TERMS AND CONDITIONS FOR USE OF SERVICES AT BrentekComputer
INTRODUCTION
These terms and conditions ("Terms and Conditions") and all applicable Policies (as defined below) which are herein incorporated by way of reference govern your rights and obligations as a User (defined below) of the BrentekComputer Platform (defined below) while accessing and using the BrentekComputer Platform and/or availing the Services (defined below) and/or Indirect Services (defined below), as may be rendered by Brentek Computer, a company incorporated under the provisions of the (Indian) Companies Act, 1956, having its registered office at ______________, ("BrentekComputer") through the 'BrentekComputer web (www.BrentekComputer.com or any other portal/subdomain as may be launched from time to time including mobile and web applications and voice integration.) ("BrentekComputer Platform") to Users from time to time. Any reference to "you" or "User" or "User" in these Terms and Conditions, means you, the User of the BrentekComputer Platform, buying or selling the Products (below) and/or availing any of the Services and/or Indirect Services available on the BrentekComputer Platform. As a User, your access to and use of the BrentekComputer Platform are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times. By accessing, browsing and/or using the BrentekComputer Platform and/or availing any of the Services and/or Indirect Services, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the BrentekComputer Platform and/or Services and/or Indirect Services being provided by BrentekComputer ("Policies"), as may be modified by BrentekComputer from time to time, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. BrentekComputer shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its Policies relating to the provisions of Services and/or Indirect Services on the BrentekComputer Platform, at any time without any prior written notice or intimation. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the BrentekComputer Platform periodically and keep updated.
User Eligibility
The Services and the Indirect Services on the BrentekComputer Platform are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the BrentekComputer Platform ("User"). Any person using the Services and/or the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorized to accept the Terms and Conditions and the Policies by the User and that such person has the authority to bind the User to these Terms and Conditions and the Policies.
Services
BrentekComputer Platform
BrentekComputer Platform is a platform provided by BrentekComputer to its Users to list their Products on the BrentekComputer Platform and to buy the Products listed on the BrentekComputer Platform by various Users registered with BrentekComputer. It is hereby clarified that BrentekComputer is not a party to any transaction between the Users (being a User buying a Product and being a User selling its Products) of the BrentekComputer Platform and shall not be responsible in any manner whatsoever for any representations made by a User on the BrentekComputer Platform.
Listing on the BrentekComputer Platform
BrentekComputer provides the Users with the BrentekComputer Platform to display and showcase merchandise/tangible products manufactured and/or distributed by the Users and intangible products such as digital content through various media including but not limited to audio content, video content, games, etc., distributed by third parties ("Products") and for sale and purchase by other Users ordering and buying the Products on the BrentekComputer Platform. BrentekComputer shall also provide such other services as may be included and modified by BrentekComputer from time to time. BrentekComputer may charge the User selling the Products, for the Services and/or the Indirect Services rendered from time to time. The fees payable by the User selling the Products, may include, listing fees, evaluation fees, commission on the Product sold, transaction processing fees, integration fees, any other fees as may be levied from time to time in relation to the Services and/or Indirect Services availed by such User. The Services and Indirect Services are governed by these Terms and Conditions and all applicable Policies of the BrentekComputer Platform, as may be amended from time to time and shall be deemed to be incorporated in these Terms and Conditions by way of reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services and/or Indirect Services shall be subject to these Terms and Conditions.
Local Listing and National Listing
The Users selling the Products (excluding intangible Products) can list the Products for sale in the local areas as specified by BrentekComputer from time to time and for national listing, subject to such User paying the appropriate Seller Top-up Amount (as defined below) and meeting the following eligibility criteria:
(i) Local listing: The User should be a retailer, trader or wholesaler selling the Products in the local areas specified by BrentekComputer and shall provide the Products to the BrentekComputer's logistic partner within the timelines specified by BrentekComputer from time to time, to ensure that the Products are delivered to a User buying the Products, on the next day of such order being placed;
(ii) National listing: The User should be a manufacturer, importer or brand owner of the Products.
Delivery of Products
BrentekComputer shall undertake delivery of the Products (excluding intangible Products) ordered by a User buying the Products on the BrentekComputer Platform either directly or indirectly through its logistic partners ("BrentekComputer Distribution Network"). BrentekComputer shall through the BrentekComputer Distribution Network, pick-up the Products from the User selling the Products (excluding intangible Products) and deliver such Products (excluding intangible Products) to the User buying the Products (excluding intangible Products) in accordance with delivery and shipping policy of the BrentekComputer Platform provided under Section 8 herein below.
In case of intangible Products such digital content, the User buying the Product shall view and/or download the Product from the BrentekComputer Platform or such third party web platform that the User may be directed to through the BrentekComputer Platform. Once the User buying the Product views and/or downloads such intangible Product, the delivery of the Product for the purposes of these Terms and Conditions shall stand completed.
Indirect Services
In addition to providing a platform to the Users for listing the Products on the BrentekComputer Platform, BrentekComputer shall from time to time provide additional services including setting up web platforms or e-commerce platforms for Users to directly display and showcase its Products, create advertising space wherein Users can advertise their Products ("Indirect Services"). The list of Indirect Services may be amended and modified by BrentekComputer from time to time at its sole discretion and option. The User hereby agrees and undertakes that such Indirect Services may be offered by BrentekComputer from time to time at such additional charge as may be intimated to the User availing the Indirect Services from time to time.
