Terms Of Sale
Last updated on 26/01/2020
The www.windzard.com website and services (“Services”) are operated by WIndzard Ecommerce Private Limited “www.windzard.com” (“us”, “we”, “www.windzard.com”, ” Windzard” or the “Company”). By registering for, accessing or using any page of our Site and/or registering with www.windzard.com, you understand and agree to be bound by these general Terms and Conditions. The Terms and Conditions constitute a legally binding agreement between you and Windzard and govern any and all use of the Site by any and all users of the Site and any services offered therefrom. If you do not agree to all of the terms and conditions, please do not use (or continue to use) the site or any services offered or accessed through the site.
- Using the Site
Use of the Site is void where prohibited. You may use this Site only if you can form a binding contract with www.windzard.com and only in compliance with these Indian Contract Act, 1872 and all applicable laws. This Site is intended solely for users who are eighteen (18) years of age. If you are registering as a seller or business entity, you represent that you have the authority to bind the entity to this agreement. By using the Site, you represent that you are 18 or older. If you are signing up for the Site on behalf of your employer, then you represent that you have the authority to bind your employer to our Terms and Conditions.
1.2. User Conduct
You are solely responsible for the content and context of any materials you submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (c) contain a virus or other harmful component. You may only use this Site to make legitimate requests to purchase the products or services offered, and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Windzard. In addition to the foregoing and in consideration for being allowed to use the Site, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent
Impersonating another person or allowing any other person or entity to impersonate you to access or use the Site;
Using the Site for any purpose in violation of local, state, national, international laws
Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
Disguising the origin of information transmitted to, from, or through the Site.
Collecting information about the Site or users of the Site without our written consent;
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
Circumventing any measures implemented by us aimed at preventing violations of these Terms and Conditions.
In response to the discovery or suspicion that you have breached these Terms and Conditions by committing any of the above-listed actions, we may choose to terminate your account.
1.3. Registration Data; Account Security
1.4. Changes to the Site and Services
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site and Services including but not limited to content, prices, printing options, hours of availability, or other features. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Windzard will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
1.5. Term and Account Termination
This Agreement will remain in full force and effect while you use the Site and/or are a registered user. We reserve the right to terminate and/or limit your account and access to the Site and its services at any time. Termination by Windzard may include removal of access to the Services, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its Services. You may stop using our Services at any time; however, we may retain Your Registration Data and user Content (as defined herein). Even after your account is terminated, certain sections of this Agreement will remain in effect; see below for a list of the provisions of this Agreement that will survive the termination of your account.
Platform for Transaction and Communication
The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. Windzard is not and cannot be a party to any transaction or dispute between users on the Platform.
- All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Windzard does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
- Windzard does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. Windzard does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Windzard accepts no liability for any errors or omissions of third parties in relation to the products and services.
- Windzard is not responsible for any non-performance or breach of any contract between you and buyers. Windzard cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. Windzard shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
- Windzard does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.
- Windzard does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
- At no time shall Windzard hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Windzard is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
- The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Windzard only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
- You release and indemnify Windzard and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Windzard cannot control the information provided by other users which is made available on the Platform. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
Use of the Platform
You agree and understand that Windzard and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Windzard shall bear no responsibility or liability in relation to or arising out of third party user generated content. Windzard neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Windzard is merely an intermediary and does not interfere in the transaction between buyers and sellers.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) infringes upon or violates any third party’s rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;
(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
Throughout the ToU, Windzard’s prior written consent means a communication coming from Windzard’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Platform;
(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
- You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.
- You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Windzard, Flipcart, Windzard.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Windzard or sellers on the platform or otherwise tarnish or dilute any Windzard trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Windzard’s systems, networks, or any systems or networks connected to Windzard.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
- You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
- You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Windzard and/or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
- From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
- You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. Windzard shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Windzard’s views. In no event shall Windzard assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
- It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
- Windzard shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Windzard reserves the right to delete such multiple listings of the same product listed by you in various categories.
For Food and Nutrition category, seller shall adhere to the minimum balance shelf life norms as provided at the link here
Compliance on selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Windzard shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Windzard to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing . In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.
