with respect to any transaction.
It is on our discretion to provide cash on delivery (COD) option on the product or category. Thus, there is a possibility of not having COD option available on few products/ categories.
- All the online bank transfers made from valid bank accounts are processed by using the gateway provided by the respective issuing bank that supports payment facilities to provide the online payment service to the users. All such transactions are governed by the terms and conditions agreed betw2een a seller-buyer and the respective issuing bank.
Dispatch of products and/or services
- It is the responsibility of the seller to dispatch all products/services to a buyer within the time period specified in TOU. Further, the responsibility wrt transit insurance shall also be of the seller. For the avoidance of doubt, HabereIndia will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform
- It is the responsibility of the seller to provide dispatch and after-sales details on the Platform to HabereIndia in such a manner and within a time period as provided in the policies, failing which the transaction shall stand canceled.
- All the dispatches for products/ services should only be made by an approved delivery channel which provides appropriate documentation for ‘proof of dispatch’ & ‘proof of delivery’.
The seller is required to retain all documentation relating to delivery for a period of 3 years from dispatch date and should furnish the documentation to HabereIndia on demand within the time frame as notified to them from time to time.
- It is the responsibility of the seller to ensure that the dispatch details will be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
- In the absence of adequate dispatch details (required as per policies) being furnished by a seller, the same shall result in consequences stated in TOU. We may also suspend/ terminate the seller account.
- HabereIndia will disburse the transaction value to the seller’s bank account subject to the following events:
- a) Confirmation from the buyer of delivery of products/services in the transaction;
- b) No action is taken by a buyer on payment facility to confirm delivery within such a time period as agreed as per policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
- c) Rejection of refund claim of the buyer by HabereIndia due to a breach of any clause agreed in ToU/ policies or any applicable law
The remittance to seller shall be made in accordance with RBI Intermediary Guidelines, post completion of the transaction.
Charges: Any person can register and browse at HabereIndia platform for free of cost. However, the seller is expected to go through the fee policy prior to impaneling product/ service and dealing with HabereIndia, which is hereby incorporated by reference into this ToU. However, we reserve the right to update the fee policy from time to time to introduce new services/ modify some or all of the existing services offered on the Platform. 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 HabereIndia. The seller shall be solely responsible for compliance with all applicable laws for making payments to HabereIndia.
GST /Taxes: All the liability for taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess arising from the use of the platform and charges collection shall be the liability of the seller.
- Invoice generation: The responsibility to generate an invoice with correct and complete details is the responsibility of a seller. HabereIndia will only be assisting sellers by generating an invoice on their behalf. Furthermore, the seller shall ensure that invoice state ‘Powered by HabereIndia’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
In order to generate the invoice on seller’s behalf, HabereIndia would need a digital image of seller’s signature which shall be affixed on the invoice. At the time of order processing, the invoice shall be generated and sent to the seller. Seller will be required to physically sign the invoice, print the invoice and affix the same on the consignment.
Notwithstanding anything else contained in these ToU, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in any invoice.
- Recovery of bank chargebacks: HabereIndia shall have the right to deduct/ recover any chargebacks levied by the bank from the seller. The only remedy which will be available with the seller is to discuss and resolve the chargebacks with the bank. Thus, the Seller hereby agrees that he will extend his full co-operation in resolving the chargeback disputes raised by a buyer. The Seller also agrees to provide all necessary documentation regarding the transaction to the complete satisfaction of the bank.
In an instance where the chargeback is ruled against a seller, the bank’s decision shall be final & binding in this regard and we will have the right to recover the same from seller to its fullest extent. In the event where HabereIndia has made excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by HabereIndia to the seller.
- Holding payment against suspicious document: In instances where HabereIndia has a suspicion on any transaction or a buyer conduct high-value transaction, HabereIndia may delay notifying the payment confirmation to the seller to dispatch. Additionally, HabereIndia may ask the seller to remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials if the buyer is engaged in any form of illegal activity.
- Penalties – the responsibility of seller: The seller shall be solely liable for any damages, interests, claims etc. resulting from no/ delayed processing of a transaction that is beyond the control of HabereIndia.