As part of the Indirect Services, BrentekComputer may either directly or through third party service providers offer Indirect Services which shall include setting up independent web platforms or e-commerce platforms, integration on Facebook page for Users, providing advertisement space for increasing the visibility of a User on the BrentekComputer Platform, third party web platforms, newspapers, radio and such other medium and other financial consultancy and visioning services as may be intimated and offered by BrentekComputer from time to time as part of its Indirect Services. In order to avail these Indirect Services, the User shall be required to provide certain additional information or signing up fees and/or service fee as may be required by BrentekComputer from time to time. BrentekComputer shall have the absolute right to use this information, including providing such information to a third party service provider engaged by BrentekComputer for providing the Indirect Services. It is hereby clarified that for the Indirect Services availed by an User which is to be provided by third party service providers, the User shall in addition to these Terms and Conditions and Policies will also be governed by the terms and conditions as may be agreed upon between BrentekComputer and the third party service provider, and the User availing such additional services through BrentekComputer shall at all times be bound by the terms and conditions agreed between BrentekComputer and the third party, and in this regard the User authorizes BrentekComputer to accept such additional terms and conditions of a third party service provider on its behalf. BrentekComputer makes no representations and warranties as to the safety of the information transmitted to any third party providing the aforementioned Indirect Services and BrentekComputer shall not in any manner be liable either to the User or to the third party in this regard.
Payment gateway services and delivery of Products
In the event the Products (excluding intangible Products) listed by a User on the BrentekComputer Platform are directly purchased from such User, then upon receipt of a prior written request from such User selling the Product, BrentekComputer may at its discretion facilitate/arrange associated services for such User including, payment gateway services for the payment and logistical support for pickup and delivery of the Products in relation to a sale solicited through the BrentekComputer Platform, which shall be governed by these Terms and Conditions and a fee, as intimated by BrentekComputer from time to time, shall be payable by the User being the seller to BrentekComputer as per the Terms and Conditions and the Policies.
The aforementioned Services and Indirect Services are governed by these Terms and Conditions and applicable Policies of the BrentekComputer Platform, as may be amended from time to time and as will be incorporated in these Terms and Conditions and the Policies by reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms and Conditions.
Terms of Use
Use of the BrentekComputer Platform
It is hereby clarified that all Products listed by the Users and/or a third Party and the content advertised are provided by the Users registered with the BrentekComputer Platform and/or a third party and are third party user generated content. The User agrees and acknowledges that it has had the opportunity to independently investigate, analyze and construe the business opportunity being offered under these Terms and Conditions.
Use of the BrentekComputer Platform
The User, selling its Products, shall at its own, provide all relevant material and price information/deals and offers related to the Products to BrentekComputer for including the said information and details on the BrentekComputer Platform. All such information shall be provided to BrentekComputer at least 5 days in advance of listing the Products on the BrentekComputer Platform and shall be in the manner prescribed by BrentekComputer from time to time.
The User, selling the Products, shall duly comply with all requirements specified in these Terms and Conditions and all other applicable Policies of the BrentekComputer Platform as may be amended from time to time by BrentekComputer
The User, selling the Products, shall not offer out-of-stock or expired Products for sale and shall be solely liable for quality, quantity, efficiency and the User's ability of selling the Products. BrentekComputer shall not be responsible for the quality, quantity, stability, or other specifications of the Products offered to be sold and purchased on the BrentekComputer Platform. BrentekComputer shall not be responsible for any errors or omissions in relation to the Products.
The User, selling its Products, shall be solely responsible for accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products offered on the BrentekComputer Platform. The rates provided to BrentekComputer for display on BrentekComputer Platform shall at all times include all applicable taxes, Fees, charges and any other payments due to any other parties by the User. The User selling its Products on the BrentekComputer Platform agrees that it shall keep BrentekComputer indemnified as per Section 9 of these Terms and Conditions.
The User, selling a Product, confirms and undertakes ownership of the Products and confirms that it shall at all times have marketable and legal ownership and title in respect of all Products offered on the BrentekComputer Platform and shall pass on marketable and legal ownership and title to User buying the Product upon completion of Transaction.
A User, selling the Products, shall inform BrentekComputer of the terms of sale of its Products and conform to the return and refund policy as specified in Section 9 of these Terms and Conditions and the Delivery and Shipment Policy displayed on the BrentekComputer Platform offered by BrentekComputer for completing Transactions.
A User selling the Products on the BrentekComputer Platform shall comply with all applicable laws and regulations in offering the Products and shall ensure that all requisite approvals, licenses and registrations as required under applicable laws and regulations are kept in full force and effect to enable such User to offer the Products for sale through the BrentekComputer Platform and will not do or permit anything to be done which might cause or otherwise result in a breach of these Terms and Conditions and Policies or cause any detriment to the Transactions herein envisaged.
All complaints relating to the Products purchased from the BrentekComputer Platform shall be routed through the User complaint/redressed mechanism provided on the BrentekComputer Platform. The User being the seller shall be responsible to resolve any complaints regarding the Product that may be raised by User being the buyer and other complaints to the satisfaction of the User being the buyer. BrentekComputer shall only be the facilitating link between the User buying the Products and the User selling the Product for any complaints in relation to the Products sold. The User selling its Products agrees and confirms that all customer complaints, Product complaints and Transaction failure complaints shall solely be to its account and it shall undertake all necessary steps as may be required as per the complaint/redressed mechanism of BrentekComputer to resolve the complaints at its own initiative and cost. Further, such User acknowledges that BrentekComputer shall not in any way be responsible for ensuring resolution of the complaints and BrentekComputer shall not in any manner either directly or indirectly be liable for any claims made by an User in relation to the Products provided on/ through the BrentekComputer Platform.
