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Terms of Use

                                                            Terms of Use

 

The website www.BharatSupply.com ("BharatSupply.com") is operated by Aryavarta Manufactures Supply Management Hub LLC ("BharatSupply" or "us" or "we" or "our"), having its registered office located at 6 1 26, Challavari Street, Bhimavaram, West Godavari, Andhra Pradesh, 534201, India. Please read these conditions carefully before using the BharatSupply.com platform. By using the BharatSupply, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future BharatSupply.com service, you will also be subject to the terms, guidelines and conditions applicable to that BharatSupply Service. If these Conditions of Use are inconsistent with such Terms, the Terms will control.

We also share information with third-party service providers. For example, we use third-party service providers to fulfil orders for products or services, and to deliver packages. For any further details on our security practices please read our Privacy Notice. For any queries or issues relating to BharatSupply.com, you can contact us by Clicking here

This document is a legally binding agreement between a Seller (as defined below) or a Buyer (as defined below), as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who access or use or transact on the Platform and avail Service for a commercial purpose only and the Aryavarta Manufactures Supply Management Hub LLC (referred to as “we”, “our” or “BharatSupply” or “BharatSupply Services” hereinafter). You acknowledge and agree that the Platform is a business to business (B2B) platform and provides services to business entities only. 

This document and such other rules and policies of the Platform (including but not limited to Return Shipments Policy, Privacy Policy, Seller Agreement, Infringement Policy) as may be amended from time to time are collectively referred to below as the “Terms”. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. By accessing, browsing, or otherwise using the Platform or using the Services, including following the posting of changes, User agrees to accept and be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates / changes. Please do not use the Services or access the Platform if you do not accept the Terms or are unable to be bound by the Terms. 

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR BHARATSUPPLY.

This electronic record is generated by a computer system and does not require any physical or digital signatures. 

For the ease of reference, this document is categorized as following section of articles 

  • General Conditions Relating to Your Use of BharatSupply.com 
  • Notice and Procedure for Making Claims of Right Infringements
  • Notice and Procedure for Notifying BharatSupply.com of Objectionable Content
  • Conditions of Sale (between Sellers and the Customer)
  • Claims against Objectionable Content

  • General Conditions Relating to Your Use of BharatSupply.com 

o   User Account Terms

§  If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. User must be registered on the Platform to access or avail the Services for its commercial purposes. You agree and acknowledge that you will transact on the Platform only for your business purposes and not for personal use. Except with BharatSupply’s approval, one User may only register one account on the Platform. BharatSupply may cancel or terminate a User’s account if BharatSupply has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, BharatSupply may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

§  While registering the User account on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhar, address, phone number and/ or any other information that may be required by BharatSupply to provide in relation to your business. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, BharatSupply reserves its right to take appropriate steps as set forth under section 1.e (Breach and Action) of these General Terms. For the purposes of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.

§  You agree that you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with BharatSupply, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).

§  You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, 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 on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content on the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. BharatSupply reserves its right to bar any such activity.

      • User shall not host, display, upload, modify, publish, transmit, store, update or share any information which:
        • belongs to another person and to which User does not have any right to;
        • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy including bodily privacy, hateful, racially or 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 or otherwise inconsistent with or contrary to the laws in force;

o   Privacy

§  Please review our Privacy Notice, which also governs your visit to BharatSupply.com, to understand our practices. The personal information / data provided to us by you during the course of usage of BharatSupply.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website. 

o   E-Platform for Communication

§  You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. 

§  You further agree and acknowledge that BharatSupply is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on BharatSupply.com.

§  User further acknowledges and undertakes that it shall use the Platform or Services only for its lawful business purposes. Buyer agrees to purchase the products from the Seller for further resale or commercial purpose and shall not use the products purchased for your personal use or consumption. 

§  For any Services, BharatSupply does not represent either the Seller or the Buyer in specific transactions. BharatSupply does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. BharatSupply does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with BharatSupply nor shall BharatSupply have any obligations or liabilities in respect of any transactions on the Platform.

§  Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform. 

§  BharatSupply shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. BharatSupply shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products or any third party that is rendering services to you.

§  In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify BharatSupply (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from BharatSupply site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third party.

§  We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Seller and the Buyer.

