Terms and Conditions – Buyer and Vendor/Seller
Terms and conditions:
The following legal terms and conditions govern your use of the Web Portal and/or App including usage of maps, directions, information, applications, materials, products, services, goods, virtual or digital services, offers, advertisements and documents being made available to you (collectively the “Products and Services”). By creating an account or by registering with the Web Portal and/or App or by using the Products and Services provided under/through/by the Web Portal and/or App, you signify electronically your consent and agreement to all terms, conditions, and notices contained or referenced herein and to resolve any disputes with Company in the manner as given in Digin Terms and Conditions. Further, you agree that the Company reserves the right, and has the discretion, to update or revise, modify, amend these Digin Terms and Conditions or discard this Web Portal and/or App or related services/ facilities (in-part/ completely) at any time without any prior notice. Your continuous use of the Web Portal and/or App and the Products and Services following the posting of any changes to the Digin Terms and Conditions shall constitute acceptance and agreement of those changes.
IF YOU DO NOT AGREE WITH THE TERMS DO NOT INSTALL OR USE OR TRANSACT THROUGH THE WEB PORTAL AND/OR APP. YOU MUST ACCEPT AND ABIDE BY THE TERMS AND CONDITIONS AS HEREIN PRESENTED TO YOU. CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE. IF FOUND SO, DIGIN MAY REFUSE YOUR ACCESS TO THE LICENSED APPLICATION FOR NONCOMPLIANCE OF ANY PART OF THIS AGREEMENT.
2. Membership Eligibility:
Only those who or that can form legally binding contracts under Indian Contract Act, 1872 are eligible to use this Web Portal and/or App and get registered as Vendor/Service Provider/Supplier under this Web Portal and/or App. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Web Portal and/or App. A minor is not permitted to install and/or register and/or transact and/ or use in any form of the Web Portal and/or App. If a minor wishes to use the Web Portal and/or App or transact through the Web Portal and/or App, such use or transaction should be made by/through the minor’s legal guardian or parents. The transaction or use by minor in violation of above term will not form any binding contract and such transaction or use will be treated as void ab initio. Digin will not be under any direct or indirect or incidental or consequential obligation to abide by the terms and conditions if it is found that installation, transaction or usage in any form is performed by a minor itself. Digin reserves the right to terminate your membership and / or refuse to provide you with access to the Web Portal and/or App if it is brought to Digin’s notice or if it is discovered (at any given point of time) that you are a minor or disqualified by any applicable prevailing law
You hereby agree to avail digin features according to the selected subscription plan for the selected duration by you. You also agree to the terms and conditions described therein.
3. Use of personal data:
We respect your privacy. Your account gives you access to the services, products and functionality provided under the Web Portal and/or App. You are under obligation, while creating your account, to provide your accurate, true, correct, current and complete information. You should not share your username, password or any other confidential information with any third person/entity. You are responsible for keeping the confidentiality of your confidential information including your user access details. The responsibility for all the activities carried out with the help of your account/via your account rests on you. If you provide any incorrect, untrue, inaccurate, non-current, misleading information or Digin has rational grounds to suspect that information provided by you is untrue, incorrect, insufficient, misleading or not in accordance with this Terms and Conditions, Digin reserves right and shall be entitled to block/ terminate/ revoke permanently or temporarily your access to the Web Portal and/or App.
We will not share your personal information for any purpose not specifically mentioned in this Agreement without your prior consent. You hereby agree to allow us to use your personal information shared with us, contact details, etc. as may be necessary to carryout transaction and for the purpose of communication of any updates, sending notice(s), replies to queries, to provide any information, advertisements, offers and notifications to and from you. We will not share your personal details with any third party unless required by governing law, statutes, rules and regulations, notifications, or as may be required for any promotional/ business activity of the Company or Digin to do so. We encourage you to use robust password (password containing upper and lower case along with special characters and numbers) to your account username. You must inform/communicate breach of any security measures or unauthorized use of your account immediately to the Company as soon as you notice/ observed the same. The Company will not be liable for any losses, damages, injuries, harms caused due to such incidence of breach of security or unauthorized use of your account information.
