THE INFORMATION WE COLLECTWhen you communicate or do business/register with us, we collect information from you, and this may include personal information. For example, we collect information from you when you sign up for our Services, create an online account with us, make a purchase, request information, submit a trouble ticket, participate in a contest or survey, or otherwise contact us. The type of information that we collect depends on your interaction with us, but may include, where permitted by applicable law, the following: your name, company name, email address (business or personal), mailing/billing address (business or residential), credit card/billing information, telephone number (business or personal), and any other information that you choose to provide. We may use the information we collect from you in aggregated form or we may associate it with your username and other personal information that we collect about you. We may also combine information collected about you on one of our Sites with information collected through one or more of our other Sites or through your use of our Services for the same purposes as we would use such information in non-combined form. We explain how we use and disclose the information we collect about you below
HOW WE USE THE INFORMATION WE COLLECTWe use the information that we gather about you for the following purposes:
- To provide our Services to you, to communicate with you about your use of our Services, and to fulfill your orders.
- For the purpose for which you specifically provided the information to us, including, to respond to your inquiries, to provide any information that you request, to address trouble tickets, and for providing customer service.
- Where permitted by applicable law, to deliver customized content to you, to offer location customization, personalized help and instructions, and to otherwise personalize your experiences while using our Sites or our Services.
- For marketing and promotional purposes, for example, where permitted by applicable law, we may use your information, such as your email address, phone number, or mailing address to contact you with newsletters, special offers and promotions, or to otherwise contact you about products or information we think may interest you including voice, data, and internet communications products and services, as well as to track the success of our marketing and advertising campaigns.
- As permitted by applicable law, to assist us in advertising our products and services in various mediums including, without limitation, sending promotional emails, advertising our services on third party sites and social media platforms, direct mail, and by telemarketing.
- To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, to administer, monitor, and improve our Sites and Services, for our internal purposes, and for other research and analytical purposes.
HOW WE SHARE THE INFORMATION WE COLLECT
We may share your information as follows:
- We may disclose the information we collect from you to our affiliates. Our subsidiaries may use your information for the purposes indicated in this document, including, to market their products and services to you, to the extent permitted by law.
- We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. We take steps to ensure that third party contracts contain appropriate data protection and security language. These third parties include other carriers or providers where necessary to provide our Services or fulfil your requests or orders, as well as entities that provide website hosting, service/order fulfilment, customer service, and credit card processing, among others.
- Other Purposes for Which We May Seek Your Consent: From time to time, we may seek your consent to use your information for a purpose not described in this Policy. We may also share your personal information with third parties under other circumstances where we have your consent. For example, we may offer you the opportunity to participate in a survey or promotion; where applicable, your information will be used and shared as described in the instructions/rules to that survey and/or promotion.
- Business Transfers.If we are acquired by or merge with another company, or if substantially all of our assets are transferred to another company (which may include as part of bankruptcy proceedings), we may transfer the information we have collected from you to the other company.
- In Response to Legal Process.We may disclose the information we collect from you in order to comply with applicable law, judicial proceedings, a court order, or other legal process, such as in response to a court order or a subpoena.
- To Protect Us and Others.We may disclose the information we collect from you where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
- Aggregate and De-Identified Information.We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
SECURITYTo prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect through our Sites and the provision of our Services. Despite our best efforts, you will appreciate that no data security measures can guarantee 100% security. You should therefore take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity.
CHANGES TO THIS POLICYThis Policy is subject to change, and any changes to this Policy will be posted on our Sites. All information submitted through the Sites to StudyVikalp is subject to the terms and conditions of this Policy, as amended.
Seller EligibilityThe use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. 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 Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. StudyVikalp reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to StudyVikalp’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
Your Account and Registration ObligationsIn the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
CommunicationsWhen you use the Platform or send emails, 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 or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Platform for Transaction and CommunicationThe Platform is a platform that users utilize to independently meet and interact with one another for their transactions. StudyVikalp is not and cannot be a party to any transaction or dispute between users on the Platform. Consequently:
- All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. StudyVikalp does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
- StudyVikalp does not make any representations or warranties regarding specifics (such as quality, value, and salebility) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. StudyVikalp does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. StudyVikalp accepts no liability for any errors or omissions of third parties in relation to the products and services.
- StudyVikalp is not responsible for any non-performance or breach of any contract between you and buyers. StudyVikalp cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. StudyVikalp shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
- StudyVikalp does not make any representations or warranties regarding 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 buyer you choose to deal with on the Platform and use your best judgment in that regard.
- StudyVikalp does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
- At no time shall StudyVikalp hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. StudyVikalp is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
- The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. StudyVikalp only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
- You release and indemnify StudyVikalp and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, StudyVikalp cannot control the information provided by other users which is made available on the Platform.
Use of the PlatformYou agree and understand that StudyVikalp and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. StudyVikalp shall bear no responsibility or liability in relation to or arising out of third party user generated content. StudyVikalp neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. StudyVikalp is merely an intermediary and does not interfere in the transaction between buyers and sellers. You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
- You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, 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 own information) provided by the Platform.