You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transaction on your account will be blocked and orders will not be processed on your account. In the event of you providing your Input Service Distributor Registration Number, Windzard would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
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 Windzard has no responsibility or liability over such third-party generated Content as Windzard 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 Windzard’s prior written consent.
You may use the information on the products and services made available on the Platform for downloading provided you:
(1) do not remove any proprietary notice language in all copies of such Content;
(2) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any Content; and
(4) do not make any additional representations or warranties relating to the Content.
Windzard grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Powered by Windzard” and/or “Windzard.com” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, Windzard grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “Windzard.com” name and/or logo on packing material used by seller for delivery of Products sold on the Platform.
Windzard reserves the right to revise the categories, criteria, and benefits to promote healthy competition amongst the sellers so that their performance lead to better customer experience on the Platform.
- Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Windzard liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
- You have specifically authorized Windzard or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Windzard is on a principal to principal basis and by accepting the ToU, you agree that Windzard is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Windzard does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
- You understand, accept, and agree that the payment facility provided by Windzard is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (COD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Windzard neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Windzard’s sole discretion.
- All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
Dispatch of products and/or services 1. You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, Windzard will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform
- Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Windzard in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
- Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to Windzard on demand within the time frame as notified from time to time.
- Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
- In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.
- Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
- a) Buyer confirms the delivery of products and/or services in the transaction;
- b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
- c) Buyer’s refund claim is rejected by Windzard due to any breach of the ToU, policies, and any applicable law;
Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
Registration on the Platform is free. Windzard does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Windzard reserves the right to change its fee policy from time to time. In particular, Windzard may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Windzard reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Windzard. You shall be solely responsible for compliance with all applicable laws for making payments to Windzard.
GST /Taxes: You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
- A seller agrees that Windzard may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Windzard, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. Eligible sellers understand that Windzard reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Windzard’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by Windzard from time to time.
A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state ‘Powered by Windzard’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
- In case of any chargebacks levied by the bank, Windzard shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Windzard shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Windzard has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Windzard to the seller.
- Windzard may delay notifying the payment confirmation, i.e. informing seller to dispatch if Windzard deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Windzard may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
- Sellers acknowledge that Windzard will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Windzard.
- Windzard shall make payments into the bank account provided by a seller during the seller registration process. Once Windzard has made payments into such a bank account number, Windzard shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Windzard shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Windzard approved third party testing agencies. Cost of such audit shall solely be borne by Windzard unless audit reflects discrepancy in seller accounts / non-compliance with Windzard’s seller policies, in which case cost of audit shall be borne by the seller.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform in the event of, including but not limited to, the following:
- if we are unable to verify or authenticate any information you provide; or
- if it is believed that your actions may cause legal liability for you, other users, or us;
We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Windzard respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Windzard at trademark@Windzard.com or ss@Windzard.com.
Windzard respect the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Windzard at Reportinfringement@windzard.com .
Trademark, Copyright and Restriction
The Website is controlled and operated by Windzard and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Windzard’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL Windzard BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF Windzard HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Windzard makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Windzard is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to Reportinfringement@windzard.com .
Grievance Officer: In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer is published herewith:
Mr. Hari Haran R
Windzard Ecommerce Private Limited
Door No 19, Krishna Iyar Street, ValluvarKottam High Road, Nungambakkam, Chennai-600034, Tamilnadu, India.
CIN No: U52609TN2019PTC130267
E-mail ID: firstname.lastname@example.org / email@example.com
Phone No: +91-9150656757
THESE TERMS & CONDITIONS IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND WINDZARD (BOTH TERMS DEFINED BELOW). THESE TERMS & CONDITIONS WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND SNAPDEAL FOR THE USE OF THE WEBSITE (DEFINED BELOW).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS , PLEASE DO NOT USE THE WEBSITE.
Your use of the webpage and organizations and mechanical assemblies are directed by going with terms and conditions as material to the Website including the relevant methodologies which are participated in this by strategy for reference. Then again, you execute on the Websites and at risk to the techniques that are suitable to the Website for such trade. By straightforward use of the Website, You will contract with windzard.com and these terms and conditions including the methodologies build up your coupling duties, with windzard.com.
