Terms Of Use

Terms Of Use

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of domain name [www.Badaestore.com]www.badaestore.com, including the related mobile site and mobile application (hereinafter referred to as “Platform”).
The Platform is owned by Sundeary Venture India Private Limited a company incorporated under the Companies Act, 2013 (hereinafter referred to as “Badaestore” or “Sundeary ”).
Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transactions. By mere use of the Platform, You shall be contracting with Sundeary / Badaestore and these terms and conditions including the policies constitute Your binding obligations, with Sundeary .
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems or by placing an order or purchasing Good or supplies through Portal. Sundeary allows the User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, and “Our” shall mean Sundeary Venture India Private Limited.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

Membership Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
As a minor, if you wish to transact on the Platform, such transactions on the Platform may be made by your legal guardian or parents. We reserve the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address are treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address are up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification.
You agree that we shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Communications

When You use the Platform or send emails or other data, information, or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

The Platform for Transaction and Communication

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Sundeary is not and cannot be a party to or control in any manner any transaction between the Platform’s Users.
Henceforward:
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Sundeary does not have any 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 Buyers and Sellers. All discounts, and offers (including exchange offers) are by the Seller/Brand and not by Sundeary .
2. Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual and Product to product.
3. Sundeary does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Sundeary does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Sundeary accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Sundeary is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Sundeary cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Sundeary shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5. Sundeary does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment on that behalf. Sundeary accepts no liability for any kind of claim made against it by Buyer or owner for whatever nature called.
6. At no time shall Sundeary have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Sundeary is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered.
Sundeary is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered.
Select products offered by sellers may be eligible for business purchases on the Platform.
1. Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You (“Tax Invoice”) shall be issued to You by the Seller(s) selling such products.
o GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you.
o Entity name of your registered business, as provided by you.
o Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
o Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale, or further distribution purposes.
o For seamless availment of the input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of the GST authority. Please note that availing of the input tax credit is subject to provisions of the GST Act and rules.
o The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by the GST authority if the delivery address and GSTIN in the GST invoice are of different states.
o If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
o Sundeary is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
o Sundeary and Seller shall not entertain any request for any revision in the GST Invoice. Sundeary and Seller shall not be liable for Your default including for reasons associated with details provided by You.
o Sundeary will not be liable in case You are not able to avail input tax credit or if the input tax credit is denied to You for any reason whatsoever.
o You shall be solely liable for all compliances required under applicable laws.
o You agree to indemnify and hold Sundeary and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
o Sundeary has the right to not allow business purchases on the Platform to You if fraudulent activity is identified.
o Seller reserves the right to not issue a Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction if any fraudulent activity is identified.
2. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Platform may be due to some technical issue, typographical error or product information published by the seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
1. You release and indemnify Sundeary and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have on this behalf under any applicable law.
2. Notwithstanding its reasonable efforts on that behalf, Sundeary cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other Users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.

Charges

Membership on the Platform is free for buyers. Sundeary does not charge any fee for browsing and buying on the Platform. Sundeary reserves the right to change its Fee Policy from time to time. In particular, Sundeary may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Sundeary reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to Sundeary .

Use of the Platform

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
o belongs to another person and to which You do not have any right to;
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
o is misleading in any way;
o 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;
o harasses or advocates harassment of another person;
o involves the transmission of “junk mail”, “chain letters”, unsolicited mass mailing, or “spamming”;
o promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
o 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];
o 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 to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
o contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
o provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
o provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
o contains video, photographs, or images of another person (with a minor or an adult).
o tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
o engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, Sundeary ’s prior written consent means a communication coming from Sundeary ’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
o solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
o interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;
o refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
o harm minors in any way;
o 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 products;
o violates any law for the time being in force;
o deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
o impersonate another person;
o contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
o 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 offense or prevents investigation of any offense, or is insulting any other nation.
o shall not be false, inaccurate, or misleading;
o 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.
o shall not create liability for Us or cause Us to lose (in whole or part) the services of Our internet service provider (“ISPs”) or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or any server, computer, network, or any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your information, as provided for by the Platform.
5. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by us including the terms Sundeary , Badaestore, WisyKart, Badaestore.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Sundeary or sellers on the platform or otherwise tarnish or dilute any Sundeary ’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Sundeary ’s systems or networks, or any systems or networks connected to Sundeary .
6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
8. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Flipkart and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products 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.
10. Solely to enable Us to use the information You supply us with so that we are not violating any rights You might have in Your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, concerning Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to the use of the Platform.
11. From time to time, You shall be responsible for providing information relating to the products 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 over emphasize the attributes of such products or services to mislead other Users in any manner.
12. You shall not engage in advertising to or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Sundeary shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS PROVIDED BY YOU FOR POSTING ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Sundeary ’s views. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
2. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
3. Sundeary shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
4. If you choose to browse or transact on the Platform using the voice-command-based shopping feature, you acknowledge that Sundeary and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve Sundeary ’s and/or its affiliates’ products and services. Sundeary ’s and/or its affiliates’ use of your voice data will be in accordance with Sundeary ’s Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. Sundeary reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.
5. You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada and Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese translation features are made available on the Platform on a reasonable-effort basis for convenience only, without any representation or warranties by Sundeary , express or implied, including the translations being error-free, their accuracy, completeness or reliability. Under the translation feature, You will have the option to add delivery addresses in the language selected by You out of the featured languages. Such delivery addresses shall be transliterated into the English language for processing, handling, and fulfilling Your orders on the Platform. Sundeary expressly disclaims any liability of any nature whatsoever arising from or related to the said translation/transliteration features on the Platform. Some features and sections on the Platform may not be translated into the language selected by You [Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese language, as applicable], and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version on the Platform shall prevail. This feature may not be accessible on certain devices. Sundeary reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”), is a third-party user-generated content or based on the contents/information provided by the manufacturer/wholesaler/ Retailer of the Product and Sundeary has relied upon such third party provided content as Sundeary is merely a trader/ Facilitator for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Platform or another medium for publication or distribution or any commercial enterprise, without Sundeary ’s express prior written consent.
You may use the information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, or for any commercial or legal use (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Privacy