§  The User(s) shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.

o   Access to BharatSupply.com

§  We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

o   Breach and Action

§  If any User breaches any Terms, or if BharatSupply has reasonable grounds to believe that a User is in breach of any Terms, or could subject BharatSupply or its affiliates to liability, or is otherwise found inappropriate or unlawful in BharatSupply’s opinion, BharatSupply shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: 

§  suspending or terminating the User’s account and any and all accounts determined to be related to such account by BharatSupply in its discretion; 

§  blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; 

§  removing any product listings or other User Content that the User has submitted, posted or displayed;

§  withhold settlement of payments by BharatSupply to the User;

§  any other corrective actions, discipline or penalties as BharatSupply may deem necessary or appropriate in its sole discretion.

§  BharatSupply does not pre-screen any content or information posted, published or transmitted on the Platform by the users and BharatSupply is under no obligation to pre-screen any such content or information. However, BharatSupply may at its discretion and/or in accordance with applicable law may voluntarily take down any content or information posted by you on the Platform and if BharatSupply determines that any content or information is in violation of these Terms, BharatSupply may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute BharatSupply’s position as an intermediary or impose any liability on BharatSupply with respect to content or information posted, published or transmitted by users on the Platform. 

§  Notwithstanding anything contained herein these Terms, BharatSupply may with or without notice and in its sole discretion be entitled to suspend, reduce visibility of the product listings, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behavior of the User on the Platform, performance of the User on the Platform, etc.

§  In the event a User becomes inactive or if no transaction is noticed by BharatSupply, in such a case BharatSupply reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User. 

§  BharatSupply reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, BharatSupply may disclose the User's identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. 

§  If it comes to the knowledge of BharatSupply or BharatSupply reasonably believes that any User has availed any Services to obtain any product/service for its personal use or consumption or for any purpose other than a commercial purpose, BharatSupply shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account.

o   License for website access

§  Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, BharatSupply Seller Servicesgrants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BharatSupply Seller Servicesand / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

§  This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of BharatSupply Seller Services and / or its affiliates, as may be applicable.

§  You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BharatSupply.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BharatSupply Seller Services or its affiliates' names or trademarks without the express written consent of BharatSupply Seller Services and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by BharatSupply Seller Services and / or its affiliates, as applicable.

§  You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of BharatSupply.com as long as the link does not portray BharatSupply Seller Services, BharatSupply.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BharatSupply.com logo or other proprietary graphic or trademark as part of the link without express written consent of BharatSupply Seller Services and / or its affiliates, as may be applicable.

o   Liability And Indemnity

§  To the maximum extent permitted by law, BharatSupply makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; BharatSupply does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the platform does not violate any third party rights; and BharatSupply makes no representations or warranties of any kind concerning any product or service offered or displayed on the platform. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of BharatSupply for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.

§  Under no circumstances will BharatSupply be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if BharatSupply has been advised of the possibility of such damages. 

o   Your Conduct

§  You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not BharatSupply.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

§  for fraudulent purposes, or in connection with a criminal offense or other unlawful activity 

§  to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defense, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or is patently false and untrue.

§  to cause annoyance, inconvenience or needless anxiety

o   Copyright, authors' rights and database rights

§  All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BharatSupply Seller Services, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of BharatSupply Seller Services and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of BharatSupply Seller Services, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

§  You may not systematically extract/ or re-utilize parts of the contents of the website without BharatSupply Seller Services and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without BharatSupply Seller Services and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without BharatSupply Seller Services and / or its affiliate's (as may be applicable) express written consent.

o   Intellectual Property Claims

§  BharatSupply Seller Services and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

o   Trademarks

§  BHARATSUPPLY.COM, BHARATSUPPLY, THE BHARATSUPPLY LOGO, AND BHARATSUPPLY.IN, and other marks indicated on our website are trademarks or registered trademarks of BharatSupply.com or its subsidiaries (collectively "BharatSupply"). BharatSupply.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of BharatSupply. BharatSupply's trademarks and trade dress may not be used in connection with any product or service that is not BharatSupply's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BharatSupply. All other trademarks not owned by BharatSupply that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BharatSupply.

o   Disclaimer

§  You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

§  We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with BharatSupply nor shall BharatSupply have any obligations or liabilities in respect of any transactions on the website.

o   Indemnity and Release

§  You shall indemnify and hold harmless BharatSupply Seller Services, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

