Terms & Conditions Policy

This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.inknibs.in website.

User Agreement

Your use of www.inknibs.in and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with M/s Savor E-business Retails Pvt. Ltd., a company incorporated under Companies Act, 2013 with its registered office at B – 152, RHO-II, Sector – 37, Greater Noida, Uttar Pradesh, India - 201307, hereinafter referred to as "the Platform" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

For the purpose of the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression "You" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns.

This User Agreement shall be effective and binding while using or accessing the Website in any manner. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not seek to obtain access to or otherwise use the Website.

Amendments to the User Agreement

The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

Important Disclaimers:

The following disclaimers are the key to determining any relationship between You and the Platform for Your use of the Website and for Platform providing any services on the Website:

• Platform and its suppliers/merchants, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
• The responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
• The Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
• Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee, warranty or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide You necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers listed on the Website) with respect to any dispute.
• the Platform may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and and payment facilitation under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".
• You understand, agree and acknowledge that Platform uses third party service providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as stringent as the country or state having jurisdiction over You or over the Platform. You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.

Electronic Communications

When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records (Email, SMS, WhatsApp, App Push) from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

Membership Benefits

As a registered member of Platform, your address, email-id, and other delivery details become automatically saved in the "My Account" section of the Website, accessible only to you. You can track all your orders by logging in to the "My Account" section with the User ID and Password set by you. You can save items you are interested in, using the "My Wishlist" feature, for easy purchases. Further, if you choose to opt for our e-mail updates, all information regarding new product/service additions to the Website, as well as promotional schemes, may be e-mailed to you at regular intervals.

Your Account and Registration Obligations

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.

Fees and Services

Membership and browsing on the Website is free. The Platform through various third party service providers engages in order fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page. For merchants selling their products on the Platform, the respective merchant has executed an E-Commerce Services Agreement, which contains the fee charged by us from the merchant.

Taxes

You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Use of the Website

You understand and agree that Platform and the Website merely provide services to its Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users, Merchants and are third party contents. The Website also contains various third party user generated content and material. Platform has no control over the third party user generated contents.

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

1. You are solely responsible for Your Information, and the Platform and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
   1. Belongs to another person and to which You do not have any right to.
   2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women".
   3. Harm minors in any way.
   4. 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 items.
   5. Violates any law for the time being in force.
   6. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
   7. Impersonates another person.
   8. 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, cancelbotsor other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
   9. 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.
   10. Is false, inaccurate or misleading.

1. You 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.
2. You shall not create liability for Platform or cause Platform to lose or disrupt (in whole or in part) the services of our service providers or other suppliers/merchants.
3. You 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, Information Technology Act 2000 as amended from time to time and rules there under.

Please note that in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service 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.

Platform for Communication

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 related to goods and services and after sales services related to goods and services, which terms may have been negotiated with the seller/merchant by the Platform. Platform 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. Without prejudice to the foregoing, the Platform may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.

Platform is not responsible for any non-performance or breach of any contract entered into between users. Platform cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. Platform shall not and is not required to mediate or resolve any dispute or disagreement between users.

Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Platform does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Platform does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.

Platform is only providing a platform or venue for communication and transactional support services and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. However, the invoices to be issued to the users shall be raised by the Platform. At no time shall any right, title or interest over the items vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.

Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.

Platform cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

The Platform provides access to a communication system over which information made available by You is transmitted or temporarily stored or hosted.

The responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.

Privacy

The Platform collects, stores, processes and use Your information in accordance with Platform Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Platform in accordance with the Privacy Policy. Please refer to the Privacy policy available on the Website.

Payment Facility

Platform may from time to time contract with third party payment service providers including banks to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

Breach

Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

• If you breach the User Agreement or any terms or policies of the Website.
• If your actions may cause legal liability for you, other users or Platform.

Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate authorities for initiating criminal or other proceedings against you.

Selling

You must be legally able to sell the item(s) you agree to list for sale on our Website. 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 and pictures that describe your item for sale. All listed items must be kept in stock for successful fulfillment 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 amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. 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 in any manner. You shall inform the Platform at the time of listing your product and subsequent to the listing, of all the declarations as required under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009 to be displayed on the website and ensure that the declarations on the package of the product are duly complied with and regularly updated, as and when, there is a change therein. Further, You agree to abide by the E-Commerce Services Agreement, duly accepted by You.

