Terms And Conditions
Last Updated: 27th November, 2017
1. User Agreement
1.1 Your use of www.Pharneechar.com and all the web-pages, hyper-links, tools and services provided are governed by the following terms and conditions as applicable to the Website (“User Agreement“). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with Webreinvent Technologies Private Limited, a company incorporated under Companies Act, 1956, hereinafter referred to as “the Platform” which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
For the purpose of the User Agreement, “Registered User”, “Visitor”, and wherever the context may so require, “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification(“Email Id” and “Password“) to become Registered User. The term and expression “You” shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. “Acceptance” shall mean your affirmative action in clicking on the ‘submit’ button and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘submit’ button or any other button and do not seek to obtain access to or otherwise use the Website.
2. Amendments to the User Agreement
2.1 The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
3. Electronic Communications
3.1. When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.
4. Membership Eligibility
4.1. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform’s notice or if it is discovered that you are under the age of 18 years or are otherwise “incompetent to contract”. If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
5. Membership Benefits
5.1. As a registered member of pharneechar.com, your address, email-id, and other delivery details become automatically saved in the “My Account” section of the Website, accessible only to you. You can track all your orders by logging into the “My Account” section with the Email ID and Password set by you. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the Website, as well as promotional schemes, will be e-mailed to you at regular intervals.
6. Your Account and Registration Obligations
6.1. If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your Email ID and Password. You are responsible for all activities that occur under your Email ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
7. Fees and Services
7.1. Membership on the Website is free. Platform does not charge any fee for browsing or uploading on the Website.
8.1. You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
9. Use of the Website
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
You are solely responsible for Your Information, and the Platform and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
9.1.1 Belongs to another person and to which you do not have any right to.
9.1.2 Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
9.1.3 Harm minors in any way.
9.1.4 Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
9.1.5 Violates any law for the time being in force.
9.1.6 Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
9.1.7 Impersonates another person.
9.1.8 Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, 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
9.1.9 Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
9.1.10 Is false, inaccurate or misleading.
9.2 You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
9.3 You shall not create liability for Platform or cause Platform to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
9.4 You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer at any place outside India.
11. Payment Facility
11.1. Platform may from time to time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
12.1. If you breach the User Agreement or any terms or policies of the Website.
12.2 If your actions may cause legal liability for you, other users or Platform.
12.3 Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
13.1 You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such items or services so as to mislead other users in any manner.
14. Limitation of Liability
14.1. In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).
14.2. In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Platform’s entire liability and Your sole and exclusive remedy in any circumstance is limited to the following:
14.3. If You are a seller on the Platform: an amount of Platform Fees, if any, paid by You as seller on the Website to Platform for the transaction under dispute. Other than the aforesaid, Platform shall have no liability to You.
15.1 You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform’s shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
16.1 None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.
16.2 If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
16.3 This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.
16.4 In Platform’s sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
17. Grievance Officer
17.1 In accordance with Information Technology Act 2000 and rules made there under, the Grievance Officer for the purpose of your personal sensitive information as governed by the Platform Privacy can be contacted at: firstname.lastname@example.org.
18. Other Complaints
18.1 In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at: email@example.com
19 Governing Law
19.1 This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India.
20.1 If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Delhi. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
21 Pharneechar.com – Grievance Officer
Further, as per Rule 3(4) of the IT Rules, the Grievance Officer shall acknowledge or respond to Your communication of violation of Rule 3, by any other person, within 36 (thirty six) hours, and the complaints shall be redressed within 1 (one) month from the date of receipt of the complaint.
In the event You have any complaints or concerns with respect to the website or our services, please contact @ firstname.lastname@example.org.