1.1 Windzard is a company incorporated under the laws of India, with its registered office at 12/1, Leelavathi Nagar, Plot No.181, Senneer Kuppam, CHENNAI, 600056 Tamil Nadu, India, and having CIN U52609TN2019PTC130267. Windzard is 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 (“Products”), and other incidental Services thereto (“Services”) including use of the Website by any User.
1.3 If there is any conflict:
(ii) between the Additional Service Terms and any other part of these Terms & Condition, the Additional Service Terms shall take precedence in relation to that Service;
(iii) between the Seller Agreement and any other part of these Terms & Condition, the Seller Agreement shall take precedence but only to the extent of the conflict;
2.1The Website is an electronic platform in the form of an electronic marketplace and an intermediary that
(a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers/customers), and
(b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and
(c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and
(d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include the issue of coupons and vouchers that can be redeemed for various Products.
3) Membership Eligibility
3.1 Use of the site is open just to individuals who can shape legitimately limiting contracts under Indian Contract Act, 1872. Individuals who are “graceless to contract” inside the significance of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc are not able to use the Website. If you are more youthful than 18 years (minor), you won’t enroll as a person from the site and won’t sell or purchase any things on the site. As a minor on the accident and wish to purchase/sell a thing on the web page such purchase or arrangement may be made by your legal watchman or watchmen who have enlisted as customers of the Website. We keep up whatever expert is expected to end your cooperation and won’t outfit you with access to the Website if it is discovered that you are more youthful than 18 years.
3.2 Windzard reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according to any reasons for doing so.
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.
4) User Account, Password, and Security
4.1 In the event that, you utilize the Website as Registered User, you are responsible for keeping up the grouping of your User ID and Password. You agree to: (a) Provide veritable, definite, current and complete information about yourself as incited; and (b) Maintain and rapidly update the User Account Data to keep it certified, exact, current and complete. In the event that, you give any information that is false, mixed up, not present or inadequate or We have reasonable grounds to guess that such information is false, off base, not present or divided, or not according to the User Agreement, We hold the choice to uncertainly suspend or end or square access of your enlistment with the Website and won’t outfit you to give access to the Website. On the off chance that that you (vendor) need to close the record you are will without a doubt fulfill all of the solicitations successfully put and give a notice of around sixty days least early, basically after each solicitation have been arranged viably will the Seller Account be shut.
4.2 Registered users: Windzard makes certain sections of the Services available to You through the Website only if You have provided windzard certain required User information and created an account and a windzard ID through certain log-in ID and password (“Account”).
4.3 You agree that windzard shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
4.4 If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
5) Electronic Communication
5.1 When you use the site or send messages or other data, information or correspondence to us, you agree and fathom that you are interfacing with us through electronic records and you agree to get trades from us irregularly at whatever point required. Windzard.com will pass on you through email or different substances on the Website which will be viewed as the agreeable organization of notice/electronic record. 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.
6) Fees and Services
6.1 Membership on the Website is free. Being an Intermediary under the Information Technology Act, windzard.com 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. windzard.com Windzard reserves the right to change its Fee Policy and Credit policies from time to time and 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 Windzard Ecommerce Private Limited within such time as specified in the invoice
6.3 Taxes:: You are accountable for paying all costs related to the use of the Website and you agree to hold up under every single material obligation, charges, cases, etc forced, therefore.
6.4 Non-payment: windzard.com 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 windzard.com. Windzard also reserves the right to take legal action in case of non- payment of fees.
7) Utilization of the website
7.1 You understand and agree that Windzard and the Website merely provide 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. Windzard neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. windzard.com has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and windzard shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content.
7.2 You agree, endeavor and attest that your substance, Your use of the Website shall be strictly governed by the following binding principles:
7.3 Your Information” is described as an information you provide for us or various customers of the Website (“Users”) in the record nuances, offering, acquiring or posting process, in the analysis/comments area or through any email feature. You are only responsible for your Information, and we act similarly as a uninvolved conductor for your online allotment and conveyance of your Information.
