Licence & IP
By accepting these Terms, the Member is granted a limited, non-exclusive and revocable licence to access the Platform in accordance with these Terms.
You agree to only use the Platform and Materials for their intended legal purposes and shall not use any or all of them to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Kharadi Online in its sole and unfettered discretion.
Kharadi Online may revoke, suspend or terminate the Member’s licence in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the Member or any of its users and where Member’s ratings are not considered acceptable by Kharadi Online. Kharadi Online will ordinarily advise the Member of any suspension or revocation however, it is under no obligation to do so.
Your licence to access the Platform and Materials shall be ongoing unless terminated by Kharadi Online in accordance with these Terms.
1. Disclaimer
The information contained on the Platform is provided in good faith on an “as is” basis. Kharadi Online does not represent or warrant the reliability, accuracy or completeness of the information contained on the Platform or in the Collective Content.
You understand and agree that Kharadi Online is not a party to any agreements entered into between the Seller and the Buyer, nor is Kharadi Online a broker, agent or insurer. Kharadi Online has no control over:
- The content contained in any Sales Listing;
- The content contained in any Member Content;
- The existence, condition, quality, safety, legality, genuineness of any Goods;
- The truth or accuracy of any pictures or description of any Goods or any other content made available to Members;
- Any discussions, negotiations and/or agreements between the Seller and the Buyer;
- Any confirmed measurements sent by the Seller and/or the Buyer;
- Any accuracy of the recommended retail price of the Goods;
- Any negotiated price with respect to the Goods;
- The ability of Sellers to sell Goods;
- The ability of Buyers to purchase Goods;
- The ability of Buyers to pay for the Goods;
- The ability of the Seller and/or Buyer to actually complete a transaction or return Goods.
Kharadi Online disclaims all liability in this regard. All sales and/or purchases are made or accepted at the Member’s own risk.
If you choose to create an Account on the Platform, you understand and agree that your relationship with Kharadi Online is limited to being a Member, and not an employee, agent, joint venture or partner of Kharadi Online for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Kharadi Online. Kharadi Online does not control, and has no right to control, your sale and/or purchase of Goods, your offline activities associated with your sale and/or purchase of Goods, or any other matters associated with your sale and/or purchase of Goods that you provide and/or receive. As a Member, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Kharadi Online, including by using Kharadi Online’s Intellectual Property, without the prior written consent of Kharadi Online.
Despite Kharadi Online facilitating the matching of Sellers with Buyers and Buyers with Sellers for the sale and/or purchase of Goods, Kharadi Online does not endorse any Seller, Buyer, Sales Listing and the sale and/or purchase of any Goods whatsoever. Kharadi Online’s matching of Sellers with Buyers and Buyers with Sellers is based solely on the information provided by the Seller and/or the Buyer in creating an Account or searching the Site. Sellers and Buyers are responsible for ensuring the accuracy, reliability and currency of all information supplied to each other and must immediately notify the other party if any information supplied changes or is inaccurate.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties other than Kharadi Online will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Kharadi Online with respect to such actions or omissions. We encourage you to communicate directly with other Members on the Platform regarding any Sales Listing and/or sales of Goods by you and/or purchase of Goods made by you. This limitation shall not apply to any claim by a Seller against Kharadi Online regarding the remittance of payments received from a Member by Kharadi Online with respect to a Sales Listing, which instead shall be subject to the limitations described in the section below entitled “Warranty and Limitation of Liability”.
Where Kharadi Online provides Policies on the Site for the co-operation and facilitation of the sale and/or purchase of Goods, Kharadi Online makes no representations and/or warranties in respect of those Policies and is in no way liable to enforce or comply with those Policies between Sellers and Buyers directly unless otherwise expressly stated.
2. Platform Intellectual Property
You acknowledge and agree that the copyright in the Platform content and the software, design, text and graphics comprised in the Site and Platform, the selection and layout of the Site and Platform, the content and materials on the Site and Platform and all other Intellectual Property in connection with the Platform (together, the “Materials”) are owned by or licenced to us.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public, the Materials without our prior written consent.
You must not frame or embed in another website any of the Materials without our prior written consent.
You may store a reproduction of the content on the Site or Platform on your local computer for the sole purpose of viewing the content and Materials; and print hard copies of the content and Materials for the sole purpose of viewing, listing or purchasing Goods, but not for any other use.
The Platform, the Materials and any ancillary materials or documents owned or used by Kharadi Online in connection with the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the Intellectual Property of Kharadi Online. You must not use any of the marks or trademarks appearing on the Platform and/or on or within Materials or our name or the names of our related bodies corporate or any of our Intellectual Property without our prior written consent.
