Seller Agreement
  • THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (IT ACT) AND RULES THEREUNDER 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 TERMS OF USE FOR ACCESS TO OR USAGE OF WWW.STUDENTZONE.IN WEBSITE.
  • PLEASE READ THESE TERMS CAREFULLY BEFORE LISTING ANY PRODUCT ON THE WEBSITE (PRODUCT). THESE TERMS OF Use ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, AND ALL OTHER POLICIES ON THIS WEBSITE.
  • The website WWW.STUDENTZONE.IN (Website) is owned by Educational Technologies; having its registered office at  # 108-109, SBJ Complex, Ved Vyas Puri, Meerut – 250103. For the purpose of these Terms of Use (Terms), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller (Seller) by providing registration data while electronically registering on the Website. The word ‘user’ shall collectively imply the Seller, a buyer of Products (Buyer), and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean the Company.
  • Please note that the usage of this Website is governed by these Terms and other terms and policies. By using of the Website the Seller will be entering into a contract with the Company, and these terms and conditions including the policies constitute the obligations binding on the Seller.
  • By virtue of the Seller using any of the services through the Website, the Seller will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into these Terms and considered a part and parcel of these Terms. The Company reserves the right to change, modify, add, or remove portions of these Terms at any time and without any prior written notice to the Seller, at the Company’s sole discretion. The Seller shall review these Terms periodically. The Seller’s continued use of the Website following the posting of changes will mean that the Seller accepts and agrees to the revisions. Subject to the Seller’s compliance with these Terms, the Company hereby grants a personal, non-exclusive, non-transferable, and limited privilege to the Seller to enter and use the Website.
  • By accessing, browsing, or otherwise using or transacting on the Website you impliedly agree with all the terms and conditions under these Terms, so please read these Terms carefully before proceeding on this Website. By impliedly or expressly accepting the Terms, the Seller also accepts and agrees to be bound by the Company’s policies (including but not limited to Privacy Policy), as amended, from time to time.
Competent to contract
Only persons who are competent to contract under the applicable law can use this Website. Persons who are not competent to contract under the applicable laws including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a Seller on the Website, transact or use the Website. As a minor if you wish to use the Website or make a transaction, such use or transaction may be made by your legal guardian or parents. If you register as a business entity, you represent that you are duly authorized by the business entity to accept these Terms and you have the authority to bind the business entity to these Terms and other applicable policies for using the Website.
Communications
The Seller agrees to receiving communications from us via electronic records periodically or as and when required. The Company may communicate with the Seller by email or any other mode of communication, electronic or otherwise. The Company shall communicate with the Seller on the email and mailing address details in our records. Any communication to such email and/or mailing address shall be deemed to be a valid communication irrespective whether the same is correct / accurate or not or whether the same has subsequently changed and not updated in our records.
The Seller’s Account and Registration Obligations
  • While using the Website, the Seller shall be responsible for protecting the confidentiality of the Seller’s display name and password and all activities that occur with the use of the Seller’s display name and password. The Seller agrees to provide accurate and correct information while registering and using the Website. In the event the Seller provides any information which is untrue, inaccurate, not current, or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, the Company shall have the right to indefinitely suspend, terminate or block the Seller from accessing the Website. Website being a medium
  • The Website is a platform that users utilize to meet and interact with one another for their transactions. The Company is not and cannot be a party to or not in a position to control any transaction between users on the Website. The Seller agrees that the Website is only a medium where the Buyer and the Sellers meet, albeit electronically. The Website is a marketplace and not a wholesale or retail store.
  • All commercial/contractual terms are offered by the Sellers and agreed upon between the Sellers and Buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to the Products, the same shall be the responsibility of the Seller. The Company does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Sellers and Buyers.
  • The Company does not and would continue to not make any representations or warranties regarding specifics (such as quality, value, and marketability) of the items or services proposed to be sold, offered to be sold or purchased on the Website. The Company does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • The Company is not responsible for any non-performance or breach of any contract between the Seller and Buyers. The Company cannot and does not guarantee that Buyers concerned will perform transaction(s) concluded on the Website and on the terms agreed on the Website. The Company shall not be obliged to mediate or resolve disputes or disagreements between the Seller and Buyers or in any manner take steps to recover payment from the Buyers in case of default or fraud by the Buyers. The Company shall not be a party to such dispute.
  • The Company does not and would continue to not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. The Seller is advised to independently verify the bona fides of any particular Buyer the Seller chooses to deal with on the Website and use the Seller’s best judgment in that regard.
  • The Company does not at any point in time during a transaction between the Seller and a Buyer on the Website come into or take possession of any of the Products offered by the Seller, gain title to or have any rights or claims over the Products offered by the Seller to the Buyer. The Company may, at additional cost, provide or assist the Seller with support services like warehousing, logistics, order fulfilment, call centre, payment collection and other services connected with the transactions contemplated on the Website.
  • The Website is only a platform/medium that can be utilized by the Seller to reach a larger customer base to sell items or services. The Company will not hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. The Company is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered other than the services provided by the Company as specified in clause 16 above.
  • The Seller shall independently agree upon the manner, terms, and conditions of delivery, payment etc. with the Buyers it transacts with.
