Terms of Use for Indian Motley
Last Updated: 08-12-2024
Welcome to Indian Motley (“Platform”), an eCommerce marketplace dedicated to showcasing and selling Indian handicrafts and goods reflecting Indian heritage and traditions. This document constitutes an electronic record under the Information Technology Act, 2000, and its associated rules. By accessing or using the Platform, you agree to be bound by these Terms of Use (“Terms”).
Definitions
- Platform: The website and mobile application operated by Indian Motley.
- Seller: Any individual or entity registered to sell products on the Platform.
- Buyer: Any user purchasing products from the Platform.
- We/Us/Our: Refers to Indian Motley.
- You/Your: Refers to Sellers, Buyers, or visitors to the Platform.
Seller Eligibility
- The Platform is available only to individuals/entities capable of forming binding contracts under the Indian Contract Act, of 1872.
- Minors, undischarged insolvents, and other legally disqualified individuals are prohibited from registering as Sellers.
- Business entities registering as Sellers must ensure proper authorization for contract acceptance.
Registration and Account Obligations
Sellers are required to:
- Provide accurate, current, and complete information during registration, including:
- Business Name
- GSTIN, PAN, and relevant licenses
- Bank account details
- Address and contact details
- Maintain the confidentiality of account credentials.
- Update any changes in registration data promptly.
Failure to meet these obligations may result in account suspension or termination.
Listing and Selling Products
- Sellers may list products that are legally compliant, authentic, and accurately described.
- Listings must include details such as product origin, price breakdown, and warranties.
- Prohibited items include counterfeit goods, restricted items under Indian law, and products infringing intellectual property rights.
Platform Usage
Sellers and Buyers agree to:
- Use the Platform solely for lawful purposes.
- Avoid uploading or sharing offensive, obscene, or illegal content.
- Adhere to all applicable laws, including but not limited to GST and FSSAI regulations.
Indian Motley reserves the right to remove any content violating these Terms or Indian law.
Payments and Commissions
- Sellers authorize Indian Motley to collect payments on their behalf.
- The Platform will deduct applicable commissions and transfer the net proceeds to the Seller’s designated bank account.
- Sellers must comply with applicable tax laws, including the issuance of GST-compliant invoices.
Intellectual Property
- Sellers grant Indian Motley a non-exclusive, royalty-free license to use product images, descriptions, and other materials for marketing and operational purposes.
- Sellers must ensure that their listings do not infringe on third-party intellectual property rights.
Liability Disclaimer
Indian Motley:
- Acts as a facilitator, connecting Buyers and Sellers, and does not own or sell any products directly.
- Shall not be liable for disputes arising from product quality, delivery delays, or misrepresentation.
Sellers indemnify Indian Motley against any claims resulting from their actions or omissions.
Account Suspension and Termination
Indian Motley reserves the right to:
- Suspend accounts for breach of Terms or legal non-compliance.
- Retain necessary records post-account deactivation for regulatory or audit purposes.
Privacy Policy
By using the Platform, you agree to our Privacy Policy governing data collection, usage, and protection practices.
Amendments
Indian Motley reserves the right to amend these Terms periodically. Sellers and Buyers will be notified of material changes via the registered email or Platform announcements.
Governing Law and Dispute Resolution
- These Terms are governed by the laws of India.
- Disputes shall be resolved through arbitration, with proceedings held in Gurugram, India and governed by the Arbitration and Conciliation Act, 1996.
