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Terms & Conditions

DEFINITIONS

 "Website" means the online platform, www.bharatmarketplace.com, owned and operated by Bharat Clouds Private Limited (hereinafter referred to as "Bharat Clouds").

 

 "Vendor" / "Seller" means any person or legal entity who offers for sale products/services through the website.


"Buyer" means any person or legal entity who accepts the offer for sale and purchases the products /services offered on the website.

 

"You" / "User" means any person or legal entity, including vendor, seller or buyer, using or accessing the website.


TERMS AND CONDITIONS

The terms and conditions contained herein form part of the agreement between Bharat Clouds Private Limited and the users of the website relating to sale and purchase transactions.


You acknowledge and agree that the website, www.bharatmarketplace.com, merely provides a platform for buyers to purchase products/services listed on the website subject to terms and conditions specified therein.     You are advised to go through the terms and conditions carefully before placing an order for products/services.   You should not use this service unless you are agreeable to the terms and conditions.   By accessing, browsing or otherwise using the website, You acknowledge and agree to the terms and conditions and to be legally bound by them.

 

 Bharat Clouds reserves the right to alter the terms and conditions and/or introduce additional terms and conditions without notice to you. You will be bound by these altered or additional terms and conditions if you continue to access the website.   Since Bharat Clouds is not bound to notify you of the alterations/additions, you are advised to review from time to time the terms and conditions in order to keep yourself updated with regard to the changes/additions.

 

 You acknowledge and agree that Bharat Clouds is not responsible and will not be held liable for the failure of the Seller/Buyer to execute the contract as agreed to by them.   Nor will Bharat Clouds be bound to interfere and resolve the dispute between the users.

                               

You acknowledge and agree that Bharat Clouds has the right to modify or suspend or terminate any service at any time without notifying you.   Also, Bharat Clouds may change the procedures and processes of sale or purchase of products/services, and shall not be liable to anyone including You for such modification, suspension or termination of services.  

 

You acknowledge and agree that the website only enables online transactions between sellers and buyers, and as such, any agreement for sale of products/services shall be strictly a bipartite contract between them.

 

You acknowledge and agree that You will comply with all the applicable laws of the Union of India and the rules and regulations made thereunder by the Governments – both Central and the States.

 

You acknowledge and agree not to post, upload or otherwise share any information which does not belong to you or which is defamatory, offensive, libelous or otherwise objectionable, or violative of laws relating to Privacy, Intellectual Property Rights, Copyrights, etc. or which promotes casteist, religious or racial discrimination.

 

You acknowledge and agree that no part of the website or any material posted thereon can be used for purposes other than those permitted by the terms and conditions of this agreement and by relevant applicable laws.   In particular, no part of the website or the materials provided therein can be copied, reproduced, uploaded or shared in any way with other websites or media for commercial purposes without the prior written approval of Bharat Clouds

 

REGISTRATION


Use of the Website is available only to persons who are legally competent under the Indian laws to enter into binding contracts. You will have to register with Bharat Clouds in order to avail of the website's services.  You acknowledge that the information provided by You at the time of registration is complete, genuine and current.   Furnishing of false information will lead to automatic cancellation of your membership and denial of access to the website. Bharat Clouds respects your privacy and assures you that all information provided by you will not be shared with others except under orders of a court. Further, Bharat Clouds  will not utilize or share your credit card details with any third party unless required by law, court order or any other legal regulatory body. Bharat Clouds further assures you that it will not store the customers' debit/credit card/net banking details used for the purpose of online payment at any time.

 

Membership on the website is free for buyers, and no fee is payable by them for browsing and buying on the website.   However, Bharat Clouds reserves the right to levy fees for existing as well as new services which they may be introduced in future.

 

You shall notify info@bharatclouds.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. 

  

 In addition to the foregoing, buyers and vendors agree to the following conditions also, as users of the website.

 

BUYER

You, as a buyer, acknowledge and agree -

a) that the transactions are between the buyer and seller and that Bharat Clouds is In no way  responsible for the accuracy, description, quality, reliability, etc. as represented by the seller in respect of their products/services.

b) that you are doing the transaction at your own risk, based on your judgment after personal verification of  the terms of offer in all respects including suitability for your need and modes of payment and delivery, as stated by the seller on the website.

c) that Bharat Clouds does not make any representation or warranty regarding the performance of obligations by the seller.

d) that if the product delivered is defective or damaged or does not conform to the specifications as ordered by you, the seller concerned will be solely responsible to You and Bharat Clouds will not be held liable for it.

e) that it is your responsibility  to check, before accepting delivery of any product, if the product's packaging is proper and intact.   You may refuse to accept delivery in case the package is damaged or tampered with.

f) that all orders placed by You on the website are a firm commitment by You and that You are obliged to complete the transaction without backtracking on it.