The User does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 ("IT Act") as also rules, regulations, guidelines, byelaws and notifications made thereunder, [while assessing or feeding any information/data into the computers, computer systems or computer network of BrentekComputer]. The User does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, byelaws and notifications made thereunder, the User shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
The User shall keep confidential, all information it receives by transacting on the BrentekComputer Platform. Breach of this Section and terms of the Privacy Policy displayed on the BrentekComputer Platform by a User will be considered a material breach and result in immediate discontinuation of the Services and/or Indirect Services by BrentekComputer to such User. Breach of confidentiality provisions by a User shall cause immediate termination and appropriate legal action being initiated against such User by BrentekComputer.
The User acknowledges that it shall take all precautions as may be directed by BrentekComputer to ensure that there is no breach of security and integrity of the BrentekComputer Platform. BrentekComputer shall not be responsible for any loss incurred by a User for a failed / incomplete Transaction on the BrentekComputer Platform.
The User acknowledges that BrentekComputer has no connection or interest whatsoever in the business of the User and/or third party selling the Products on the BrentekComputer Platform or the Products marketed by such Users and/or third party and BrentekComputer does not in any manner take part in the business of the User and/or third party, directly or indirectly and is not responsible for the Products provided by the User and/or third party. A User buying a Product hereby acknowledges that before placing an order for a Product the User being the buyer has performed a diligence and background check of the User and/or third party selling the Product and is entering into the Transaction being aware of the Terms and Conditions. The User further acknowledges that Services and Indirect Services being provided by BrentekComputer is being provided by it as an independent contractor, and BrentekComputer is in no manner acting as an agent of either the User or of the third party.
The User acknowledges that the BrentekComputer Platform shall provide information pertaining to other Users and/or third party availing the Services and/or Indirect Services and information pertaining to BrentekComputer. The User hereby agrees that it shall not copy, modify, distribute or misuse any information provided on the BrentekComputer Platform for its personal use or gain. The User acknowledges that BrentekComputer is the sole and rightful owner of the Intellectual Property and the User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these Terms and Conditions. "Intellectual Property “shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to BrentekComputer
The User further acknowledges that BrentekComputer may collect, transfer, store and use the information provided by such User on the BrentekComputer Platform for the purpose of providing the Services and the Indirect Services.
The User acknowledges that BrentekComputer's liability with respect to the Services and Indirect Services shall be limited and shall be as per these Terms and Conditions. BrentekComputer reserves the right, in its sole discretion and without assigning any reason, to exclude certain Products offered by a User from being displayed for sale on the BrentekComputer Platform, wherein such Products are deemed unfit or unsuitable by BrentekComputer at its sole discretion.
The User agrees and confirms that the sole and exclusive responsibility and obligation of BrentekComputer is to ensure that the Services and Indirect Services are being provided in compliance of all applicable laws, rules and regulations.
The User acknowledges that the services to the BrentekComputer Platform may be interrupted while browsing, transacting, using or uploading information on the BrentekComputer Platform. The User further agrees that BrentekComputer reserves the right to suspend the Services and/or Indirect Services, forthwith without assigning any reason whatsoever, at the sole discretion of BrentekComputer.
The User agrees that, if it does not agree to the applicability of any of the Terms and Conditions and the Policies contained herein or other Policies on the BrentekComputer Platform, then the only remedy a User shall have will be to not use the Services and discontinue using its account on the BrentekComputer Platform. However till such time that the User uses the BrentekComputer Platform and avails the Services and/or the Indirect Services it shall be deemed that the User agrees to and shall continue to adhere and abide by the Terms and Conditions and the Policies.
The User agrees and confirms that the payment gateway and logistic support services are being provided by BrentekComputer on a best efforts basis with all efforts to keep these valid and subsisting. BrentekComputer shall not in any manner be liable to a User for failure or delay in providing these indirect services.
A User will be required to provide a valid phone number in order to avail the Services and/or Indirect Services provided by BrentekComputer, including and not limited to placing orders for buying the Products. By registering their phone number with BrentekComputer, the User consents to be contacted by BrentekComputer via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
The User undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which a User does not have any right to;
(ii) is grossly harmful, harassing, derogatory, slanderous, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, threatening, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or abusive in any nature or any information that advocates violence against any individual or group or is otherwise unlawful in any manner whatever;
(iii) harms minors in any way
(iv) infringes any patent, trade secret, trademark, copyright or other proprietary rights or rights of publicity or privacy of any third-party;
(v) violates any law for the time being in force;
(vi) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person or includes identity documents and/or personal information including financial details;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or transmits, through any medium, computer viruses of any kind including Trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer program which facilitates hacking of computer system with the intent of damaging or interfering with any computer system or computer network or intercepts any system, information or personal data;
(ix) threatens the unity, integrity, defense, 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;
(x) relates to prostitution or any other service in the nature thereof that purports to violate the provisions of the Immoral Traffic (Prevention) Act, 1956 and the Indecent Representation of Women (Prohibition) Act, 1986 and/or any prevailing reasonable standards of morality and decency; or
(xi) any information that is fraudulent, misleading and/or misrepresenting as to the nature of the goods and services or pertain to the sale of any illegal, counterfeit, stolen or unauthorized goods and/or services.