- You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms StudyVikalp, Flipcart, StudyVikalp.com or otherwise engage in any conduct or action that might tarnish the image or reputation of StudyVikalp or sellers on the platform or otherwise tarnish or dilute any StudyVikalp trademark, service marks, trade name and/or goodwill associated with such trade, service marks or 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 StudyVikalp’s systems, networks, or any systems or networks connected to StudyVikalp.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
- You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of StudyVikalp and/or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and 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 Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools 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 Platform 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 Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
- Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of StudyVikalp.
- 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 over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
- You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material 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 the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem 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 material posted on the Platform. StudyVikalp shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect StudyVikalp’s views. In no event shall StudyVikalp assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content 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 misleading, libellous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
- It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and 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.
SellingAs a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. 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, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. 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 the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. StudyVikalp reserves the right to delete such multiple listings of the same product listed by you in various categories.
Limited LicenseStudyVikalp grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Powered by StudyVikalp” and/or “StudyVikalp.com” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, StudyVikalp grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “StudyVikalp.com” name and/or logo on packing material used by seller for delivery of Products sold on the Platform.
- Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render StudyVikalp liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
- You have specifically authorized StudyVikalp or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with StudyVikalp is on a principal to principal basis and by accepting the ToU, you agree that StudyVikalp is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. StudyVikalp does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
- You understand, accept, and agree that the payment facility provided by StudyVikalp is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, StudyVikalp neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
- All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facilities 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 a seller buyer and the respective issuing bank.
Dispatch of products and/or services
- You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, StudyVikalp will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform
- Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to StudyVikalp in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
- Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
- Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
- a) Buyer confirms the delivery of products and/or services in the transaction;
- b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
- c) Buyer’s refund claim is rejected by StudyVikalp due to any breach of the ToU, policies, and any applicable law;
ChargesRegistration on the Platform is free. StudyVikalp does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy. StudyVikalp reserves the right to change its fee policy from time to time. In particular, StudyVikalp 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, StudyVikalp 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 (INR) and payable to StudyVikalp. You shall be solely responsible for compliance with all applicable laws for making payments to StudyVikalp.
Compliance with LawsSeller shall comply with all the applicable laws and obtain all necessary licences and permits applicable to them.
Product DescriptionStudyVikalp does not warrant that the product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of LiabilityIN NO EVENT SHALL STUDYVIKALP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF STUDYVIKALP HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable LawThe ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.
Jurisdictional Issues / Sale in India OnlyUnless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. StudyVikalp makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and StudyVikalp is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Contact UsMr. Fahim Ul Haq Founder & CEO – ZIA INFOTECH Office Address: F – 126 & 127, Dhanshree Tower 2, Central Spine Road, Vidhyadhar Nagar, Jaipur, Rajasthan, India 302023 Phone: +91- 141 4922258 Email: [email protected]
- StudyVikalp may, at its sole discretion, choose to enlist preferred service providers on the Platform for certain services useful to the sellers. By doing so, StudyVikalp is not endorsing any service provider or its services. StudyVikalp neither guarantees nor gives any warranty nor makes any representation with respect to the services of such service providers.
- Sellers may engage with such service providers at their own cost and risk, and the relationship between the seller and the service provider will be governed by a separate agreement between the parties.
- StudyVikalp will neither be a party to nor in any manner be concerned with the services rendered nor be liable or responsible for any act or omission on the sellers’ part or on part of the service provider.
- StudyVikalp hereby expressly disclaims that all liabilities that may arise, directly or indirectly, as a consequence of the business arrangement entered into between the seller and the service provider(s); and warranties, conditions or statements, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose.
- Seller & all other parties associated with StudyVikalp shall comply and ensure that (hereinafter collectively referred to as the “Parties”) with the following at all times. We reserve the right to blacklist the seller or to make seller pending if found violating any of the below-
- Compliance with Applicable Laws and Anti-Bribery: Parties must comply with all applicable laws and regulations (“applicable laws and regulations”). StudyVikalp has no tolerance for bribery or corruption in any aspect of its business. StudyVikalp’s policy prohibits engaging in any form of corruption, bribery, kickback, extortion, embezzlement or money laundering. StudyVikalp is committed not only to complying with all applicable laws and regulations regarding such activities but also to acting with integrity and the highest ethical standards. Parties shall not participate in, facilitate or permit any form of corruption, bribery, kickback, extortion, embezzlement or money laundering, whether with respect to public officials or to any other person. Parties shall comply strictly with all applicable laws and regulations and with StudyVikalp’s policy set forth herein.
- Intellectual Property: Parties shall respect the intellectual property rights of others and shall comply with applicable laws and regulations related to patents, copyrights, trademarks and trade secrets.
- Confidential and Proprietary Information: Parties shall safeguard StudyVikalp’s confidential and proprietary information. This obligation includes using commercially reasonable means to safeguard information technology systems on which StudyVikalp’s information is stored or transmitted. In addition, Parties shall refuse any improper access to confidential or proprietary information of any other company, including our competitors and customers.
- Additional Obligations:
- Contact customer beyond the provision of delivery services;
- Misbehave with customer while delivering shipment;
- Misuse or share any information provided by the shipper;
- Harass/stalk/bully customers through email, messages, call or any online or offline medium;
- Be involved in loss or theft of goods and cash;
- Provide wrong update on shipment and pick up status;
- Be rude with the customers; and/or
- Violate the delivery terms.
- Take any kind of unwarranted allowances such as tips from the buyers.