 

g) that You indemnify Bharat Clouds, its directors and employees from any cost, damage or any other liability arising out of the actions of the Users of the Website.

h) that the information and other details you have provided on the Website are accurate and genuine. You particularly acknowledge and agree that the credit card details furnished by you relate to the credit card legally owned by You.

 

VENDOR

 You, as a Vendor, acknowledge and agree –

a) that You are legally bound by the representations and warranties made by you on the website about your products/services and that Bharat Clouds is not in any way liable for the quality, merchantability, accuracy , etc. of your offers.

b) that You will arrange to deliver the products to the buyer within the agreed time period and in the agreed manner of delivery.

 

c) that You will be solely responsible to provide proper replacement to the Buyer within a reasonable time, if the Buyer decides to  return the product supplied by you for genuine reasons such as but not limited to: -

      i) the product packaging is damaged or tampered with;

     ii) the product is defective or damaged; or

    iii) the product does not comply with the Buyer's specifications

 

d) that you will be liable to refund the amount paid by the Buyer in the event of non-availability of the particular product with you.

 

INDEMNIFICATION

The User shall indemnify and hold harmless Bharat Clouds Private Limited, its owners, directors and employees from any claim, liability, loss, costs and expenses including attorneys' fees, caused by claims from third parties or penalty imposed due to or arising out of claims based on the User's actions or lack of actions including breach of the terms of the contract, violation of Privacy and other Policies or any laws, rules and regulations or infringement of rights of third parties.


DISCLAIMER

The information regarding the products/services including  specifications, prices, mode and terms of payment,  mode of delivery, etc. provided on the website are based on the information furnished by the manufacturers/vendors concerned and are on "as is where is" basis.   Bharat Clouds does not make any warranties, express or implied, about the reliability, availability, quality, suitability for the intended purpose, etc . of the  products/services offered on the website or about the bona fides or creditworthiness of any of the users, and shall not be held responsible and liable for any  damages/losses arising out of the use of such products/services.


Also, Bharat Clouds shall not be responsible for any unauthorized access to, or interference with the proper working of the website or with any dealings processed through the website or any other improper use.   Nor shall Bharat Clouds be responsible or liable for any defamatory, pornographic, obscene, derogatory or otherwise objectionable content uploaded by any user or for the improper conduct of any user, or for any infringement of third party rights including Intellectual Property Rights, Copyrights, Patents, and Trademarks.    


It is strongly recommended that users of the Website obtain professional advice from qualified consultants, instead of solely relying on the contents of the website, before arriving at a decision. 



RETURN POLICY

 

Bharat Clouds will make every effort to ensure that the needs of the customers are met and they are fully satisfied with the services provided by the website.


There may, however, arise occasions when the Buyer is not satisfied with the product received, for reasons such as the product not being in accordance with the Buyer's specifications (e.g. wrong size, wrong quantity) or the product being defective or damaged, etc.   


In such cases, Bharat Clouds will make every endeavor to assist the customer in getting a proper replacement, or in case replacement is not possible for any valid reason, a refund of the money paid by the Buyer, within a reasonable time.


However, such replacement/refund is subject to certain conditions :-


a) Bharat Clouds should be notified within 48 hours of receiving the product about the Buyer's decision to return the product. 


b) Product should not have been used or tampered with.


c) Product should be returned with original packing, price tag, packing slip, label and invoice.


d) Product should not have been damaged because of wrong use.


The Buyer is advised to check, before accepting delivery of the product, if there is any damage or tampering of the package.   In case you find any signs of damage or tampering of the package, you may refuse to accept it and convey the fact of your refusal to Bharat Clouds within 48 hours. Failure to do so will absolve Bharat Clouds from liability for replacement/refund.


After notifying Bharat Clouds within 48 hours as mentioned above, the Buyer should send a formal request for replacement within ten days from the date of delivery of the product, clearly giving the reasons therefor.   Buyer's request for replacement will be forwarded to the Seller for appropriate action, after verifying the genuineness of the request. If the Seller accepts the Buyer's request, the Buyer will be asked to return the product to the Seller. In case the Seller rejects the replacement request, the Buyer may email his concern to the Grievance Officer for redressal of his grievance at the following email id – complaints@bharatclouds.com

                                           

If the Seller accepts the replacement request, the Buyer will arrange to return the product with the original packaging, price tag, etc. to the Seller.    On receipt of the product, the Seller will ship the replacement product.   In the event of non-availability of the particular product, the Seller will refund the cost of the product paid by the Buyer.


Please note that replacement/refund is completely ruled out in the following cases.


   a)  Product has been used or tampered with;

   b)  Product is damaged as a result of wrong use;

   c)  Product returned without original packaging, price tags, label and invoice;

   d)  Request for replacement is not made within the prescribed time limit;

   e)  Digital products and services

 


GOVERNING LAW AND JURISDICTION


This agreement and the terms and conditions therein are governed by, and subject to, the laws of the Union of India. All claims and disputes arising out of the use of the website or any transaction processed through the website shall be subject to the exclusive jurisdiction of the courts in Chennai, India.