§  You hereby expressly release BharatSupply Seller Services and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

o   Children

§  Use of BharatSupply.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use BharatSupply.com only with the involvement of a parent or guardian.

o   Other Businesses

§  Parties other than BharatSupply Seller Services and its affiliates may operate stores, provide services, or sell product lines on BharatSupply.com. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. BharatSupply Seller Services does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

o   Communications

§  When you visit BharatSupply.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

o   Losses

§  We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

o   Alteration of Service or Amendments to the Conditions

§  We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

o   Events beyond our reasonable control

§  We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

o   Waiver

§  If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

o   Governing law and Jurisdiction

§  These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bhimavaram.

o   Our Details

§  This website is operated by Aryavarta Manufactures Supply Management Hub LLC. For the BharatSupply.com website, you could contact us by visiting: https://bharatsupply.com/conta...

o   Customer Complaint Details

§  The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.

o   Sanctions and Export Policy

§  You may not use any BharatSupply Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using BharatSupply Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including BharatSupply Software), technology and services.

 

  • Notice and Procedure for Making Claims of Right Infringements

o   If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

o   Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to BharatSupply the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify BharatSupply for all claims brought by a third party against BharatSupply arising out of or in connection with the submission of a Notice Form.

o   Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on BharatSupply.com and are posted solely at the direction of Third Party Sellers who may be contacted via their "Vendor Information" page, accessible from any of their listings.

o   Important Warning: giving false, misleading or inaccurate information in the Notice Form to BharatSupply may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

o   Notice Form:

§  If you believe that your rights are being violated by an item or information on the BharatSupply.com site, you may send us the claim via E-mail PDF to info@BharatSupply.com with Subject Line: Claim of Infringement 

§  Please provide your address, telephone number, and e-mail address when sending the notice to us

o    We will accept a signed PDF via e-mail with the subject line "Claim of Infringement", unless by prior agreement we have agreed with you for an alternative receipt mechanism.

 

  • Notice and Procedure for Notifying BharatSupply.com of Objectionable Content

o   If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined under (1.a.v) above, please notify us immediately by copying the Notice to BharatSupply.com of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF to info@BharatSupply.com with Subject Line: 

o   Claim of Objectionable Content

o   Please note that this procedure is exclusively for notifying BharatSupply.com of Objectionable Content on or advertised for sale on the BharatSupply.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.

o   Important Warning: Giving false, misleading or inaccurate information in the Notice to BharatSupply.com may result in civil and/ or criminal liability.

o   Notice to BharatSupply.com of Objectionable Content Sample Format:

o   In the matter of BharatSupply.com

o   I, [Please set out your full name] of [please give your postal address], [please set your occupation], says as follows:

o   I refer to the website www.BharatSupply.com ("the website"). I make this statement in support of my giving BharatSupply.com notice that, via the website, it is causing or contributing to the publication of Objectionable Content.

o   The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about]. 

o   This content is Objectionable Content because [please state why you consider the content is Objectionable Content]. 

o   I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about. 

o   Statement of Truth

o   I declare the facts stated above to be true.

o   Signed:

o   Dated:

o   Please read the conditions of use carefully before using the BharatSupply.com website. By using the BharatSupply.com website, you signify your agreement to be bound by these conditions.

o   BharatSupply Software Terms

§  You may use BharatSupply Software solely for purposes of enabling you to use and enjoy the BharatSupply Services as provided by BharatSupply, and as permitted by the Conditions of Use, these BharatSupply Software Terms and any Terms. You may not incorporate any portion of the BharatSupply Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BharatSupply Software or otherwise assign any rights to the BharatSupply Software in whole or in part. You may not use the BharatSupply Software for any illegal purpose. We may cease providing any BharatSupply Software and we may terminate your right to use any BharatSupply Software at any time. Your rights to use the BharatSupply Software will automatically terminate without notice from us if you fail to comply with any of these BharatSupply Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain BharatSupply Software that are specifically identified in related documentation may apply to that BharatSupply Software (or software incorporated with the BharatSupply Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any BharatSupply Service is the property of BharatSupply and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

o   Use of Third Party Services

§  When you use the BharatSupply Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

§  No Reverse Engineering

§  You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the BharatSupply Software, whether in whole or in part, or create any derivative works from or of the BharatSupply Software.

o   Updates

§  In order to keep the BharatSupply Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

  • Conditions of Sale (between Sellers and the Customer)

o   Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the BharatSupply.com (the website). These conditions signify your agreement to be bound by these conditions.