7.5 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;
belongs to another person and to which You do not have any right;
The appallingly dangerous, aggravating, threatening, pornographic,offensive, foul, unequivocal, pedophilic, censorious, meddlesome of another’s insurance, scornful, or racially, ethnically stunning, disparaging, relating or enabling illicit duty shirking or wagering, or for the most part unlawful in any capacity whatever; or unlawfully undermining or unlawfully bothering including anyway not obliged to “vulgar depiction of women” inside the contingency of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way
Hurt minors in any way
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;
Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
Abuses any law for the present in force;
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
Bamboozles or swindles the beneficiary/customers about the start of such messages or passes on any information which is horrendously antagonistic or undermining in nature;
Impersonate another person/entity;
contains programming contamination’s or some other PC code, archives or tasks proposed to interfere with, crush or farthest point the value of any PC resource; contains any Trojan horses, worms, time bombs, drop bots, easter eggs or other PC programming plans that may hurt, adversely intrude, decrease estimation, stealthily get or hold onto any system, data or individual information;
Compromises the solidarity, uprightness, shield, security or intensity of India, very much arranged relations with outside states, or open solicitation or makes prompting the commission of any cognizable offense or maintains a strategic distance from the assessment of any offense or is insulting some other nation
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
Will not, truly or by suggestion, offer, try to offer, trade or try to trade anything, the overseeing of which is denied or bound in any capacity under the courses of action of any appropriate law, rule, rule or standard until further notice in power. Without inclination to the comprehensive articulation of the previously mentioned, windzard.com does not permit trades in the going with things including yet rather not obliged to classes as communicated in the Prohibited and Restricted Items Policy which can be gotten to at windzard.com Rules and Policies.
Will not make a hazard for us or cause us to lose (in whole or somewhat) the organizations of our ISPs or various suppliers; and
shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, The Indecent Representation of Women (Prohibition) Act, 1986, Information Technology Act 2000 as amended from time to time and rules thereunder;
are indistinguishable from different things you have available to be purchased yet are estimated lower than your thing’s value, the save cost of the thing or least offered sum;are simultaneously recorded available to be purchased on a site other than the Website;
7.7 You address and certify that you will be the sole and particular legal owner of every single thought about thing, product or consequences of any depiction that you wish to offer accessible to be obtained on the Website. You will have all out right, title and pro to deal in and offer accessible to be bought such things, product or things.
7.8 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 Windzard.com of the same at firstname.lastname@example.org.
7.9 You will reliably ensure full consistence with the suitable courses of action of the Information Technology Act, 2000 and leads there under as appropriate and as changed from time to time and besides all material Domestic laws, standards and rules (tallying the arrangements of any significant Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (checking, yet not compelled to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) concerning your use of our organization and your posting, purchase, mentioning of offers to purchase, and freedom of things or organizations. You will pass on any trade-in a thing or organization, which is precluded by the courses of action from claiming any material law including exchange control laws or rules for the time being in power. Explicitly you will ensure that if any of your things recorded on the Website qualifies as a “Curio” or “Craftsmanship treasure” as described in the Act (“Artwork”), you will show that such Artwork is “non-exportable” and offered subject to the arrangements of the Arts and Antiquities Act, and will ensure that it isn’t passed on to any buyer at any place outside India.
7.9 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.
7.10 Consistently, you will be responsible for giving information relating to the things or organization’s proposed to be sold by you. In this affiliation, you grasp that every such datum will be precise in all respects. You won’t distort or over emphasize the focal points of such things or organizations so as to cheat various Users in any capacity
7.11 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 Windzard of such knowledge and if requested by Windzard, provide to Windzard such information it may reasonably require regarding such conduct. Windzard shall also have the right to audit periodically merchant/sellers if need be in compliance with the above. Windzard 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.
7.12 You won’t try to go around or control our Fee structure, the charging technique or Fees owed to Windzard.com as ordered in Windzard.com Rules and Policies, and melded by strategy for reference in this Agreement.
7.13 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 beis 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.
