Terms of Use
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms and Conditions (“T&C”) govern the access and use by you (“you”, “your”) of the Website (“Website”) provided by Stacktrail Cash and Carry Private Limited (“SCCPL”, “we”, “us” or “our”), a company incorporated under the laws of India, having its principal office at Regd. Office: No. 1090/J, 18th Cross, 14th Main, Sector 3, HSR Layout, Bangalore – 560102, Karnataka, India
T&C, our privacy policy (“Privacy Policy”) along with the other agreements and policies constitutes your agreement with SCCPL (“Terms”). Please read the Terms carefully before accessing the Website and buying the products (defined below). If you do not agree to these Terms, you may not access the Website. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for any updates/changes. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by any amendments, updates, and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as may be amended, updated, and modified from time to time.
Additional terms and conditions may apply to you in respect of buying specific Products as may be offered by us from time to time. You agree to abide by such other terms and conditions, including, where applicable, representing that you have the legal capacity to use or participate in such feature. If there is a conflict between these Terms and the terms agreed for a specific Product offered by SCCPL and availed by you, the latter terms shall control with respect to the specific Products.
DEFINITIONS
“Applicable Law” means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permits, licenses, approvals, consents, authorizations, government approvals, directives, guidelines, requirements or other government restrictions, or any similar form of a decision of, or determination by, or any interpretation, policy or administration, having the force of the law of any of the foregoing, by any regulatory authority, whether in effect as on the date of you agreeing to be bound by these Terms or at any time after;
“Authority” shall mean any judicial or quasi-judicial authority or any regulatory, statutory authority of any such territory where the Products are offered;
“Products” shall mean the products offered by SCCPL to you;
1. PRODUCTS OFFERED
SCCPL distributes a variety of Products across portfolios comprising Electronics (IT assets, Phones, IT & Mobile Accessories, etc..), FMCG products, large & small appliances, stationery, general merchandise, lifestyle, gifts & gift articles, and other verticals.
2. ELIGIBILITY
1. You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms; (b) are eighteen years of age or older; (c) are an Indian resident. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and any amendments thereto.
2. Your right to access and use the Website is not transferable by you to any other person or entity. You are only entitled to access the Website and avail the Products offered for lawful purposes.
3. USE OF THE WEBSITE
1. You agree, undertake and confirm that the use and access of the Website 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 to which the User does not have any right to;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or otherwise inconsistent with or contrary to the laws in force;
c) is 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", or unsolicited mass mailing or "spamming" or messages using SCCPL’s communication Website;
g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
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, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
j) contains restricted or password-only access pages, or hidden pages or images (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, or providing or creating computer viruses;
m) contains video, photographs, or images of another person (with a minor or an adult);
n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
o) engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms, SCCPL's prior written consent means a communication coming from SCCPL's legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
p) solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
q) interferes with another user’s use and enjoyment of the Website or enjoyment of any similar services;
r) refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
s) harm minors in any way;
t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
u) violates any law for the time being in force;
v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
w) impersonate another person;
x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
z) shall not be false, inaccurate or misleading;
aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
bb) shall not create liability for SCCPL or cause SCCPL to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.
cc) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
4. YOUR OBLIGATIONS
1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content on the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content on the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. SCCPL reserves its right to bar any such activity.
2. You shall not make any defamatory or denigrating statement(s) about SCCPL, or our brand name or domain name used by SCCPL or otherwise act in any manner that might tarnish the reputation or standing, of SCCPL or users or otherwise tarnish or dilute any of SCCPL’s trademarks, service marks, trading name, or the goodwill associated with them.
3. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time.
4. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
5. Unless expressly permitted, you shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You shall not reverse look-up, trace, or seek to trace any information on any other user of or visitor to Website, or any other user, or exploit the Website or any service or information made available through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than user’s own information, as provided for by the Website.
6. You agree to indemnify SCCPL its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with and from (i)your use of the Website or its Products; (iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any service availed by you from a third party service provider using any dispute inter-se users; and/or (vi) your negligence or wilful misconduct.
7. You shall at all times, adhere to our Code of Conduct available at https://udaan.com/pages/code-of-conduct/md, while discharging its obligations under the Terms.
5. DISCLAIMERS
You agree that your use or access to the Website and its Products is at your sole risk. Website is provided on an ‘as is’ and ‘as available basis. We expressly disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, quality, and performance, for the Products and the Website. We shall give you reasonable notice of any such suspension or withdrawal on a best effort basis.