§  In addition, when you use any current or future BharatSupply.com service (eg: Wishlist or Marketplace or BharatSupply MP3 Service), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

o   Conditions Relating to the Sale of Products to You

§  This section deals with conditions relating to the sale of products on the website by us to you.

o   Our Contract

§  BUYER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

§  You represent, warrant and agree that:

§  you are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms; 

§  you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder; 

§  you will use the Platform and Services for business purposes only; 

§  you will not use or access the Platform for your personal purposes and any Products that you purchase shall be for commercial purposes and not for personal consumption; 

§  the address you provide when registering your account on the Platform is the Buyer place of business of your business entity; 

§  your business is validly existing and incorporated / established as per the provisions of applicable laws;

§  you shall comply with all applicable laws while using and accessing the Platform; 

§  you and Products or services provided by you on the Platform (if any) comply with applicable laws;

§  you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display; 

§  any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.

§  Buyer will be required to provide information or material about Buyer’s entity, its business, services or products as part of the registration process on the Platform or your use of any Service or the Buyer account and such information may be required to be furnished by BharatSupply from time to time. Buyer represents, warrants and agrees that:

§  such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete; and

§  Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

§  Buyer may be required to promptly furnish additional documents or information as and when requested by BharatSupply to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing BharatSupply reserves its right to take appropriate measures as set out under Clause 7 (Breaches and Suspension) of the General Terms.

§  Buyer consents to the inclusion of the contact information about Buyer in BharatSupply’s database and usage of the same as per BharatSupply’s privacy policy. 

o   PAYMENTS BY BUYERS

§  Upon placing the Order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time. 

§  At the time of placing the Order to purchase Products from Seller on Platform, we may in our sole discretion require Buyer to pay a token amount equivalent to a certain percentage of the value of the Product(s) purchased from the Seller (“Token Amount”). Such Token Amount payable by the Buyer shall in no event exceed the transaction amount for an Order. The Token Amount shall be non-interest bearing and shall be held in trust by us. This Token Amount shall be adjusted from payment received from the Buyer against the order delivered. In the event of any cancellation of the Order by the Buyer, we may in our sole discretion either:

o   refund the Token Amount to the Buyer;

o   forfeit the Token Amount as cancellation fee; or

o   transfer the Token Amount to Seller.

§  You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the Platform. If you continue to transact on the Platform, it shall be deemed that you have agreed and accepted the above terms.

§  Buyer acknowledges that it is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer. Buyer acknowledges and agrees that we are acting merely as a payment collector and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorized by the Buyer or its payment instructions.

§  We will transmit the payments for the Orders received from the Buyer in the manner as set forth under the settlement process of Seller Terms. You hereby agree to be bound by the applicable provisions of the Seller Terms in this regard and agree not to raise any dispute with respect to the manner of settlement by BharatSupply.

§  You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform.

§  Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of Seller, deficiency of service and/or Products delivered, technical errors on the Platform. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform.

§  In case of an occurrence of a chargeback event, we reserve our right to withhold the settlements to Seller, pending enquiries by the banks or any regulatory body till the resolution of such issues.

§  Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws.

§  Any refunds shall be subject to the Return Shipments Policy and Undelivered Shipment Policy. Refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s bank account based on respective banks policies. 

§  If you avail service from any third party service provider using the Platform, upon receipt of instruction from such third party service provider, you agree and authorise us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process of Seller Terms. You agree and acknowledge that no separate authorisation will be required by us to collect and transfer payment to such third-party service provider. 

o   Logistics Services

§  We reserve the right to engage the services of third-party service providers to provide the Logistics Services to you.

§  Upon receipt of order for Logistics Services from you, we shall pick up the Shipment from the location as communicated to us by the Seller and deliver the same to the location as designated by you. You agree that the title and risk in the Shipment shall pass onto you at the time the Shipment is picked up by us.

§  Upon receipt of Shipment from the Seller, we will use our best endeavors to deliver the Shipment(s) to the Consignee to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Buyer. We will not verify the identification of the person receiving the Shipment at the designated delivery address, however, we will obtain the signature of recipient of the Shipment on the Delivery Note. The Buyer hereby authorizes us to contact the Buyer, at any given point of time, by way of calls or SMS or any other method of messaging (Example: WhatsApp) for transactional purposes including but not limited to order confirmations and/or delivering the Order(s).