The User, and/or third party selling the Products on the Site shall ensure, at all times, that any of its Products which are listed on the BrentekComputer Platform is not:
(i) alcoholic beverage, liquor, tobacco product, drug, narcotic, any psychotropic substance, medicine, intoxicant of any nature, any substance of curative nature, any good or service which is prohibited under any law in force including but not limited to the Drugs and Cosmetics Act, 1940, the Narcotic Drugs and Psychotropic Substances Act, 1985, the Indian Penal Code, 1860 and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1955;
(ii) any living or dead body of any human being and/or any part of human being preserved in natural or artificial manner, including but not limited to blood, organ or bodily fluids;
(iii) any living or dead body of any creature and/or any part of the creature preserved in natural or artificial manner, including but not limited to rugs, skins, specimens of any creature, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, any animal product which is prohibited from being sold and/or bought under any law in force including but not limited to the Wildlife Protection Act, 1972 or the Environment (Protection) Act, 1986;
(iv) any object and/or information including but not limited to books, artifacts, idols, scriptures or paintings which is in relation to any religion or belief and/or is likely to involve and/or evoke, in any manner, religious sentiments of any individual or group;
(v) any cinematograph, video, graphic or any other material the display, use, public exhibition and/or sale of which is prohibited under any law in force and/or includes any subject-matter which offends the prevailing reasonable standards of morality, decency and/or propriety or is likely to be repulsive or offensive in any manner whatsoever so as to deprave any individual's mind;
(vi) any artifact, antique or any material treated as a treasure the use, storage or collection of which is prohibited under any law in force including the Antiquities and Art Treasures Act, 1972;
(vii) any good, object, service or material which is counterfeit, stolen, unauthorized, illegal and/or pirated;
(viii) any good, object, service or material which is likely to infringe or pass off any third-party intellectual property or is likely to interfere, in any manner whatsoever, with a third-party's right to privacy and/or publicity;
(ix) is hazardous or dangerous in nature or is likely to cause harm to any person's body or property including but not limited to hazardous chemicals, pesticides and/or any other material found or used in fireworks, explosives and/or destructive devices;
(x) any weapon or item which is likely to inflict harm on an individual's body and/or property including but not limited to firearms or any of its parts, ammunitions, tear gas, switchblade knives, or any other device or item prohibited under any law in force including but not limited to the Indian Arms Act, 1959;
(xi) a lottery ticket, sweepstakes entry, slot machine or any other device, object or service related to gambling or a similar activity;
(xii) any item which does not conform to the prescribed standards under any law in force including but not limited to the Food Adulteration Act, 1954;
(xiii) any item which is or has, in any part, Government symbols, emblems, items or insignia including military badges, uniforms and any other material, symbol or item the use of which is limited or prohibited under any law in force including but not limited to the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Flag Code of India, 2002;
(xiv) any security within the meaning of the Securities Contract Regulation Act, 1956, including but not limited to shares, bonds, debentures and/or any other financial instrument or asset of any description;
(xv) any scheme which is listed for the purpose of defrauding other users including but not limited to pyramid schemes, multi-level marketing and those schemes which are abusive, duplicate, fraudulent and/or spam; or
(xvi) Any offensive material intended for use in any sexual setting, display of sexual activity, material relating to items intended for use in sexual activity including Products with graphic adult language.
(xvii) Any other product, item, material or service which, as per the sole and absolute judgment of BrentekComputer:
(a) Is inappropriate;
(b) Is listed under the improper or wrong category of products;
(c) Involves duplicate listing;
(d) Involves incorrect location or city of listing; or
(e) Involves international listing.
The User and/or third party, listing and/or selling its Products on the BrentekComputer, Platform explicitly acknowledges and agrees that BrentekComputer has the right to remove any of the Products listed by the User and/or third party on the BrentekComputer Platform in the event the Product falls under any of the above-mentioned categories, as per the sole and absolute discretion of BrentekComputer.
Fee and Delivery Fee
BrentekComputer will charge a transaction fee of 3% of the value of a transaction per Transaction in the case of a local listing and 4% in case of Mobile and Tablets and 7% of the value of a transaction per Transaction in the case of a national listing other than Mobile and Tablets plus service tax ("Fee"). The above Fees/commission is subject to change from time to time and is on the sole discretion of Company. In this regard a "Transaction" shall mean once a Product is delivered to the User being the buyer and the User is satisfied with the Product received by it and does not return the Product to the User being the seller.
In the event, in the case of a national listing, the User selling the Products shall have the option to not pay the Seller Top-up Amount at the time of availing the Services and BrentekComputer shall have the right to deduct the Fee directly from remittances made by the User buying the Products. In such cases, the Fee payable for the Services being provided by BrentekComputer shall be paid as per these Terms and Conditions.
The User selling the Products, hereby undertakes and agrees that any claim in relation to the reconciliation of his/her account shall be raised by such User within 90 (Ninety) days from the date of settlement of its account in accordance with these Terms and Conditions . It is hereby clarified that any claim raised after the completion of the aforementioned 90 (ninety) day period, shall be invalid and BrentekComputer shall have no liability in this regard.
In case of a national listing, if a User selling the Products opts to deliver the Products through the BrentekComputer Distribution Network, BrentekComputer shall have the right to levy additional delivery fees as per the slab below, which will be deducted from the remittance made by a User buying the Products, in relation to a Transaction ("Delivery Fee"):
Further, all service tax, entry tax, Octrai and other taxes shall be deducted from the remittance made by a User being the buyer of the Product in addition to the delivery fee.
It is hereby clarified, in case of a local listing; all Products shall be delivered through the BrentekComputer Distribution Network
The aforementioned Fee and Delivery Fee terms shall not be applicable for third parties providing the intangible Products through the BrentekComputer Platform and the same shall be governed by the agreement executed between such third party and BrentekComputer.