  • The Seller hereby represents to the Company that:
    • In case the Seller being a body corporate, it has been duly incorporated and in validly existing under the applicable law;
    • The title of the goods sold by the Seller on through the Website shall be clear and free from all encumbrances;
    • These Terms will constitute legal, valid and binding obligations on the Seller and are enforceable in accordance with its terms;
    • The adherence and the performance by the Seller of these Terms do not and will not:
      • Breach or constitute a default under any law applicable to the Seller; or
      • Result in a breach of, or constitute a default under, any agreement to which the Seller is a party or by which the Seller bound or give any third party a right to terminate or modify, or result in the creation of any lien under, any agreement, license or other instrument;
    • The Seller is able to, and has not admitted its inability to, pay its debts as they mature and neither has suspended making payment on any of its debts nor will it be deemed by a court to be unable to pay its debts under the applicable law, nor in any such case, will it become so in consequence of entering into this Agreement;
    • The Seller, by reason of actual or anticipated financial difficulties, has not commenced, or does not intend to commence, negotiations with one or more of its creditors with a view to rescheduling its indebtedness;
    • Any factual information provided by the Seller (whether or not displayed on the Website) is true, complete and accurate in all material respects as at the date it was provided or as at the date (if any) at which it is stated and is not misleading in any respect;
    • The Seller has the right to sell the Products to the Buyer on or through the Website;
    • The Buyer shall have and enjoy quiet possession of the Products sold by the Seller through the Website;
    • Products shall be free from any charge or encumbrance in favor of third party;
    • The Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or Seller of the Product in the open market; and
    • The Product shall meet the description and specifications as provided on the Website.
  • The Seller hereby covenants with the Company that it shall offer/ display for sale on the Website only genuine and authentic Products. Further, such Products or its packaging shall not be in any manner damaged or pirated.
  • Notwithstanding its reasonable efforts in that behalf, the Company cannot control the information provided by other users which is made available on the Website. The Seller may find other user's information to be offensive, harmful, inaccurate or deceptive, however, in no event shall the Company be made liable for it. The Seller should use caution and practice safe trading when using the Website. The Seller hereby acknowledges that there may be risks in dealing with underage persons or people acting under false pretence.
Use of the Website
The Seller hereby agrees and understands that the Company merely provides hosting services to its registered users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. The Company has no control over the third party user generated contents. The Company is merely an intermediary and does not interfere in the transaction between the Buyers and Sellers.
The Seller agrees, undertakes and confirms that the use of the Website shall be strictly governed by the following binding principles:
  • The Seller shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • Belongs to another person and over which the Seller has no right;
    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing under the applicable law;
    • Shall not be false, inaccurate, or misleading;
    • Is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;harasses or advocates harassment of another person or harms minors in any way;
    • Involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
    • Promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
    • Infringes upon or violates any third party's rights including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity
    • Promotes an illegal or unauthorized copy of another person's copyrighted work (see ‘Copyright complaint’ below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices;
    • Contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
    • Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    • Contains videos, photographs or images of another person (with a minor or an adult);
    • Tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
    • Engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without the Company’s prior written consent. Throughout these Terms, the Company’s prior written consent means a communication coming from the Company’s legal department in response to the Seller’s request and specifically addressing the activities or conduct for which it has sought authorization;
    • Interferes with another’s use and enjoyment of the Website or infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items
    • Refers to any website/URL which, at the Company’s sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of these Terms;
    • Contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
    • 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;
    • Shall not, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;
    • Shall not create liability for us or cause us to lose (in whole or part) the services of the Company’s Internet Service Provider or other suppliers;
    • Violates any applicable law for the time being in force.
  • The Seller shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content, in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. The Company reserves its right to bar any such activities.
  • The Seller shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
  • The Seller shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. The Seller shall not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by the Seller) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than the Seller’s own information) provided by the Website
  • The Seller shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about the Company, its brand name, or domain name used by the Company, including the terms of the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company on the platform or otherwise tarnish or dilute any of the Company’s trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by the Company. The Seller agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems, networks, or any systems or networks connected to the Company.
  • The Seller agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
  • The Seller shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website.
  • The Seller shall not use the Website or any content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/or others
  • The Seller shall at all times fully comply with the applicable provisions of the IT Act, and the rules thereunder as applicable and amended from time to time and also all applicable laws, rules and regulations including but not limited to International Laws, Foreign Exchange Laws, law relating to Sales Tax/ GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies while using the Website. The Seller shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • To enable the Company to use the information that the Seller provides to the Company and for the purposes of protecting Seller’s right in such information, the Seller agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights the Seller may have in its information or in any media now known or not currently known with respect to the Seller’s information. The Company shall only use the Seller’s information in accordance with these Terms and the Privacy Policy applicable to the use of the Website.
  • The Seller shall be responsible for providing information relating to the Products proposed to be sold on the Website. In this connection, the Seller undertakes that all such information shall be accurate in all respects. The Seller shall not exaggerate or over emphasize or fabricate the attributes or qualities of such items or services so as to mislead other users on the Website in any manner.
  • The Seller acknowledges that its correspondence or business dealings with or participation in the promotion with advertisers on or through the Website (including payment and delivery of related Products, any other terms, conditions, warranties, or representations associated with such dealings) shall be solely between the Seller and such advertisers. The Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.
  • The Seller is aware of a possibility that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that the Seller may be exposed to such material. The Seller is also aware of a possibility that others may obtain personal information about the Seller due to the Seller’s use of the Website and use such information to harass or injure the Seller. The Company neither approves nor supports such unauthorized uses but by using the Website it shall, in no event, be made liable in the above instances. It is the duty of the Seller to be careful about the type of information it selects to publicly disclose or share with others on the Website.
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