4. User Content
The Web Portal and/or App and product or services under the Web Portal and/or App may require under some areas, or allows you to post content such as your name, email address, contact details, current address or current location, in case of use of certain Products and Services that require the same, such information that you submit, post, display, or otherwise make available on the Web Portal and/or App or in the process of using any of the Products and Services shall constitute "User Content". The Company claims no ownership rights over any User Content provided by you; however, you hereby agree, by sharing such information, to allow others to view and/or share your User Content in accordance with your settings in the use of Products and Services. Further, the Company shall not retain any of the User Content for longer than is required for the purposes for which the User Content may lawfully be used and as may be necessary for record retention purpose under any applicable status/ law/ guidelines, etc. published in this regards.
You shall further undertake to ensure that none of your postings or publications or comments or activities, etc.
1. will directly or indirectly, reason or be caused to any kind of loss or damage or exposure to any risk or personal injury or health hazard or psychological problems or supplement/ provoke any criminal/ terrorist activities, or infringement of any third party rights (including but without limiting to any third party Intellectual Property Rights granted within or outside the India) or against national integrity/ safety of India or any other country;
2. will violate your existing contractual or moral or ethical or professional obligation/s;
3. will result into any kind of legal obligation/ compliance for the Company;
4. The Company reserves the right, but is not obligated, to reject and/or remove any such information that it believes, in its sole discretion, violating these provisions.
5. Transaction and Communication:
Digin is a facilitator for its users to enable smooth transactions and communication between themselves hence the Company shall never be a party to any transaction/ communication thereby no direct/ indirect control over any transaction and/or communication held/ to be held between registered Buyer and Seller
1. The commercials and contractual terms will be offered by Seller and shall be accepted by Buyer and Seller directly (without any intervention/ mediation/ control of Digin) and Digin will be/ not be a party to any such contract/ obligations. The commercial/contractual terms include but not limited to price, shipping costs, payment modes, terms of payment, date, period and mode and medium of delivery, warranties related to products and services, quality and quantity of products, and after sales services related to products and services. Digin does not have any direct/ indirect control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyer and Seller;
2. Digin shall not be held and is not responsible for any kind of breach or non-performance by Seller of contract entered in between Seller and Buyer as per this Terms and Conditions. Digin is not under obligation to act as a mediator/dispute settler in between Buyer and Seller in any kind of disputes resulted out of the transactions via the Web Portal and/or App or otherwise in relation with Digin. Digin does not provide any guarantee or warranties of products, services or fulfillment of commitments between Buyer and Seller;
3. Digin does not make or provide any item specific warranties or guarantees with respect to legal title, bonafide supplier/provider/user, credit worthiness, fitness of any product/ services for specific purpose, authenticity, purity, genuineness, completeness, etc. of any of its Seller or Buyer or User;
4. Digin shall not be held responsible for any unsatisfactory or delayed performance of service or any kind of damages, loss, any kind of injury, mental-ache caused due to substandard or insufficient performance of Seller or Service Provider at any point of time irrespective of the fact/incidence to form the ground for Digin’s Knowledge of occurrence or expected happening of any of the above occurrence. Digin shall not be held responsible for any of such occurrences due to shortage of product ordered, backdated products, etc.;
5. Buyer and Seller or Service Recipients and Service Providers shall individually agree on the terms and conditions of the delivery, payment mode, and any other conditions in relation with the product or service to be transacted by using the Web Portal and/or App;
6. Digin shall have no rights, title, interest, obligations or liabilities over the products, goods or services of the Seller intended to be transacted, supplied and provided by using the Web Portal and/or App;
7. Digin is a mere juncture which can be utilized by Seller with intention to reach large number of buyers or service recipients. Digin is just providing a medium for the communication between Seller and Buyers. Digin shall in no way and means be treated as a party to the contract between Buyer(s) and Seller(s) or service provider(s) and service recipient(s);
8. Digin does not provide any kind of insurance of any Product and Services transacted using this Web Portal and/or App;
9. Digin shall in no means make any kind of representations or Warranties as to quality, quantity, nature and other specific characters of product or services sold or offered or to be sold or offered and purchased using the Web Portal and/or App. Digin does not explicitly or implicitly support any unauthorized use of the Web Portal and/or App. Digin admits and takes no liability for any form of error, omission or default whether on its own behalf or on behalf of any third party.