RIGHTS AND OBLIGATIONS OF THE USER BEING SELLER
The User and/or third party selling the Products shall be solely responsible for:
procuring and keeping all licenses, registrations, authorizations and clearances under applicable laws valid with respect to the Products and the business carried on by the User selling the Products, from time to time, including all municipal local, state and central registrations and permits for safe storage of the Products within the designated area, sales tax registrations etc.
all statutory compliances and timely payment of all statutory dues, including and not limited to taxes, cesses etc. relating to sale of Product by the User and/or third party being seller to the User being buyer through the BrentekComputer Platform/User/third party site, as and when the dues become payable to the relevant statutory authorities.
the clearance of the Products from customs in case of imported Products, clearance of Products in case of inter-state movement and timely filing of all statutory returns including sales tax returns; obtaining sales tax assessment orders etc. at its own cost and expense (if applicable); and
Providing standard manufacturers or seller warranty associated with the Products. The User being seller shall issue a suitable, duly stamped, manufacturer's warranty card to the User being buyer with the Product (if applicable).
The User hereby agrees to accept all returns of the Products (excluding intangible Products) which are refused/not delivered to/not accepted by a User buying the Products, at the time of delivery in accordance with the terms of Section 9 of these Terms and Conditions. BrentekComputer will not charge anything for RTO/Return shipments to User. In the event the Product is not delivered to the User buying the Product, the same shall be returned to the User being seller. In the event of any Product returned by the User being buyer, the BrentekComputer shall be entitled to refund the payment made by the Buyer and adjust it from the amount payable by BrentekComputer to the User being seller. The User being seller hereby agrees that any Product which is returned by the User being buyer shall be delivered within a period of 60 (Sixty) days from the date of pickup of such Product from the User being seller
The User unless specifically provided for in any other agreement executed between the User and/or third party and BrentekComputer in relation to the Services and/or Indirect Services, shall comply with all these Terms and Conditions and the Policies pertaining to the use of BrentekComputer Platform, which are available on www.BrentekComputer.com and the same shall form part of any such agreement. In case of contradiction between agreement and these Terms and conditions updated on website from time to time, these Terms and Conditions will prevail over the agreement unless until stated otherwise in writing.
The User and/or third party, selling the Products acknowledges that it shall at all times have marketable and legal ownership and title in respect of all Products offered on the BrentekComputer Platform and shall pass on marketable and legal ownership and title to the User buying the Products, upon completion of a Transaction. The User and/or third party will be the owner and all the ownership rights and property of, in and upon the Products and any other property entrusted to BrentekComputer and/or the authorized representative of BrentekComputer for the conduct of activities under these Terms and Conditions, until transferred to the User buying the Products, shall vest in the User selling the Products.
The User and/or third party selling the Products hereby undertakes that all Products which would be displayed or sold through the BrentekComputer Platform or delivered through the BrentekComputer Distribution Network are allowed to be sold in India as per applicable laws and the Products handed over to BrentekComputer by the User for delivery/ distribution shall at all times comply with the specifications for delivery/ distribution under applicable laws, including without limitation the rules and regulations of the International Air Transport Association (as applicable) and the Motor Vehicles Act, 1988 read with the applicable rules.
The User and/or third party selling the Products hereby agrees and acknowledges that BrentekComputer, shall, in relation to the Services and/or Indirect Services being provided by it in accordance with the terms of these Terms and Conditions, have the right to collect payments from the User's buying the Products and manage the logistics in the manner it deems appropriate, for and on behalf of the User and/or third party selling the Products. The User hereby assigns all rights in relation thereto.
The User and/or third party selling the Products hereby grants BrentekComputer and its associates and representatives for the purposes of Services and/or Indirect Services to rendered in accordance with these Terms and Conditions, a non-exclusive, royalty-free, sub-licensable, limited license to use, display and reproduce the trademarks, service marks and logos and/or any other content provided by the User to BrentekComputer for display on its BrentekComputer Platform and/or the User website. The User and/or third party hereby confirms that it has the requisite right/permission to use the said marks, logos and/or other content as may be provided by it to BrentekComputer, and to grant permission to use as stated herein. Without prejudice to the other rights available to BrentekComputer under these Terms and Conditions and the Policies, or under applicable law, the User and/or third party undertakes to keep BrentekComputer, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of use of the trademarks, service marks and logos and/or other content provided by the User and/or third party to BrentekComputer for display on the website of BrentekComputer or the User and/or third party site.
The User and/or third party has necessary permissions for selling the Products online at the discounted rate. User and/or third party also has necessary permission to publish logo of the brands pertaining to the Products listed on the BrentekComputer Platform (if applicable).
Goods travelled through BrentekComputer distribution network is covered under transit insurance and any damage or loss to those goods will be paid by insurance company to the seller as per the terms of Insurance company provided that all the relevant documents are provided by the Seller
MODE OF PAYMENT FOR PURCHASE OF PRODUCTS BY A USER
A User buying a Product using the BrentekComputer Platform may make the payment using any of the payment methods available on the BrentekComputer Platform. It is hereby clarified that the cash on delivery option shall not be available to Users buying an intangible Product such as digital content through the BrentekComputer Platform. By purchasing a Product using the BrentekComputer Platform, the User authorizes BrentekComputer or its authorized representatives to collect, process, facilitate and remit the payments to the User selling the Product.
By purchasing the Products using the BrentekComputer Platform and authorizing BrentekComputer to process the payment, the User agrees, accepts and understands that BrentekComputer as part of its Services and/or Indirect Services, is only a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the sale and purchase of the Products.