6. INDEMNITY
You shall indemnify, defend SCCPL, its affiliates, and officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any direct or indirect losses, actions, damages, penalties, costs and expenses, claim, demand, lawsuits, judicial proceeding, (including, without limitation, from all damages, liabilities, settlements, costs and attorneysʼ fees) arising from or relating to:
a. acts, commissions or omissions, errors, misrepresentations, misconduct, negligence, fraud, forgery, dishonesty, violation attributable to you and/or your personnel/agents/representatives, or any third party who may use your account, your access to the Website, the Products offered or violation of these Terms;
b. contravention of any Applicable Law or industry practice applicable to you;
c. breach of confidential information;
d. any claim from any Authority or any third party as a result of any action or inaction on your part, including but not limited to breach of these Terms or any acts committed beyond the scope of these Terms.
7. LIMITATION OF LIABILITY
1. Notwithstanding anything to the contrary contained herein, neither SCCPL nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms, including any action taken by any Authority. To the maximum extent permitted by law, the Products provided by SCCPL on or through the Website are provided "as is", "as available" and “with all faults”, and SCCPL hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
2. To the maximum extent permitted by law, SCCPL makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Website; SCCPL does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products offered or displayed on the platform does not violate any third party rights; and SCCPL makes no representations or warranties of any kind concerning any Product offered or displayed on the Website. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of SCCPL for any claims that may arise in connection with these Terms shall not exceed an amount of INR 1000/-.
8. INTELLECTUAL PROPERTY RIGHTS
1. All rights, title, and interest in and to the Website including all intellectual property rights arising out of Website, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use and access the Website in accordance with these Terms and its written instructions issued from time to time.
2. You hereby grant us a non-exclusive, royalty-free and limited perpetual license to use, display on the Website and reproduce your trademarks, service marks and logos solely in connection with the marketing activities.
9. CONFIDENTIALITY
Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. SCCPL’s Confidential Information includes all information that you receive relating to us, or to regarding the Products, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms.
10. REVIEWS, FEEDBACK AND SUBMISSION
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or that may be offered by you regarding the Website and Products or otherwise disclosed, submitted (collectively, the "Comments") shall be the property of SCCPL. Such disclosure, submission or offer of any Comments shall constitute an assignment to SCCPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. You agree to waive your right to be identified as the author of such content/Comment and your right to object to derogatory treatment of such content/Comment.
SCCPL will be entitled to use, reproduce, disclose, adapt, create derivative works, publish, display and distribute any Comments you submit for any purpose whatsoever. The Company is and shall be under no obligation:
a) to maintain any Comments in confidence;
b) to pay you any compensation for any Comments; or
c) to respond to any Comments.
You agree that any Comments submitted by you on and/or will not violate any of our policies or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
11. PRIVACY POLICY
You hereby authorize us to disclose your information to government authorities or to competent authorities or to credit bureaus or other third persons, to comply with the obligation under the applicable laws. You also authorise us to use your information for offering Prod to you unless specified otherwise. You agree to be bound by the terms and conditions of the Privacy Policy as to how we collect, use, and disclose your information which we may collect or get access to while you use or access the Website. For information concerning how we collect, use and disclose information concerning your use and access to the Website, you should refer to our Privacy Policy.
12.GRIEVANCE MECHANISM
1. You may submit any grievance with respect to the Website, including with respect to any abuse on the Website and/or any discrepancies or grievances with respect to the processing of information to the Grievance Officer at the contact details mentioned herein. We will endeavour to resolve your grievances and concerns within timelines as mentioned under applicable laws.
2. GRIEVANCE OFFICER
Raghu. S
Address: No. 1090/J, 18th Cross, 14th Main,
Sector 3, HSR Layout, Bangalore, Karnataka – 560102
Phone: +91 - 9591770636
Time: Mon - Sat (10:00 AM - 07:00 PM)
e-mail: grievance-redressal@stacktrail.in
13. MISCELLANEOUS PROVISIONS
1. If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
2. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of anyone right or remedy shall not be construed as an election.
3. You agree that we shall not be liable for any breach of these Terms if such breach is caused by an event that is unforeseeable and beyond our reasonable control (such as, depending on the circumstances, unavailability of any communication system, breach or virus in our system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unauthorized access to computer data and storage devices, computer crashes and regulatory or government actions (“Force Majeure Event”). In such circumstances, we will be entitled to a reasonable extension of time to perform our obligations and shall take commercially reasonable methods to inform you of the Force Majeure Event and use all reasonable endeavors to mitigate the effects of the Force Majeure Event.
4. All notices, requests, demands, and determinations for SCCPL under these Terms (other than routine operational communications via an email) and questions, complaints, or claims with respect to the Website shall be sent to corporate.sales@stacktrail.com
5. No third party shall have any rights to enforce any terms contained herein.
6. These Terms shall be governed by and construed in accordance with the laws of India and any dispute concerning these Terms shall be subject to the exclusive jurisdiction of courts at Bangalore, India.
STACKTRAIL CASH AND CARRY PRIVATE LIMITED
STACKTRAIL CASH AND CARRY PRIVATE LIMITED No. 1090/O, Municipal No. 1580/1090/O 17th Main, Bengaluru, KA- 560102 IN
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