10.Digin shall in no means make any kind of representations or Warranties as to quality, quantity, nature and other specific characters of product or services sold or offered or to be sold or offered and purchased using the Web Portal and/or App. Digin does not explicitly or implicitly support any unauthorized use of the Web Portal and/or App. Digin admits and takes no liability for any form of error, omission or default whether on its own behalf or on behalf of any third party.
6. Covenants of Seller/service Provider: -
I. Being a Seller of any product or goods or Provider of any form of services, you hereby unconditionally agree, undertake, assure and confirm that the use of the Web Portal and/or App shall be strictly administered, directed and governed by the following mandatory principles:
I. Seller should independently verify the bonafides of any particular user/buyer/ that Seller(s) is/are about to deal with or intent to deal with. Seller(s) is/are expected to act as best judge in that behalf;
II. Seller shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) is a property of another person or belongs to another person and to which Seller does not have any right to;
(b) Is misleading in any form;
(c) Is false, inaccurate, untrue, confusing, ambiguous, unable to identify or understand in any form;
(d) Directly or indirectly harasses or promotes harassment of another person;
(e) Unacceptably harmful, defamatory, obscene, pornographic, harassing, invasive of another’s privacy, ethnically objective, withering, slanderous, malicious, relating or encouraging money laundering or gambling or unlawful otherwise in any manner whatsoever, threatening, indecent, promoting unlawful acts of any nature, etc. (This list is illustrative and not exhaustive. It may include various acts causing bodily, psychological, emotional or any kind of damage or injury to any person/ group of persons or any nation);
(f) Contains sexually explicit contents, promotes hatred, physical harm to any persons - natural or legal, obscene contents or stuff;
(g) Violates third party intellectual property rights, right of privacy, fundamental rights;
(h) Encourages unsanctioned, unauthorized, illegal copy, transmission or any kind of act violation of copyright with respect to any copyright material, such as providing pirated Compact discs (CDs), DVDs, computer programme or links, providing pirated music or links to pirated music, etc.;
(i) Solicits unnecessary, irrelevant information from persons;
(j) Provides information or instructions with respect to illegal and unauthorized making or buying of weapons, violating someone’s privacy, providing or creating computer viruses or Trojans, etc.;
(k) Photographs or images of another person including minors, without their express written consent to do so.
III. Seller hereby unconditionally agrees to assure that the Seller will not gain or try to gain unauthorized, illegal access or exceeds the scope of authorized access to the Web Portal and/or App. Seller further agrees not to gain or try to gain unauthorized, illegal access of any other Seller’s password, personal identification information or commercials etc.;
IV. Seller shall not involve, initiate or participate in any commercial activity, without the Company’s Prior written consent, such as contests, lottery, gambling, barter, pyramid schemes, any other schemes, etc. via the Web Portal and/or App;
V. Seller shall not encourage, initiate or participate in any gambling activity or any other illegal activity which Digin in its sole discretion believes to be or could be construed as being illegal or which was initially legal and subsequently became illegal;
VI. Seller shall not interfere with another user’s use and enjoyment of the Web Portal and/or App. Seller shall in no means interrupt the usage of the Web Portal and/or App by any other individual user or pleasure and satisfaction of any other individual or user of the Web Portal and/or App;
VII. Seller shall not infringe, try to infringe, completely or partially any patent, trademark(s), copyright or any other form of Intellectual Property rights belonging to others, which he does not have any right to deal with;
IX. Seller shall not violate any law for the time being in force;
X. Seller shall not publish, present, or propose false, misleading, malicious offers to the Buyers;
XI. Seller is under obligation not to imitate other Sellers’ product or services. Furthermore, Seller shall not pretend Products and Services of other Sellers as his own;
XII. Seller shall not act in any way so as to cause threat to the unity, integrity, defence, security or sovereignty of India and/or other countries, friendly relations with foreign states, public order, public peace, etc.;
XIII. Seller shall in no way treat/use Digin as medium of forming groups or communities which will/can create distress to public, cause harm to unity, integrity, sovereignty of India and/or other countries, damage peace and order of law or in any manner cause harm to society and public at large;