The User buying a Product, understands that by ordering a Product using the BrentekComputer Platform, the User buying the Product is entering into a binding agreement with the User selling the Product to purchase the Product using the payment facilities available on the BrentekComputer Platform.
PAYMENT TO USER'S SELLING THEIR PRODUCTS ON THE BrentekComputer PLATFORM
Notwithstanding anything contained in these Terms and Conditions, the User selling its Products Pan India i.e. on national level shall be entitled to receive payments for the Products sold through the BrentekComputer Platform within 15 (fifteen) days from pickup of Product subject to Product being delivered to User being buyer and same not being returned. In case of local area deliveries, the User selling its Products shall be entitled to receive payments for the Products sold through the BrentekComputer Platform within 2 (Two) days from date of delivery of Product, subject to Product being delivered to User being buyer and same not being returned or as per the prevailing payment policies of BrentekComputer. The User hereby agrees that BrentekComputer shall be entitled to deduct the Fee in relation to each Transaction, payable by a User to BrentekComputer for the Services against the payments required to be made by BrentekComputer to the User for the Products sold through the BrentekComputer Platform. However, a User shall not be entitled to receive payments for the Products sold through the BrentekComputer Platform from BrentekComputer, if:
any transaction is suspected to be or is unlawful or unenforceable, as determined by BrentekComputer in its sole discretion; or
if a Transaction is not completed or any Product sold through the BrentekComputer Platform is returned by a User being buyer of the Product or remains undelivered to the such User being buyer of the Product; or
BrentekComputer ceases to render the Services to a User, including for reasons that may have been separately provided for in these Terms and Conditions or a related agreements/ Policies, whether expressly stated in these Terms and Conditions and the Policies or not.
If User has used BrentekComputer discount vouchers maliciously or fraudulently.
The User, selling its Products, shall at all times, be liable to pay and shall pay all applicable taxes (including any applicable withholding taxes) in relation to all sales of the Products made through the BrentekComputer Platform by way of utilizing the Services. The User listing the Products for sale of the Products Pan India i.e. national listing shall provide an all-inclusive price for the Products and in the case a User is listing the Products for local listing only, shall provide a price that is approved by BrentekComputer, for display on the BrentekComputer Platform, including all taxes, regulatory payments, service charges and other Transaction related charges.
All payments required to be paid by BrentekComputer to the User for the sale of a Product under these Terms and Conditions and the Policies shall immediately be suspended till such time as BrentekComputer deems fit in its sole discretion, in the event that such User commits any fraud or violates any law or legal requirement or breaches these Terms and Conditions or any of the applicable Policies.
The User selling its Products accepts and confirms that the account reconciliation and payment mechanism offered by BrentekComputer is fair and adequate for sale of the Products through the BrentekComputer Platform.
The aforementioned payment terms for Users selling the Products shall not be applicable for third parties providing the intangible Products through the BrentekComputer Platform and the same shall be governed by the agreement executed between such third party and BrentekComputer.
DELIVERY & SHIPPING OF PRODUCTS TO USERS
The User being seller has the option of delivering the Products on its own or availing the services of BrentekComputer in relation to delivery by the logistic partner(s) of BrentekComputer as per the delivery and shipping policy of the Products specified below. It is hereby clarified that in the event the User opts for availing the services of BrentekComputer in relation to delivery, a delivery charge as specified on the BrentekComputer Platform may be payable by the User buying a Product on account of delivery of the Product by BrentekComputer ("Delivery Charge").
It is hereby clarified that provisions of Section 8.1 shall not be applicable for intangible Products purchased by the User and the delivery of such intangible Products shall be in accordance with Section 3.3.2 above.
Delivery locations:
BrentekComputer ships Product(s) to most locations within India. For logistical reasons, we are unable to deliver to some locations which are unserviceable. These locations keep on changing and depend on serviceability by our logistics partners. AskemBazaar does not deliver items internationally. The User buying the Products will be able to make purchases on the BrentekComputer Platform from anywhere in the world, however the delivery address should be in India.
Delivery time:
In the case of local area deliveries, as specified on the BrentekComputer Platform, the Product(s) shall be shipped the next day from the time of successful placement of order by a Buyer subject to the availability of the Product with the User selling the Products. In case of national deliveries, outside the local area deliveries, as specified on the BrentekComputer Platform, the Product(s) will be shipped and delivered to the User buying the Products, within 12 (Twelve) working days of placing the order, depending on the availability of the Product with the User, selling the Products and serviceability of delivery location. In some cases it may take more than 12 (Twelve) working days, due to the geographical location of the User buying the Product.
Delivery Charges:
BrentekComputer usually provides free delivery to Users buying a Product on all orders. If any delivery fee is charged from the Buyer this will specifically be indication to the Users buying a Product while the Users buying a Product, places the order or later or through any mode of communication. If delivery charge is conveyed after placing the order by the Users buying a Product, the order will be shipped only after receiving written confirmation from the Users buying a Product. A User buying a Product, hereby agrees that in event the value of the Product is less than INR 200, BrentekComputer shall be entitled to charge INR 25 (Rupees Twenty Five) per such Product.
Failure to receive order:
The logistics partner(s) of BrentekComputer shall make all reasonable efforts to deliver the Products ordered by the User buying the Product, at the address communicated by it at the time of placement of the order. However, if the User buying the Product is not able to take delivery of the Product, the same would be returned back to the User selling the Product. In the event, the User buying the Product requests BrentekComputer to resend the Product(s), the same would be resent only if the Product is available with the User selling the Product. In case of such an event, the User selling the Product may at its discretion levy additional delivery charges. In the event, the User selling the Product is unable to send/ resend the Product due to its non-availability with the User selling the Product, the amount/ price paid for the Product by the User selling the Product shall be reversed to the User buying the Product account where payment has been made through payment gateways. No such refund due to non -deliverability will be applicable to orders placed with cash on delivery options.