§  At the time of placing the Order, if the Buyer chooses the option, pay ‘cash on delivery’, we will collect the amount pertaining to the Order at the time of delivery of the Products to the Consignee. If the cash to be collected for each such Order, where such amount contains a part of a rupee consisting of paise, then the cash to be collected from the Buyer shall be either rounded upwards or rounded downwards to the nearest rupee, in the manner as mentioned herein - (i) if such part is less than 50 paise then, it would be rounded down to the preceding nearest rupee, and (ii) if such part is 50 paise and above then, it would be rounded upwards to the next nearest rupee. The cash collected against the Order at the time of delivery of the Shipment where cash on delivery option is chosen by the Buyer or where the amount against the Order is pre-paid by the Buyer shall be settled and remitted to the Seller in accordance with the settlement process as set out in the Seller Terms. 

§  Shipment which contain Dangerous Goods or such goods that are expressly prohibited by the railway/airport authority or any other transport agency or government authority or any other law or regulation that may be applicable, shall not be accepted by us for delivery.

§  Shipment addressed to a post box number or with incomplete address will not be delivered by us and the same will be rejected by us.

§  We reserve our right to weigh and measure the Shipment at our own weighing centers and in the event of any discrepancy, additional charges may be levied on the Shipment. Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final and you hereby authorize us to determine the accurate weight on your behalf.

§  We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.

§  Consignee(s) are required to behave properly with the pickup and delivery associates of BharatSupply. Any misbehavior, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. BharatSupply reserves the right to suspend your use or access to the Platform in its sole discretion if deemed that a Buyer is in violation of this clause.

§  Shipments shall be delivered on ‘as is’ basis and unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time and without notice to you, inspect the contents of Shipment to ensure compliance to these Terms.

§  We do not provide any open box delivery for any of the Shipments.

§  Every effort will be made to adhere to the delivery schedule, however, the Shipment may be delayed due to circumstances beyond our reasonable control or due to any force majeure event. 

§  If the performance of our obligations, in our reasonable opinion is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage whatsoever and which cannot be avoided by our reasonable endeavors, we may, on giving notice in writing to you or without notice where it is not reasonably possible to give such notice, place the Shipment or any part of them at any place which we may deem safe and convenient. We may in our sole discretion charge additional costs of carriage to, and delivery and keep at, such place and all other expenses incurred by us in this regard and such additional costs will be as displayed on the Platform.

§  If you avail shipping and delivery services directly from the Seller, you agree that such provision of service shall be governed by way of a separate arrangement between you and the Seller. You agree not to hold us liable in any manner whatsoever for any deficiency in provision of such shipping and delivery services by the Seller and we disclaim all liabilities in this regard. 

o   Undelivered Shipment

§  You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed here.

o   Returns

§  In case of any Return Request (as defined under the Return Shipments Policy), you agree to be bound by the provisions of the Return Shipments Policy which can be accessed here.

o   Lien

§  We shall have a general and particular lien on the goods and other contents of Shipments and all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due and payable by you to us including, without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and/or all expenses incurred for the benefit or protection of the Shipments, and also for any payments, duties, fines or other expenses including but not limited to interest and legal costs and expenses, due at any time to us from you. If any amount due and payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion and without notice, suspend or cease providing all or any part of the Logistics Services without any liability whatsoever to you or any third party and, at our absolute discretion, may proceed to sell the Shipments in the manner which we may deem fit. Our rights are reserved for any shortfall subsequent to the disposal of the Shipments.

o   Fees and Charges

§  We will charge the Buyer for providing Logistics Services and unless otherwise stated, all such charges shall be exclusive of Goods and Service Tax. The charges payable for availing the Logistics Services will be displayed in the Rate Card section of the Platform and the same may be modified or amended, from time to time, solely in our discretion without any notice thereof. It shall be Buyer’s duty to routinely check on such charges. In the event the Buyer continues to avail the Logistics Services from us, it shall be deemed that the Buyer agrees to such change in charges.

§  Any taxes, duties, or levies applicable on entry or any other charges levied by any central/state/local authorities wherever applicable shall be extra and Buyer will be liable to pay the same.