XIV. Digin reserves the right, but is not under obligation to monitor the materials posted on the Web Portal and/or App. Digin reserves the right to remove, alter, modify or edit any content which in the opinion of Digin violates any of applicable laws, polices or these Terms and Conditions. Notwithstanding with this right, SELLER SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS POSTED ON THE WEB PORTAL AND/OR APP BY THE SELLER AND SELLERS’ PRIVATE MESSAGES. Seller hereby agrees that he has all the rights and consent to post the materials on the Web Portal and/or App;
XV. Seller shall not make any negative, demeaning, or defamatory statement(s) or comment(s) about Digin or the Company or the brand name. Seller shall in no way and means otherwise involve in any such activity;
XVI. Seller is under obligation not to take any action which will levy unreasonable, excessively large burden on the infrastructure, system, network connections of the Web Portal and/or App;
XVII. Use of any content of theWeb Portal and/or App for any purpose that is illegal, unlawful or prohibited by these Terms and Conditions or by any law in force for the time being by the Seller is strictly prohibited. Seller shall be held liable for any such act;
XVIII. Seller understands and agrees absolutely that the Seller is solely responsible in case of event of loss, damage, injury due to participation in any advertising activity. Digin shall not be held responsible for the same.
XIX Buyer unconditionally agrees and consents Digin/ the Company to use and share any/ all confidential and material information related to or of any of the registered Buyer/ User/ Seller with any competent government authority empowered by appropriate legislation or by competent judicial/ quasi-judicial authority to access/ review/ verify/ store/ copy/ use any information.
7. Compliance with Laws:
1. Seller shall at any time ensure complete compliance with all the applicable provisions of Information Technology Act, 2000 and rules thereunder as applicable along with all the applicable amendments from time to time. Moreover Seller agrees to comply and abide by all other applicable domestic and International laws, rules, regulations, notifications, and guidelines etc.;
2. Seller herby agrees to comply with all the applicable provisions and laws including but not limited to Income Tax, Sales Tax /VAT, Octroi, LBT, Service Tax, Central Excise, Custom Duty, etc.;
3. Seller is under obligation to renew essential licenses as and when required;
4. Digin is not responsible to fulfill any of the obligations on the part of Seller to comply with any laws or payment of any kind of taxes.
1. Digin or the Company shall not be, in any way, held responsible or assume any liability while availing any of the payment modes/methods made available by the Web Portal and/or App with respect of any loss or damage arising directly or indirectly to the Seller for lack of authorization for any transaction, any form of payment issues arising out of transaction conducted via thisWeb Portal and/or App, decline of transaction for any other reason(s), violation of terms and conditions as set by the Bank for online transactions, or for any other reason;
2. All payment transaction made through the Web Portal and/or App should be in the respective currencies;
3. Seller may request supporting documents (including Identity proof, address proof) before delivery or shipment of order placed by the Buyer in order to establish ownership of the payment instrument used by the Buyer for the purchase order. It is the obligation of Seller to check/inspect supporting validity, identity document before delivery of the order placed by Buyer. This is done to provide safe and secure gateway for online shopping to Seller and Buyer;
4. All the commercials such as price, transaction cost, shipment charges, delivery, dispatch of products and/ or services are governed by the Buyer and Seller contractual obligations as discussed and agreed between them. Digin may authorise some delivery agents and extend the provision of delivery service in specific cases. Immaterial to it the payment facility provided on the Web Portal and/or App shall be used by the Buyer and Seller merely to facilitate assuredcompletion of transaction. Use of payment gateway made available by the Web Portal and/or App shall not render Digin or the Company responsible for non-compliance of the contractual obligation between Buyer and Seller, non- payment, non-receipt;
5. Seller explicitly authorizes Digin and the Company or its affiliates or authorized persons to collect, facilitate, transfer, and remit the payment or perform other required payment transactions electronically via various available payment modes. The Relationship between Seller and Digin is merely on principal to principal basis and the acceptance of these Terms and Conditions by the Seller is express consent to treat Digin as independent contractor for all the purposes, hence Digin shall not have responsibility, control or liability, except as reserved by Digin, for the products and Services listed on the Web Portal and/or App;
6. 6. Digin’s facility of the payment gateway or channel does not in any manner establish or construed in any way the guarantee of performance of contractual obligation between Buyer and Seller. Digin is not trustee or fiduciary agent of Buyer, Seller or any third party with respect to the transaction or transaction price.