Part Delivery: BrentekComputer: may dispatch the ordered Product(s) in separate parcels and on different dates.
Delivery for Cash on Delivery Orders: All cash on delivery order payments have to be made at the time of order delivery to our logistics partner. The Product(s) would be handed over to the User buying the Products only after receipt of the payment for the Product(s).
Order Tracking: BrentekComputer will make best efforts to keep the User buying the Products informed about its order. However, the User buying the Products can also contact the customer care centre of BrentekComputer to enquire about the status of its order.
RETURNS, REFUND AND CANCELLATION BY A USER BUYING A PRODUCT
For Products purchased on BrentekComputer, in the event the User has any concern with the Product, the User shall inform BrentekComputer within 48 Hours by raising a complaint at http://support.BrentekComputer.com or call on ________. BrentekComputer will process the return and refund process as per the return policy as specified in this section.
In case of electronics ( like Mobile, fridge, TV, Washing Machine etc.), return can be made only (i) in case the Product delivered to a User buying the Product is in non-working conditions or (ii) the electronic Product is returned in seal packed box by the User being buyer or (iii) if there are no service centers near the location of the User buying the Product in relation to the faulty electronic Products.
In case of Industrial goods return will be accepted only in case of wrong, defective, damaged product.
In Case o For Products purchased on BrentekComputer, in the event the User has any concern with the Product, the User shall inform BrentekComputer within 48 Hours by raising a complaint at http://support.BrentekComputer.com or call on ________. BrentekComputer will process the return and refund process as per the return policy as specified in this section.f Faulty electronics product, buyer need to contact nearest service center for repair/ replacement.
All electronics and Precious Jewellery products must be in new and unopened condition with all the original packing, tags, inbox literature, warranty/ guarantee card, freebies and accessories including keys, straps and locks intact. Any item returned showing signs of wear or engraved, altered, resized or damaged in any other manner shall not be accepted for return.
In case the User being buyer want to return precious jewelry, same needs to be packed in proper wooden/metal box with temper - proof packing and seal.
All innerwear products are not eligible for return due to hygiene reasons.
BrentekComputer shall endeavour to process the Users refund within 7 (Seven) working days from the date of request made to the BrentekComputer complaints team. However, In case of Electronics and Precious Jewellery Refund will be processed once the product reaches the seller in Original condition with all original packing etc as per point no. 9.5 above.
Refunds / Returns shall NOT be allowed in the following cases:
• Return request is made outside the specified time frame of 48 (Forty Eight) hours as specified above.
• In case where price tags, labels, original packing, freebies and accessories, box are missing.
• Electronics, Industrial goods and innerwear.
• If the Product is damaged by the User buying the Product, in any manner as may be determined by BrentekComputer at its sole discretion.
• If Product has been used by the User buying the Product.
• If Product sold as combo/sets cannot be returned as individual Product.
RETURNS TO USER SELLING THE PRODUCTS
• All Products which are not delivered to User buying the Product (i.e. RTO) will be returned to the User selling the Product.
• All Products returned by User buying a Product in accordance with the return policy as specified above will be returned to User selling the Products.
• Payment made against RTO Products and Products which have been returned by a User buying the Products in accordance with these Terms and Conditions, if any, will be debited to the User selling the Product and shall be adjusted from future payouts to be made by BrentekComputer to such User selling the Products.
• All RTO/returned Products will be delivered to User selling the Products, within 60 days from pickup of the Product from User selling the Product.
• In case of Products being electronics, returns will be made to the User selling such Product if: (i) If the Products delivered to a User buying the Product are not in working conditions; or (ii) All Products being electronic goods are returned by a User being a buyer are in the seal packed box ; or (iii) All faulty Products being electronics for which there is no service center at User being a buyer’s location. • All RTO/returned/in-transit Products will be closed by logistics within 15 days from date of payment for these orders where RTO<15%. • In case the reverse pickups are more than 5% of orders dispatched: (i) The User selling the Products will be charged the Delivery Charge logistics fees as per the prevailing rates (ii) Payment will be made to User selling the Product only on successful delivery; (iii) In case the reverse pickup’s is more than 15% of the orders dispatched, BrentekComputer shall have the right to delist such User selling the Products. • All paid RTO/returns/in-transit Products will be tracked by the BrentekComputer finance team.
We reserve a right to cancel any order without prior notification to the buyer. Under such circumstances, the refund of the amount paid will be processed and made to the buyer, in case the company cancels any order placed by the buyer without prior notification to the buyer :
INDEMNITY
A User, selling its Products on the BrentekComputer Platform, shall keep BrentekComputer, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of: (i) breach or non-performance by the User of any of its undertakings, warranties, covenants, declarations or obligations under these Terms and Conditions; or (ii) any claim or proceeding brought by any of the customer of the Products or any other person against BrentekComputer in respect of any Products or Transaction on the BrentekComputer Platform, whether or not such complaint was settled by the User who sold the Product or was an unsettled claim; or (iii) any negligent act or omission or default or misconduct or fraud of the User or its agents or its customers; or (iv) any hacking or lapse in security of the BrentekComputer Platform or the data on the BrentekComputer Platform; or (v) any act, deed, omission or non-performance on the part of the User which renders the Transaction conducted through the BrentekComputer Platform invalid.