Brand Protection Policy

Inknibs.in “Website” is an online marketplace and an intermediary as defined by applicable laws and facilitates online sale, by third party merchants and vendors who get their products listed on the Website. Pepperfry is an intermediary who lists the products on behalf of the sellers/merchants on the website. However, the Platform may at its discretion, in accordance to the applicable laws remove content and products from the website if it determines in its sole discretion that such products/content are in violation of its policies or any applicable laws.

The Platform respects third party Intellectual Property rights and actively supports protection of all third-party Intellectual Property including Copyrights and Trademarks (“IP”). The Platform is committed to removing infringing products from the website. To facilitate this, Platform has put in place an Infringement verification process so that intellectual property owners could easily report listings that infringe their rights.

1. Report of Violations of Your Intellectual Property Rights:If you believe that your IP right has been infringed by any of our sellers/merchants, you may follow the below process:
   1. The Intellectual Property right owner or authorized agent provide the following details and email it to grievenace@inknibs.in. The email/takedown notice should contain the below information.
      1. Identification or description of the copyrighted work/ trademark that has been infringed.
      2. Clear identification or description of where the material that you claim is infringing is located on inknibs.inwith adequate particulars. Product ID / website links of infringing products (in case of copyright infringement).
      3. Your address, telephone number, and email address.
      4. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
      5. A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
      6. Brand Name (in case of Trademark infringement).
      7. Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments).
   2. Once we receive the information, we will evaluate the contents of the notice and verify the details.
   3. We may take such action as we deem appropriate in keeping with our policies and applicable laws which may include, asking further details from you or taking down the content that was the subject matter of your notice.
   4. Platform assures a takedown of any listing that infringes third party IP rights within 03 working day after being satisfied that:
      1. Ownership of the intellectual Property has been established.
      2. The infringer has been identified through proof of purchase or any other document.
      3. The claim of infringement is based on objective and reasonable basis.
   5. In the absence of the above, the Platform also delists products within 03 working day of compliance with any directions or order passed by court or any other relevant authority. Platform prohibits sale of such products on its website and penalises sellers/merchants who are found to be selling counterfeits on the Website.
   6. Exclusive or Selective Distribution: Platform respects a manufacturer's/sellers/merchants right to enter into exclusive distribution agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for the Platform to assist in enforcement activities.

Cookies

Please refer to the Cookies policy available on the Website.

Return, Refund & Exchange

Please refer to the Return, Refund & Exchange policy available on the Website.

Shipping

Please refer to the Shipping policy available on the Website.

Limitation of Liability

In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).

In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Platform's entire liability and Your sole and exclusive remedy in any circumstance is limited to the following:

If You are a seller on the Platform: as per the E-Commerce Services Agreement.

If You are a buyer: the Platform's entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price from the seller/merchant on the Website.

Other than the aforesaid, Platform shall have no liability to You.

Indemnity

You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal-to-principal basis.

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.

This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.

In Platform's sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent.

Other Complaints

In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at _______________.

Governing Law & Dispute Resolution

In case of any disagreement or dispute or difference arising out of or relating to this Agreement between the Parties, the dispute shall be resolved in the manner as outlined hereunder.

The Parties shall make every effort to resolve the dispute amicably by direct informal negotiations between them on any matter connected with this Agreement or in regard to the interpretation thereof.

If, after fifteen (15) days from the commencement of informal negotiations, the Parties have not been able to resolve the dispute amicably, such dispute or difference shall be referred to a Sole Arbitrator to be appointed after mutual agreement between the parties, whose award shall be final and binding on the parties. The Seat and Venue for such Arbitration shall be Noida (Uttar Pradesh) in India. Such Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (as amended upto date) and shall be conducted in English language.

In case, the parties fail to appoint a Sole Arbitrator, the same shall be appointed by the Courts having jurisdiction over Noida (Uttar Pradesh), which shall also have exclusive jurisdiction for enforcement of terms of this Agreement and any interim relief or award arising from the aforesaid Arbitral Proceedings.

This Agreement shall be governed by the laws of India applicable to the state of Uttar Pradesh and the Court at Noida shall have exclusive jurisdiction to adjudicate any dispute under this Agreement, subject to aforementioned Arbitration procedure.

Grievance Officer

In accordance with Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer currently is Mr. Divyanshu Solanki, with address at B-152, RHO-II, Sec-37, Greater Noida, Uttar Pradesh - 201307, with email ID: grievenace@inknibs.in, contact no.: 87007-70105.

Delete Account

If you want to delete your account, use this link: Delete Account