- Disbursement in the vendor’s bank account: HabereIndia shall be responsible to make all disbursements to vendor into the bank account provided by a seller during the registration process. Once the payments are done, HabereIndia shall be discharged of any liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Compliance to applicable laws: It is the responsibility of the User/ seller to obtain all necessary licenses & permits and ensure compliance to all applicable laws (including hallmarking related law in case of sale of jewelry).
Further, in an event of the sale of jewelry, Seller should also provide hallmark certificate (as per law) along with the product and ensure conducting buyer KYC in accordance with applicable laws.
HabereIndia shall not be liable whatsoever for any non-compliance in this regard.
Product Description: HabereIndia shall try to put its best effort to provide the product description as accurate as possible. However, in no scenario, HabereIndia is certifying/authorizing that the product descriptions or any other content mentioned on its platform are accurate, complete, reliable, current, or error-free. Thus, HabereIndia does not assume any liability in this regard.
Audits: HabereIndia, “We”, will have the right to audit/ inspect the seller records and place by himself/ through a third party. In case the inspection audit reflects a discrepancy in seller records leading to non-compliance of any of HabereIndia’s policy, the cost of an audit, as well as any loss caused to HabereIndia, shall be borne by the seller.
Breach: In addition to other remedies, HabereIndia may also remove the user’s information, publish a warning to other users of such breach, suspend/block user account or block the access to HabereIndia platform in any of the event of a breach (Few illustrations detailed below):
- In case of a breach to any policy, ToU;
- In case HabereIndia is not able to verify/authenticate the user information provided
- if any of the user’s action may cause legal liability to a user, HabereIndia or any other party related to HabereIndia
A blacklisted / blocked/ suspended seller should not attempt to re-register / re-register / use the Platform by any mode (through itself or through any other entity /legal form) in any manner whatsoever until the seller is specifically reinstated by HabereIndia.
If any of the users breach any policy, rule or ToU, notwithstanding the foregoing, HabereIndia may also recover any amount due/ owed by a seller to HabereIndia and may also take strict legal action. The legal action shall not only be limited to recovery but may also include a referral to appropriate police/authorities for initiating a criminal or other proceedings against the seller.
Indemnity: If any user post any content/ material, and unless we indicate otherwise, the user grants a non-exclusive, royalty-free, perpetual, irrevocable right to HabereIndia to use, modify, reproduce, publish, adapt, translate, create derivative works from, display and distribute such content in any media. The user would be assumed to represent and warrant that he own or otherwise control all of the rights to the content that has been posted by him; that the content is accurate; that use of the content he has supplied does not violate this policy and will not cause any injury to any person or entity; and that he will indemnify HabereIndia for all claims resulting from content that has been supplied.
HabereIndia does not take any responsibility and assumes no liability for any content posted by any user or third party.
Trademark, Copyright and Restriction and related compliant: All content made available through any of our platform (e.g. text, graphics, logos, audio clips, data, software, etc.) is HabereIndia’s property. None of the users should copy, reproduce, republish, upload, post, transmit or distribute this material by any means. The User should also not assist any other person to do so.
The user should not modify/ use HabereIndia’s content on any other website/networked computer environment or for any other purpose (except for personal, non-commercial use). The same shall require written prior consent from HabereIndia’s team. Else, it would be a violation of the copyrights, trademarks, and other proprietary rights.
In case anyone feels that their trademark has been infringed by us, they can write to HabereIndia at sellers@HabereIndia.com.
Limitation of Liability: In no event shall HabereIndia be liable for any special, incidental, indirect, or consequential damages of any kind in connection with the TOU, even if HabereIndia has been informed in advance of the possibility of similar damages.
Applicable Law: Related Indian Laws will prevail for interpreting the ToU. The place of jurisdiction will be exclusively Gurgaon.
Contact Us: In case you have any comment or question, (including all inquiries not related to trademark & copyright infringement), email us at sellers@HabereIndia.com.
Grievance Officer: In accordance with the IT Act, 2000, and the rules thereunder, the details of the Grievance Officer are as below:
Mr. Rohit Agarwal
Flat# 303, Tower B Emerald Estate Sector 65, Gurgaon Haryana - 122 018, Haryana, India
Phone: +91- 7524821804
Time: Mon-Sat (10:00 – 17:00)