The indemnities provided herein and provisions making reference to the indemnities shall survive the termination of these Terms and Conditions and the Policies.
The provisions of Section 10 shall not be applicable for third parties providing the intangible Products through the BrentekComputer Platform and the same shall be governed by the agreement executed between such third party and BrentekComputer.
LIMITATION OF LIABILITY
Notwithstanding anything stated under these Terms and Conditions and the Policies, in the unlikely and rare event, of BrentekComputer being liable to a User selling its Products, the aggregate liability of BrentekComputer from any cause whatsoever shall not in any event exceed sum equivalent to the Fee of a single, most recent transaction of such User in question or the amount due to such User, as appearing on the account statement, after reconciliation, whichever is lower.
Notwithstanding anything stated under these Terms and Conditions and the Policies, in the unlikely and rare event, of BrentekComputer being liable to a User buying the Products, the aggregate liability of BrentekComputer from any cause whatsoever shall not in any event exceed an amount equivalent to the payment made by such User in relation to the Transaction under which such claim has been made.
The provisions of Section 11 shall not be applicable for third parties providing the intangible Products through the BrentekComputer Platform and the same shall be governed by the agreement executed between such third party and BrentekComputer.
DISCLAIMER OF WARRANTIES AND LIABILITIES
It is hereby clarified that all Products or services made available to a User through the BrentekComputer Platform are provided on an 'as is' and 'as available' basis, without any representations and warranties, express or implied by BrentekComputer. BrentekComputer does not make any representations pertaining to the information, content, Products or services included on or otherwise made available to a User through the BrentekComputer Platform.
INTELLECTUAL PROPERTY
The User, where applicable, hereby grants BrentekComputer and its associates and representatives for the purposes of these Terms and Conditions, a non-exclusive, royalty-free, sub-licensable, limited license to use, display and reproduce the trademarks, service marks and logos of a User, selling its Products on the BrentekComputer Platform. The User, where applicable, hereby confirms that such User has the right to use the said marks and logos and to grant permission to use as stated herein. Such User shall retain all intellectual property rights in such marks.
All co-promotion and sale promotion for the Products shall be as per separate terms and conditions agreed between BrentekComputer and the User's in writing.
Nothing contained herein shall authorize a User to use, display or exploit the intellectual property rights of BrentekComputer without the prior written consent of BrentekComputer. The User, selling its Products on the BrentekComputer Platform shall have the right to state that Products are available on BrentekComputer Platform at its offline stores and other promotional and advertisement initiatives for the Products.
CONFIDENTIALITY
The User, where applicable, shall keep all the information pertaining to the Services including but not limited to the customer data and the transactions on the BrentekComputer Platform ("Confidential Information"), confidential and shall not be disclosed to any person other than its officers (to the extent necessary to consummate the transaction contemplated hereby) without the prior written consent of BrentekComputer.
Confidential Information shall mean all the information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by BrentekComputer to a User whether before or after the date of these Terms and Conditions. The User, where applicable, shall not, during the pendency of these Terms and Conditions, or at any time after these Terms and Conditions and the Policies expire or terminate, divulge or use any Confidential Information for the benefit of any other person, corporation, partnership, proprietorship, association, or other entity, nor will the User, directly or indirectly permit the disclosure of any Confidential Information or aid any third party to imitate any Confidential Information.
TERMINATION
BrentekComputer may terminate these Terms and Conditions and the Policies and/or the Services and/or Indirect Services hereunder for any reason including for reasons of breach of these Terms and Conditions, or any of the Policies on the BrentekComputer Platform or any other agreement between BrentekComputer and the User in relation to the BrentekComputer Platform. The User's sole right to terminate these Terms and Conditions and the Policies is by not using the BrentekComputer Platform and deleting its account with BrentekComputer.
The provisions of Section 15 shall not be applicable for third parties providing the intangible Products through the BrentekComputer Platform and the same shall be governed by the agreement executed between such third party and BrentekComputer.
CONSEQUENCES OF TERMINATION
Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination. BrentekComputer and the User (where applicable) availing the Services provided by BrentekComputer, shall undertake to settle all outstanding dues to arising out of these Terms and Conditions and the Policies within 30 (Thirty) days of the termination taking effect.
All materials, documentation, instruction manuals, guidelines, letters and writings and other materials issued by BrentekComputer from time to time in respect of these Terms and Conditions, whether in respect of the utilization of the payment gateway or otherwise shall be returned immediately to BrentekComputer.
The provisions of Section 16 shall not be applicable for third parties providing the intangible Products through the BrentekComputer Platform and the same shall be governed by the agreement executed between such third party and BrentekComputer.
GENERAL PROVISIONS
Anti-bribery and anti-corruption policy: BrentekComputer and the User selling the Products, agree to conduct all their dealings in an ethical manner and with the highest business standards and best industry practice. The User selling the Products, agrees to comply with the Anti-Bribery and Anti-Corruption Policy of BrentekComputer and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with or any other third parties for the purpose of these Terms and Conditions. Any instances of such violations will be viewed in a serious manner and BrentekComputer reserves the right to take all appropriate actions or remedies as may be required under the circumstances. The User selling the Products, further agrees that the User shall provide all possible assistance to BrentekComputer, in order to investigate any possible instances of unethical behaviour or business conduct violations by an employee, agent, staff or representative of such User.
No agency: These Terms and Conditions and Policies constitute a principal-to-principal relationship between BrentekComputer and the User's selling their Products and do not attempt to create any employee-employer or agency relationship. The Services and/or Indirect Services are being rendered by BrentekComputer as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between BrentekComputer and the User hereto or any affiliates