We view the protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information are one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available in the Privacy Policy tab on Portal. If You object to Your Information being transferred or used in this way please do not use Platform.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, comply with our legal obligations, enforce our User Agreement, facilitate our marketing and advertising activities, or prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamate, or restructure the business. Should such a transaction occur that another business entity (or the new combined entity) will be required to follow this privacy policy concerning your personal information?

Disclaimer of Warranties and Liability

On this Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Sundeary does not warrant that:
This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate and non-misleading.
Sundeary will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Sundeary does not warrant that this site; information, Content, materials, product (including software), or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Platform constitutes or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications, and/or any other electronic mode of communication in case of any order or shipment, or delivery-related updates.

Selling

As a seller to Sundeary , all sales made to Sundeary whether Online or Offline or through any other channel shall be subject to the Terms and the Policies which are incorporated by way of reference in this Terms of Use. As a seller to Sundeary , you are allowed to sell the item(s) to Sundeary only for which you have legal and appropriate authorization. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the items do not infringe upon the intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy rights of third parties.

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. The decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The platform will not facilitate transactions concerning any other form of currency concerning the purchases made on the Platform.
Before shipping / delivering your order to you, the Seller may request you to provide supporting documents
(including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Further:
You understand, accept, and agree that the payment facility provided by Sundeary is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection, and remittance facility for the Transactions on the Sundeary Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing a Payment Facility, Sundeary is neither acting as trustees nor acting in a fiduciary capacity concerning the Transaction or the Transaction Price.

Payment Facility for Buyers:

1. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
2. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch / Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
3. You, as a Buyer, shall electronically notify Payment Facility using the appropriate Sundeary Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non-notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In the case of Cash On Delivery transactions, the Buyer is not required to confirm the receipt of products or services.
4. You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time then this would make You ineligible for a refund.
5. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
6. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
7. For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
8. Refunds shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
9. For electronics payments, refunds shall be made through a payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
10. Refunds may be supported by select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
11. Refund shall be conditional and shall be with recourse available to Sundeary in case of any misuse by Buyer.
12. We may also request you additional documents for verification.
13. Refund shall be subject to Buyer complying with Policies.
14. Sundeary reserves the right to impose limits on the number of Transactions or Transaction Price which Sundeary may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through the payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
15. Sundeary reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyers with Sundeary or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
16. Sundeary may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Sundeary . As a result of such check, if Sundeary is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Sundeary shall have the right to reject the receipt of / Buyer’s commitment to pay Transaction Price. For the avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Sundeary .
17. Sundeary may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Sundeary deems suspicious or for Buyers conducting high transaction volumes to ensure the safety of the Transaction and Transaction Price. In addition, Sundeary may hold Transaction Price and Sundeary may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
18. The Buyer and Seller acknowledge that Sundeary will not be liable for any damages, interests or claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of us.

Compliance with Laws:

1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2,00,000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be canceled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand canceled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
2. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export-Import Policy of the government of India) applicable to them respectively for using Payment Facility and Platform.
Buyer’s arrangement with Issuing Bank:
1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports a Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
General
If Sundeary has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Sundeary may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program.
Customers who have been blocked for any suspicious or fraudulent activity on Sundeary will not be allowed to return their products.
Sundeary reserves its right to initiate civil and/or criminal proceedings against a user who files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Sundeary may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.
Sundeary ’s Replacement Guarantee
The return policy period (Sundeary ’s Replacement Guarantee) depends on the product category and the seller. Kindly refer to the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions
1. Notify the seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return for the defective product/s.
2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same product or alike product.
Following products shall not be eligible for return or replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of product;
c. Any consumable item which has been used/installed;
d. Products with tampered or missing serial/UPC numbers;
e. Digital products/services
f. Any damage/defect which is not covered under the manufacturer’s warranty
g. Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
h. Customisation Product, which is ‘made to order’ on customer’s request Returns are not applicable for ‘Made to order’.