TERMS OF USE
Welcome to Vipush Industris. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule ) 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 Vipush Industries marketplace platform - www.Vipush Industries.com (hereinafter referred to as "Platform")
Your use of the Vipush Industries and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Vipush Industries including the applicable policies which are incorporated herein by way of reference. By mere use of the Vipush Industries, You shall be contracting with Vipush Industries , the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Vipush Industries.
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 Platform by providing data while registering on the Platform as Registered User. The term "Vipush Industries","We","Us","Our" shall mean Vipush Industries Designs Private Limited and its affiliates.
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. You shall ensure 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. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Vipush Industries Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
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, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
immediately notify Vipush Industries of any unauthorized use / breach of your password or account and
ensure that you exit from your account at the end of each session.
2. Services Offered:
Vipush Industries provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as resellingsos some brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the Company rules tab on the Platform and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Vipush Industries does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. Vipush Industries is not and cannot be a party to or control in any manner any transaction between the Vipush Industries's Users. Henceforward:
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. Vipush Industries 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.
Vipush Industries 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.
Vipush Industries is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Vipush Industries cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
At no time shall Vipush Industries hold any right, title or interest over the products nor shall Vipush Industries have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
The Vipush Industries is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Vipush Industries is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Vipush Industries hold any any right, title or interest over the products nor shall Vipush Industries have any obligations or liabilities in respect of such contract. Vipush Industries is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify Vipush Industries 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 Vipush Industries and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Vipush Industries cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
You confirm company rules
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You do not have any right to
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
is misleading in any way
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
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
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to 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
interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
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
violates any law for the time being in force
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
shall not be false, inaccurate or misleading
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
Users doesn't reply to the payment verification mail sent by Vipush Industries
Users fails to produce adequate documents during the payment details verification
Misuse of another Users's phone/email
Users uses invalid address, email and phone no.
Overuse of a voucher code
Use of a special voucher not tagged to the email ID used.
Users returns the wrong product
Users refuses to pay for an order
Users involved in the snatch and run of any order
Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Vipush Industries
User with a very high return rate
Repeated request for monetary compensation for fake/used order
Vipush Industries may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Vipush Industries:
Products ordered are not for self-consumption but for commercial resale
Multiple orders placed for same product at the same address, depending on the product category.
Bulk quantity of the same product ordered
Invalid address given in order details
Any malpractice used to place the order
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Any order paced using a technological glitch/loophole.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Vipush Industries.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Vipush Industries by sharing multiple address and phone numbers or transacting with malafide intentions.