§  The charges shall be subject to applicable taxes, as per prevailing applicable laws. Buyer shall deduct income tax as applicable against the amounts payable to BharatSupply if required by applicable law, except to the extent where BharatSupply submits a nil/reduced withholding certificate. Buyer shall remit the withholding taxes to the relevant tax authorities and enable BharatSupply to claim a tax credit by providing an appropriate and timely certificate of withholding as stipulated under the applicable law.

§  For any additional services availed by the Buyer from BharatSupply, BharatSupply will charge additional charges for any such additional services. BharatSupply may enter into a separate bi-partite contractual arrangement with the Buyer for provisioning of such additional services to the Buyer. BharatSupply reserves its right to levy penalty or late payment charges in case of delay by the Buyer in clearing any dues payable to BharatSupply 

o   Limitation Of Liability And Indemnity

§  We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.

o   Customer Acquisition Program

§  BharatSupply is running a customer acquisition program for Buyers to service BharatSupply’s customers in locations where BharatSupply is unserviceable for certain additional benefits (“Customer Acquisition Program”). All Buyers who are interested in to be a part of this Customer Acquisition Program should contact its respective field executives. The selection of Buyers for the Customer Acquisition Program shall be basis the qualification to the terms and conditions introduced by BharatSupply in this regard from time to time.

o   Seller Terms

§  The provision of this Section III shall be applicable only to a Seller(s). These Seller Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Seller Terms, the terms of Seller Terms shall supersede and prevail.

o   DEFINITIONS

§  For the purposes of this Section, the following capitalized terms shall have the following meaning:

§  “Dangerous Goods” includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.

§  “Delivery Note” shall mean the waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address and contact number (if applicable) of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).

§  “Order(s)” shall mean order placed by Buyer for purchasing Products from the Seller on the Platform.

§  “Payment and Settlement Services” shall mean remittance and settlement of any and all payments collected by BharatSupply from the Buyer or third party paying on behalf of the Buyer, pursuant to an order placed by a Buyer on the Platform, to the designated bank accounts of the Seller or any third party upon receipt of instructions from the Seller.

§  “Product(s)” shall mean goods of any categories (other than Dangerous Goods). 

§  “Sales and Distribution Support Services” or “S&D Services” shall mean to include the Standard Platform Services, Payment and Settlement Services, Standard Warehousing Services, goods handling services and other allied services that may be provided by BharatSupply to support supply chain. 

§  “Seller” shall have the meaning ascribed to it under the General Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Seller.

§  “Shipment(s) / Consignment(s)” means all products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.

§  “Standard Platform Services” shall mean the use and access of the Platform by the Seller, which includes but not limited to creation, display and updating of product listings and subsequent sale transaction by the Seller to the Buyer, in accordance with these Seller Terms and General Terms.

§  “Standard Warehousing Services” shall include but not be limited to: (a) arranging for the storage of Products of the Seller; (b) handling Products of the Seller at warehouse(s); (c) tertiary packaging of the Products for ease of handling, transportation, and temporary storage of the Products to be shipped to Buyer; (d) performing the administrative task of printing invoices for the Seller; (d) other ancillary services as may be mutually agreed between BharatSupply and the Seller; and/or (e) special access to fulfil Orders from own source.

o   SELLER’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

§  You represent, warrant and agree that:

§  you are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms; 

§  you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder; 

§  you shall use the Platform and Services for business purposes only; 

§  you will not use or access the Platform for your personal purposes and any Products that you may sell are for commercial purposes and not for personal consumption; 

§  the address you provide when registering your account on the Platform is the Seller place of business of your business entity; 

§  your business is validly existing and incorporated / established as per the provisions of applicable laws;

§  you shall comply with all applicable laws while using and accessing the Platform; 

§  you and Products or services provided by you on the Platform (if any) comply with applicable laws;

§  you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display; 

§  any User Content that Seller submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); 

§  you have the right and authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the Products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights;

§  the description and particulars of the Consignment (including but not limited to the weight, content, measure, quality, condition, marks, numbers, and value) are complete and accurate with all laws, regulations, and requirements that may be applicable;

§  all information provided by you or person acting on your behalf relating to the Shipment(s) are complete and accurate;

§  the Shipment(s) are properly and sufficiently prepared, packed, stowed, labelled, and/or marked;

§  the Shipment(s) are packed in a manner adequate to withstand normal handling or storing while transporting;

§  the Shipment(s) are in compliance with all laws, regulations, and requirements as may be applicable.