9. Third party links and contents:
1. Digin has no control on the text, images, photos, user interface, trademark, logo, sound, artwork, etc., (collectively termed as “contents”) except that of logo and other posts of Digin, etc., as they are third party links. Digin has no right to control such contents as Digin is merely an intermediary for these Terms and conditions;
2. Digin shall not be held directly or indirectly responsible/ liable for any consequences, results, damages, outcomes, etc., as a result of your access or acceptance to advertisements or links or offers, etc., published on Digin or terms and conditions attached therein on Digin as the Company has no control, ownership, control, etc., over such third party links, websites and advertisements. We do not promote/ encourage/ endorse accessing/ downloading/ using any such third party advertisements or links or offers, etc. published on Digin.
Seller hereby agrees to hold harmless, defend, and indemnify the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from:
1. Seller’s use of and access to the Web Portal and/or App and Products and Services, including any data or content transmitted or received by Seller;
2. Violation of any term of this Agreement, including without limitation Seller’s breach of any of the representations and warranties above;
3. Violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights by Seller;
4. Violation of any applicable law, rule or regulation on the part of Seller;
5. Any claim for damages that arise as a result of any of Seller’s User Content or any that is submitted via Seller’s account; or
6. Any other party's access and use of the Service with Sellers’ unique username, password or other appropriate security code.
Further, Seller unconditionally agrees that, if Seller is using this Web Portal and/or App on behalf of a business that business accepts these terms. It will hold harmless and indemnify the Company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products and Services or violation of any of these terms, including any express or implied liability or expenses arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, etc.
11. Disclaimer of Representations and Warranties
THE CONTENT ON THE WEB PORTAL AND/OR APP AND ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU AS FAR AS POSSIBLE ON AN "AS-IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR THE PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEB PORTAL AND/OR APP OR PRODUCTS AND SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEB PORTAL AND/OR APP OR PRODUCTS AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SECRETLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
12. Intellectual Property Rights:
1. The design of the Digin along with Digin text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Digin and the Company, subject to copyright and other intellectual property rights under the applicable governing laws in India and overseas;
2. Digin reserves all rights not expressly granted to the user as per these terms and conditions. You agree to not to engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of the Digin intellectual property;
3. User will not allow third parties on their behalf to make or distribute copies of the Application or attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Web Portal and/or App. User further agrees not to create derivative, artistic work to change the nature of Web Portal and/or App in any kind whatsoever;
4. User shall in no way interfere with the intellectual property of another user being Buyer or Seller or pretend as the authorized person on behalf of the any other user or third party;
5. User shall not infringe applicable intellectual property laws by misuse, unauthorized access, or copying of third party trademarks, logo, service marks, or any other form of intellectual property belonging to third person, of which the user is not owner or authorized representative of owner.
Failure by Digin or Company at any time to enforce any obligation by the other party, to claim a breach of any term of this Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this Agreement, will not affect any subsequent breach, and will not prejudice either party as regards any subsequent action.
14. Governing Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the India and the Parties shall submit themselves to the exclusive competent jurisdiction of the Pune District Court. The parties can opt for the arbitration and conciliation procedures in case of any dispute prior to enjoying the right of filing of suit in the court of competent jurisdiction.
15. Force Majeure:
Neither Party will be liable to the other Party for any delay or non-performance of its obligations under this Agreement to the extent it arises from a force majeure event, including but not limited to, acts of God, war, government regulations, disaster, strikes, or civil disorder, subject to the affected Party promptly notifying the other Party in writing of the cause of the delay or non-performance and the likely duration of the delay or non-performance
ACCEPTANCE OF THE ABOVE TERMS AND CONDITIONS, BROWSING OR USING THE WEB PORTAL AND/OR APP IN ANY MANNER SHALL BE CONSIDERED AS EXECUTION OF THE AGREEMENT BETWEEN USER AND THE COMPANY.