8) Platform for Communication
8.1 WINDZARD.COM’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 WINDZARD HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL WINDZARD.COM 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.
8.3 Windzard.com does not control, endorse or accept responsibility for any product (including but not limited to product catalogs) proposed to be sold or offered to be sold or purchased on the website or any linked sites. Windzard.com 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, the 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 Windzard.com does not accept any responsibility for the same. Windzard.com also does not accept any responsibility for the usage of the products by the Buyer.
8.4 Windzard.com does not make any depiction or certification with respect to the thing focal points, (for instance, legal title, money related soundness, character, etc.) of any of its Users. You are urged to openly affirm the bona fides of a particular User that you oversee on the Website and use your best judgment for that advantage.
8.5 Windzard.com 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 Windzard.com 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.
8.6 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. windzard.com 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.
8.8 The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Windzard.com is only providing a platform for communication and it is agreed that the contract for the 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 Windzard.com nor shall Windzard.com have any obligations or liabilities in respect of such contract for sale. Windzard.com is not responsible for the 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.
8.9 The Website is only a scene through which Users can accomplish a greater base to buy and sell things. Windzard.com is simply giving a phase to correspondence and it is agreed that the understanding accessible to be obtained of any of the things or organizations will be a cautiously bipartite contract between the trader and the buyer. In less time, the right, title or eagerness over the things vest with Windzard.com nor will Windzard.com have any duties or liabilities in respect of such a contract. Windzard.com isn’t accountable for unsatisfied duties.
8.10 You release and reimburse Windzard.com just as any of its officials, agents, Directors, Employees, Shareholders from any cost, damage, commitment or other consequence of any of the exercises of the Users of the Website and unequivocally swear off any cases that you may have for this advantage under any material law. In spite of its reasonable undertakings for that advantage, windzard.com can’t control the information given by various Users which is made available on the Website. You may watch other User’s information to be unfriendly, damaging, erroneous, or bewildering. In the event that it’s not all that much inconvenience utilize caution and practice safe trading when using the Website. If its all the same to you that there may be dangers in overseeing outside nationals, underage individuals or people acting under insincerity.
8.11 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.
9.3 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.
10.1 Without obliging various fixes, Windzard.com may confine your activity, rapidly empty your information or offers, or send your posting, alert various Users of your exercises, speedily quickly/uncertainly suspend or end or square your enlistment, just as won’t give you access to the Website in the event, anyway not limited to:
In the event thatcom is unfit to affirm or approve any information you give; or
If it is believed that Your actions may cause legal liability for other Users or windzard.com. 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 windzard.com or use the Website in any manner whatsoever until such time that such User is reinstated by windzard.com. Notwithstanding the foregoing, if You breach the User Agreement or any other documents it incorporates by reference, windzard.com reserves the right to recover any amounts due and owing by You to windzard.com 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.
11.1 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.
11.2 Windzard.com 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 Windzard.com.
11.3 You, as a buyer, appreciate that the portion office may not be available in full or somewhat for certain characterization of items just as organizations or possibly trades as referenced in the Windzard.com Rules and Policies. Consequently, you may not be equipped for a markdown in respect of the trades for those product or possibly benefits.
11.4 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.
11.5 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.
11) Shipping and Fulfillments
11.1 Windzard.com 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. Windzard.com 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, Windzard.com takes the title or ownership of any product or inventory.
12) Purchaser Protection
12.1 If Windzard..com has uncertainty or realizing, that any of its people are locked in with any activity is wanted to give cases or information that is false, misleading or not genuine. By then Windzard.com may while sparing its rights to begin normal and also criminal methods against part may in like manner at its sole vigilance suspend, square, bind, drop the customer id of Registered User or conceivably block that part and any related people from benefiting affirmation through this program. 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.
12.2 Windzard 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 Windzard.com. All Merchants listing their products on Windzard.com 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 Windzard 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.