§  Seller will be required to provide information or material about Seller’s entity, its business or Products/services as part of the registration process on the Platform or your use of any Service or the Seller account. Seller represents, warrants and agrees that:

§  such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete; and

§  Seller will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

§  Seller may be required to furnish additional documents or information about products/ services that the Seller may offer for sale on the Platform in order to authenticate that the Products offered for sale are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. Seller agrees to promptly provide such additional documents and information, failing BharatSupply reserves its right to take appropriate measures as set out under Clause 7 of the General Terms.

§  Seller consents to the inclusion of the contact information about Seller in BharatSupply’s database and usage of the same as per Privacy Policy. 

§  Seller shall comply with the packaging guidelines as communicated to the Seller by BharatSupply from time to time. The said packaging guidelines can be accessed here. 

§  For delivery of Shipments, Seller hereby authorizes us to carry out the administrative task of printing Delivery Note containing information with respect to Shipment on its behalf. The Seller agrees to be solely responsible for any discrepancy or error in the details mentioned on such Delivery Note and agrees to indemnify us against any such losses or claims.

§  Seller shall ensure that the Consignment does not contain any letter of communication which will infringe the Indian Postal Act, 1983 or any other applicable laws. We accept Consignment in good faith that the Consignment do not contain anything which will infringe or be in violation of any applicable laws.

§  If more than one Consignment is booked to the same Buyer, Seller must ensure that the full address of the Buyer is written on all the Consignments.

§  Seller shall not enclose cash, digital currency, high value gift articles, share certificates, travel documents, Dangerous Goods, explosives, firearms, cattle, or any other product that is prohibited by applicable laws, in the Shipment. If Dangerous Goods or any goods that are prohibited by applicable laws are found in the Shipment which constitute a risk to other goods, property, life or health, such Shipment may without notice be destroyed or otherwise dealt with at our sole discretion and at your risk and expense. In this regard, you shall, at all times, fully indemnify us and hold us harmless against all penalties, claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising in connection with any such Products.

§  Seller shall be solely responsible to declare the accurate value of the Consignment.

§  Seller shall ensure that all the Consignments are provided to us before the specified cut-off-time specified by us for on time delivery with all the proper documents (in accordance with applicable laws including but not limited to applicable central, state, integrated, or Union Territory goods & services tax laws (GST)) required to ship the Shipments. GST on the Products contained in Shipments and all applicable statutory tax compliances shall be your sole responsibility and we shall not be responsible for any losses, damages resulting from any such non-compliances.

§  Seller shall be solely responsible to ensure that the Consignment is handed over to us within the time slots allotted to Seller by us. If Seller does not handover the Shipment within the time slot allotted, then Seller shall be charged extra for second attempt being made by us to take the Shipment. Such charges will be as displayed on the Platform.

§  Sellers are required to behave professionally with the pickup and delivery associates of BharatSupply. Any misbehavior, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. BharatSupply reserves the right to remove selling privileges in its sole discretion if deemed that a Seller is in violation of this clause.

§  Seller hereby expressly authorize us and/ or our third party service providers to undertake insurances for safe keeping of Products in the warehouses and during transit of Products, as the case may be, and claim insurance from the relevant insurance company in the event of loss or damage of Products while in its custody (including transit). Seller shall have no objection to the payment of claims to us and/or our third party service providers in the event of a loss.

§  Seller shall be solely responsible to raise invoices directly on the Buyer for Products sold by the Seller to the Buyer. In the event any penalty is levied by any governmental or regulatory authority on us due to Seller’s non-compliance of applicable laws, including without limitation, non-availability of invoices with the Consignments etc., Seller agrees to indemnify us, in this regard for all costs, losses, liabilities, penalties or expenses that we may have to incur. We shall not assume any liability for Seller’s failure to comply with this clause.

§  In addition to these Terms, the Seller agrees to be bound by the terms of the Undelivered Shipment Policy and Return Shipments Policy, as may be amended from time to time, in case of any undelivered Shipment and return of Shipment respectively.

o   AUDITS

§  We may in our sole discretion conduct random audits of the Shipments handed over to us for onward delivery to the Consignee or Products that are stored in the warehouse by the Seller to ensure Seller’s adherence to these Terms. Without prejudice to other rights available to us under these Terms or under applicable laws, if it is found or if we believe in our reasonable opinion that the Shipment or Products do not comply with applicable laws and/or do not comply with the packaging guidelines as communicated by us from time to time, we may in our sole discretion levy penalty charges, as communicated to you, from time to time or take such other actions against you as listed under sub clause (ii) below. 