3. Viruses
Kharadi Online does not represent or warrant that any information, files or Collective Content obtained from, through or in connection with the Platform is free from viruses or other faults or defects. You are responsible for scanning any information, files or Collective Content for viruses.
You agree that Kharadi Online has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any virus, fault or defect transmitted from, through or in connection with the Platform or the Collective Content. In any event, if Kharadi Online is found to be liable this will be limited to the cost of supplying the information, files or Collective Content again.
4. Registration
The Platform may be used to facilitate the sale and/or purchase of Goods between Sellers and Buyers.
When registering on the Platform and creating an Account, you may use the Platform as a Seller or Buyer. To access our Services, you must set up an Account with your name, email and a password. Kharadi Online encourages you to use a strong password (passwords that use a combination of upper- and lower-case letters, numbers and symbols).
You may also register with certain third-party social networking sites (i.e. Facebook). You may link your Kharadi Online account with third-party accounts or allow Kharadi Online access to our third-party accounts. You represent and warrant that you are entitled to disclose your third-party account login information to Kharadi Online and/or grant Kharadi Online access to your third-party account. Your relationship with any third-party service providers associated with your third-party accounts is governed solely by your agreements with such third-party service providers.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Accounts are personal to a Member and can only be accessed by the Member and/or their personnel. You agree to take sole responsibility for any activities or actions under an Account, whether or not you have authorised such activities or actions.
Kharadi Online reserves the right to accept or reject your request to register for an Account at its sole discretion and Kharadi Online may request additional information from you before accepting or rejecting your request to register for an Account. Failure to provide such information is likely to result in rejection of your request.
5. Using the Platform
The Member acknowledges and agrees that:
- The Member will not breach any laws, third party rights, these terms and conditions and/or any Policies.
- The Buyer will not fail to pay for items purchased by the Buyer, unless the Buyer has a valid reason (i.e. the Buyer cannot contact the Seller).
- The Member will not post false, inaccurate, misleading, deceptive or defamatory content.
- The Member will not transfer the Account to another party.
- The Member will not infringe any Intellectual Property Rights belonging to Kharadi Online and/or any other third party or post content that does not belong to you.
6. Sales Listing Fee
The fee we charge for using our Services is the Sales Listing Fee. To create a Sales Listing, you may be asked a variety of questions about the Goods. Sales Listings will be made publicly available via the Platform. Buyers will be able to purchase your Goods via the Platform based upon information provided in your Sales Listing.
On submitting a request for a Sales Listing on the Platform, you will be required to supply payment information to Kharadi Online (or an authorised billing representative of Kharadi Online). This payment information may include, for example, credit/debit card details (“Payment Details”). All Payment Details supplied to Kharadi Online will be retained and used by Kharadi Online in accordance with these Terms and the Privacy Policy available on the Site and Platform. You must ensure that the Payment Details you supply are correct and complete. Failure to pay the Sales Listing Fee as and when due to Kharadi Online under these Terms may result in the rejection of your request for a Sales Listing and/or your Account being suspended or terminated.
All fees and charges shown on the Platform and identified in these Terms are in INDIAN RUPEE (INR) and are inclusive of any applicable GST or VAT (unless otherwise indicated).
If the Seller cancels a Sales Listing once paid for by the Seller, the Seller will not be entitled to a refund of the Sales Listing Fee on a change of mind basis.
7. Selling
As a Seller, you may create a Sales Listing for each sale of Goods. When listing Goods, the Seller acknowledges and agrees that:
- The Seller is responsible for the accuracy and content of the Sales Listing and Goods offered.
- The Seller will include the condition of the Goods to be sold, complete and accurate details of the Goods and describe any defects and/or flaws in the Goods.
- The Seller must only include one item in one Sales Listing and must not change the listing to another item.
- The Seller will include large and clear photographs of the actual Goods for sale and of any defects and/or flaws in the Goods.
- The Seller must not use copyright photographs without permission or use photographs that do not accurately represent the item for sale.
- The Seller must provide an accurate retail price of the Goods, minus taxes and alterations.
- The Seller must not provide an inflated retail price to increase the discount offered or increase the asking price unless this is to fix an error or list any item for more than 90% of the retail price.
- The Sales Listing may not be immediately searchable for several hours;
- Any Member Content which violates these terms and conditions, or any Policies may be modified and/or deleted at Kharadi Online’s sole discretion.
Kharadi Online does charge 5% commission on sale. Kharadi Online reserves the right, at any time and without prior notice, to remove or disable access to a Sales Listing for any reason.