12.3 Windzard.com keeps up its position to begin normal and furthermore criminal methods against a customer who archives invalid just as false cases or gives false, divided, or misleading information. Despite the real strategies as recently referenced, Windzard.com may at its sole consideration suspend, square, limit, drop the customer id (and its related customer ids) of such customer or possibly block that part and any related people from profiting protection through this program
12.4 The people who, purposefully and with reason to mischief, cheat or dupe, reports a Fraudulent Complaint containing false, divided, or misleading information may be culpable of a criminal offense and will be charged by every single potential confinement level of the law.
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 Windzard.com under General Policies and which 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 Windzard.com. You further agree to ensure that the products sold/advertised by You through Windzard.com 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 Windzard.com do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
12.1 You acknowledge that if any genuine claim is received by windzard.com from any person or Customer, windzard.com may in its sole discretion block Your merchant/user account and/or remove the products listed by You on windzard.com, without any prior notice to You. windzard.com would however provide You a post facto intimation regarding the same. You agree that You shall have no claim whatsoever against windzard.com in this regard and the decision of windzard.com, as aforesaid shall be binding on You.
12.2 You, as a seller, will be required to dispatch the items just as organizations for each trade to the buyer inside the time range as gave in windzard.com Rules and Policies to ensure that the product or possibly advantages are passed on inside described time length. windzard.com will charge its reward and various costs as material on the off chance that the solicitation get dropped due to deferral in transport of things with in the stipulated time referenced in windzard.com Rules and Policies or mixed up stock numbers in the structure. You will without a doubt revive the stock reliably to avoid such solicitation withdrawals and charges.
12.3 The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Windzard reserves the right to delete such multiple listings of the same product listed by you in various categories.
13.1 While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (i) Lack of authorization for any transaction/s, or (ii) Exceeding the preset limit mutually agreed by You and between “Bank/s”, or (iii) Any payment issues arising out of the transaction, or (iv) Decline of transaction for any other reason/s
13.2 Windzard.com uses third party payment providers to receive payments from the Buyers on Seller’s behalf. windzard.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. windzard.com 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, windzard.com does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it. windzard.com shall only make payments to the Sellers subject to realisation of payment received from the Buyer to windzard.com. The Seller payment is typically net of the service fee charged by windzard.com for its services and after deduction of applicable withholding taxes (if any).
13.3 Installments for things on the Website can be made through electronic figuratively speaking. The Payments office engages electronic aggregation using the present Indian banking and credit/charge card and such other structures through the organizations of pariah Payments passage provider Razorpay. windzard.com isn’t responsible for deferrals or mistaken trade execution or clearing out of solicitations in view of Payment issues.
13.4 Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Windzard liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on windzard platform.
14.1 We encourage Registered Buyers on the Website to provide feedback to the Sellers after the transaction has been closed,It can make all Users to acknowledge what it takes after to deal with the said buyer/seller. After you lead a trade, if relevant, we ask you to leave analysis for the buyer or seller that you oversaw. On the off chance that it’s not all that much inconvenience recall that you can’t pull back the info once you have surrendered 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 Name. Windzard.com won’t be accountable for the information that you post on the Website and you should be vigilant about making comments that are not real in nature and should not to post injurious or unlawful or threatening/profane substance.
14.2 You may not take any actions that may undermine the integrity of the feedback system. If You continue to receive negative feedback ratings, windzard.com 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.
(i) 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.
(ii) Import – We don’t give the particular ability to empower you to import the contribution from various destinations to Windzard.com in light of the fact that a composite number. Without the contrasting analysis does not reflect your genuine online reputation inside our district.
15) No Warranty
15.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT, AND ANY THIRD PARTY CONTENT ARE PROVIDED BY WINDZARD.COM 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, WINDZARD.COM 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;
15.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINDZARD.COM WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WINDZARD.COM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
15.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WINDZARD.COM 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. WINDZARD.COM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT WINDZARD.COM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. WINDZARD.COM 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, WINDZARD.COM 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 WINDZARD.COM ‘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. WINDZARD.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WINDZARD.COM 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
16.1 In no event shall Windzard.com 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).
(i) Your breach of the Agreement(s); or
(ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or
(iii) any claim that any Third Party Content/content, information or materials provided by You caused damage to a third party; or
(iv) Your violation of any rights of another, including any intellectual property rights.
