Terms of Service

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Terms of Service

 

This document is an electronic record in terms of 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.prostatement.com website.

User Agreement

This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use Prostatement, including any subdomains, webpages or extension of Prostatement.com; you hereby agree and acknowledge to be bound by the terms of this User Agreement.

 

The use of Prostatement and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of Prostatement by accessing or browsing the Website and/or has registered as a member of Prostatement by submitting identification information/ registration details using the computer system of Prostatement and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.

 

Amendment: Prostatement (Henceforth referred to as "Company") reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]

 

By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by Prostatement Rules and Policies for Sellers and Buyers as provided from time to time in the following hyperlinks:

 

 

Definitions

Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) Prostatement authorised Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within [3] days of booking the Transaction.

 

Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Company in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India.

 

Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on Prostatement.

 

In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on Prostatement.

 

Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case maybe.

 

Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of Prostatement at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.

 

Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, Prostatement authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting prepay as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on Prostatement.]

 

Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.

 

Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on Prostatement.

 

Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.

 

 

Prostatement authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by the Company to Buyers and Sellers to facilitate purchase and sale of items as well as making payments there for on Prostatement directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently, Prostatement authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting the Prepay mode as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on Prostatement.]

 

 

Currently the membership on Prostatement is free and the Company does not levy any charges/fees for browsing or buying on Prostatement. However, for the purposes of listing any item on Prostatement to be sold or availing other services provided by the Company through Prostatement such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the Facility Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on Prostatement. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on Prostatement and such changes shall automatically become effective immediately after they are posted on Prostatement.

 

All fees/ charges shall be quoted in Indian Rupees and shall be payable to Prostatement within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of Prostatement and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with Prostatement and disallow access to Prostatement. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.

 

If you purchase anything on Prostatement, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference.

 

If you propose to sell anything on Prostatement, you agree to also comply with the terms and conditions set out in the Policy for Sellers incorporated herein by reference.

 

The Company offers listing, packing, courier, warehousing, design and other value added services (Prostatement Logistics) to the sellers who opt to avail any of the Prostatement Logistics services agree to comply with the terms and conditions set out in Policy for Prostatement Logistics iincorporated herein by reference. The sellers will be charged for such services availed from Prostatement Logistics in accordance with the Facility Charges Policy.

 

You agree that the Company may appoint any third party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.

 

The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on Prostatement.

 

Any information provided by you to the Company or submitted to Prostatement or provide or display to other Users of Prostatement in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.

 

User Obligations

All contractual terms of the manner and terms & conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of Prostatement that you may transact with.

 

You will treat Prostatement as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of Prostatement who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.

 

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:

 

belongs to another person and to which you do not have any right to;

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" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

harm 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 shall not be fraudulent or involve the sale of counterfeit or stolen items;

violates any law for the time being in force;

deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person or use an anonymous proxy;

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, 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;

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;

shall not be false, inaccurate or misleading;

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;

may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and

link directly or indirectly to or include descriptions of items that are (i) 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 time to time and rules there under or (ii) are at the same time listed for sale on a web site other than Prostatement. You shall not promote any website or webpage or link on Prostatement.

In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to Prostatement without any notice and any such violating information that is displayed or submitted on Prostatement can be removed immediately and completely.

 

You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect Prostatement to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.

 

You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on Prostatement. You will also refrain from accessing information or databases in an unauthorized manner from Prostatement or servers where information or databases are kept.

 

You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to Prostatement and also for taking appropriate legal action.

 

In case of any transaction or attempted transaction pertaining to any item listed on Prostatement which is violating this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at info@Prostatement.com.

 

If you choose to provide feedback on Prostatement which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.

 

You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.

 

You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Company in writing.

 

You shall not attempt to 'double dip' during the course of a dispute by receiving or attempting to receive funds from the Company and/or its service providers and/or the buyer or seller as the case maybe.

 

Disclaimers

Prostatement is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of Prostatement.

 

All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Further, you understand that a listing may end if another User buys the item, or the User who made the listing chooses to end the same or if the listing expires after a stipulated period of time.

 

The Company is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on Prostatement. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users.

 

The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on Prostatement. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties.

 

The Company 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 use your best judgment and independently verify the bona fides of any particular User that you choose to deal with on Prostatement.

 

Prostatement is only a venue through which Users can reach a larger base to buy and sell unique Indian products. The Company is only providing a platform in form of the Website for communication and a hosting service for information and it is agreed that the contract for sale of any of the items 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 the Company nor shall the Company have any obligations or liabilities in respect of such contract. The Company is not responsible for unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers.

 

The Company and its suppliers, affiliates and service providers make available Prostatement and services including the Prostatement Logistics, Prostatement authorised Payment Gateway facility for electronic payment on an "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. The Company specifically disclaims any such warranty. You expressly agree that the use of Prostatement and Prostatement authorised payment gateway electronic payment facility is at your own risk.

 

You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of Prostatement and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company's reasonable efforts in that behalf. 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. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.

 

Limited liability of the Company

In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with Prostatement, Prostatement authorised payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.

 

The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, 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, information, software, text, graphics, links or communications provided on or through the use of Prostatement or that the operation of Prostatement or the Logistics Partner or Prostatement authorised payment gateway facility will be error free and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

 

The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Prostatement authorised payment gateway facility.

Any delay, failure, interruption or errors in the operation of Prostatement or the Logistics Partner or Prostatement authorised payment gateway facility.








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