§  We may in our sole discretion be entitled to do either one or more of the following; 

§  issue a warning letter to the Seller; 

§  recover all amounts that have been remitted against any claims or disputes raised by the Seller in relation to any Order in the preceding ninety (90) days from the date of such audit conducted by us or INR 10,000, whichever is higher;

§  deactivate or suspend a Seller’s account on the Platform, with or without giving any notice to the Seller; and/or

§  such other action which we may deem fit in our sole discretion

o   FEES AND CHARGES FOR S&D SERVICES

§  In consideration of the S&D Services provided by BharatSupply to the Seller, the Seller will be required to pay a fee (referred to as “Sales and Distribution Support Services Fee” or “S&D Fee”) to BharatSupply. It is hereby clarified that the S&D Fee shall be calculated on the total invoice value of the Order. 

§  The applicable Sales and Distribution Support Services Fee shall be as communicated by BharatSupply to the Seller(s), from time to time, via the Platform or through such other mode of communication as may be determined by BharatSupply in its sole discretion. It shall be the Seller’s responsibility to routinely check on such Sales and Distribution Support Services Fee. In the event you continue to use the Platform, it shall be deemed that you have agreed to such change in the Sales and Distribution Support Services Fee.

§  BharatSupply shall issue the invoice for Sales and Distribution Support Services Fee on the Seller, and the Seller shall make payment of the same to BharatSupply. Seller agrees that the Seller alone shall be responsible for ensuring that Sales and Distribution Support Services Fee is paid to BharatSupply. Seller authorizes BharatSupply to adjust and set off such Sales and Distribution Support Services Fee from the amount collected or received by BharatSupply from the Buyer in accordance with the settlement process set out under the Payment and Settlement Services. 

§  The Sales and Distribution Support Services Fee shall be subject to applicable taxes, as per prevailing applicable laws. Seller shall deduct income tax as applicable against the amounts payable to BharatSupply if required by applicable law, except to the extent where BharatSupply submits a nil/reduced withholding certificate. Seller shall remit the withholding taxes to the relevant tax authorities and enable BharatSupply to claim a tax credit by providing an appropriate and timely certificate of withholding as stipulated under the applicable law.

§  BharatSupply will charge additional charges from the Seller for providing any additional services or services that are not covered under the S&D Services. BharatSupply shall be entitled to recover/ deduct such additional charges from the amount collected or received by BharatSupply from the Buyer and Seller hereby authorizes BharatSupply to adjust the charges from the receivable that are due and payable to Seller by BharatSupply. Such settlement will be done as per the settlement clause set forth under the Payment and Settlement Services. If required by BharatSupply, BharatSupply may enter into a separate arrangement with the Seller to provide such additional services to the Seller.

§  BharatSupply reserves its right to levy penalty or late payment charges in case of delay by the Seller in clearing any dues payable to BharatSupply and/or charge cancellation charges for any cancellation of Orders by Seller. Seller authorizes BharatSupply to adjust / deduct such penalty amount, late payment charges or cancellation charges from the receivables that are due and payable by BharatSupply to Seller. Such settlement will be done in accordance with the settlement process set out in the Payment and Settlement Services herein.

  • Claims against Objectionable Content

o   You can refer to the product detail page on BharatSupply.com for checking any product details provided by the seller regarding the following:

o   the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you. To understand how to generate an invoice you can refer here.

o   mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable; 

o   goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage; 

o   importer and the guarantees related to the authenticity or genuineness of the imported products; and.

o   guarantees or warranties applicable to such goods or services. .Further, all contractual information required to be disclosed by law is incorporated as part of the BharatSupply Services Business Solutions Agreement (BSA) executed by each seller on BharatSupply.com, prior to listing its products. A copy of the BSA is available here.

o   Because BharatSupply.com lists millions of products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, BharatSupply.com operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in breach of a third party’s confidential, proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defense, security or sovereignty of India or friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or in insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or is patently false and untrue (" Objectionable Content "), please notify us immediately by following our  Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, BharatSupply.com will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.