16.2 Windzard.com’s hazard in any circumstance is compelled to the proportion of costs, expecting any, paid by you to Windzard.com. Windzard.com, its accomplices, partners and pro centers and development accessories make no depictions or Warranties about the exactness, steadfastness, satisfaction, just as luckiness of any substance, information, programming, content, structures, associations or trades gave on or utilizing the Website or that the undertaking of the Website will be sans botch just as ceaseless. In this manner, Windzard.com acknowledges no hazard at all for any cash related or other damage suffered by you due to;
Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
Any interruption or errors in the operation of the Website.
17.1 You will reimburse and hold harmless Windzard.com and (as material) Windzard.com’s subsidiaries, affiliates, third parties, and their respective shareholders, officers, directors, agents, and employees, from any case or solicitation, or exercises including reasonable legal advisers charges, made by any outcast or discipline constrained due to or developing out of your break of the Windzard.com User Agreement and Rules and Policies or the chronicles they unite by reference, or your encroachment of any law, fundamentals or rules or the benefits of a pariah.
17.2 Windzard may notify You of any claims which You shall be liable to indemnify Windzard.com against. You will then be required to consult with Windzard.com 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 Windzard.com without the express prior written consent of Windzard.com which can be withheld or denied or conditioned by Windzard.com in its sole discretion.
18) General Provisions
18.1 None of the courses of action of the User Agreement will be respected to contain a relationship among you and Windzard.com and you will have no expert to tie Windzard.com in any capacity by any means. On the off chance that any stipulation of the User Agreement will be viewed as invalid, void or in any capacity whatsoever unenforceable, such explanation will be respected severable and won’t impact the authenticity and approve limit of the remainder of the states of the User Agreement.
18.3 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. windzard’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by windzard to any third parties without the requirement of seeking Your prior consent. Windzard may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Windzard shall have the right to transfer Your Account and Account Information to a third party who purchases Windzard’s business as conducted under the Website.
18.4 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.
18.6 Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and windzard.com with respect to the subject matter hereof.
18.8 Dispute Resolutions: (i) Generally, transactions are conducted smoothly on windzard.com. However, there may be some cases where both the Buyers and Sellers may face issues at windzard.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers. (ii) 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. (iii) 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 email@example.com in order to raise a dispute. Once a dispute is raised by either party, Windzard.com shall try to mediate and resolve the matter amicably.
18.9 Grievance Officer: In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer is published herewith:
Mr. Hari Haran R
Windzard Ecommerce Private Limited
Door No 19, Krishna Iyar Street, ValluvarKottam High Road, Nungambakkam, Chennai-600034, Tamilnadu, India.
CIN No: U52609TN2019PTC130267
E-mail ID: firstname.lastname@example.org / email@example.com
Phone No: +91-9150656757
19) Intellectual Property Right
19.1 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Windzard or their vendors/sellers or respective third parties. You are not permitted to use the Marks without the prior consent of Windzard, the vendor/seller or the third party that may own the Marks.
19.2 This site is controlled and operated by Windzard and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights.
19.3 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Windzard or thirty party owner of such Content.
19.4 The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Your use of the Website, by no means, are any rights impliedly or expressly granted to You in respect of such Content. Windzard reserves the right to change or modify the Content from time to time at its sole discretion.
In the event that that any discussion rises among you and Windzard.com in the midst of your use of the Website or starting there, with respect to the authenticity, getting, utilization or asserted break of any course of action of the User Agreement, Rules and Policies or the reports they solidify by reference, the inquiry will be suggested a sole middle person will’s identity a free and unprejudiced outcast recognized by Windzard.com. The spot of intercession will be New Delhi. The Arbitration and Conciliation Act, 1996, will regulate the intercession methodology. The statement methodology will be in the English language.
21) Governing Law
21.1 The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between You and Windzard.com shall be subject to the exclusive jurisdiction of courts in New Delhi, India.
21.2 This document is an electronic record of the Information Technology Act, 2000 and the amended plans identifying with electronic records in various goals as changed by the Information Technology Act, 2000. This electronic record is made by a PC system and does not require any physical or automated imprints.