General Terms

 

Effective Date 

These Terms of Use shall come into force with effect from 0000 hours of 23^th July 2018.

 

Application and Acceptance of the Terms

Your use of the Platform and GCOM India’s services, features, functionality, software, and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, The Product Listing Policy, The Infringement Policy, The Return Shipments Policy, The Undelivered Shipment Policy, Anti-Counterfeiting Policy, and any other rules and policies of the Platform that GCOM India may publish from time to time. You must read GCOM India’s Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

Provision of Services

You must register on the Platform in order to access and use the Services. Further, GCOM India reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that GCOM India may impose in its discretion. 

In case you avail services while accessing the Platform, that may be supported and/or provided by third-party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. GCOM India disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider(s). 

User agrees and confirms that any Services provided to you by GCOM India are on a best-efforts basis and GCOM India may engage services of third-party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control. 

User acknowledges that the Services are being provided to you on an ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using, or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion. 

GCOM India may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact the provision of other services or other business arrangements or agreements which the User may have entered into with GCOM India.

User Accounts and Verification of Account

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 GCOM India’s approval, one User may only register one account on the Platform. GCOM India may cancel or terminate a User’s account if GCOM India has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, GCOM India may reject User’s application, without assigning any reasons thereof, for registration for any other reason. 

A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Platform or by using the unique OTP will be deemed to have been authorised by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you. 

When you access the Platform you are electronically communicating with GCOM India. GCOM India may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from GCOM India with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from GCOM India. 

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 GCOM India 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, GCOM India reserves its right to take appropriate steps as set forth under Clause 7 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.

Users Generally

You agree that (a) 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 GCOM India, 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). 

GCOM India may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties' terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that GCOM India has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites. 

You agree not to undertake any action which may undermine the integrity of GCOM India’s feedback system. 

You agree that the Services shall be availed by you only for commercial purposes that is for sale or purchase of products for further distribution or sale. You further agree that you will not use the Platform or any of its Services thereof for your personal use or consumption. 

By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to GCOM India or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to GCOM India to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to GCOM India that you have all the rights, power and authority necessary to grant the above license. 

User agrees, undertakes, and confirms that User’s use of Platform shall be strictly governed by the following binding principles: 

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, libellous, 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;

- is misleading in any way;

- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

- harasses or advocates harassment of another person;

- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using GCOM India’s communication Platform;

- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

- infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

Breaches and Suspension

 If any User breaches any Terms, or if GCOM India has reasonable grounds to believe that a User is in breach of any Terms, or could subject GCOM India or its affiliates to liability, or is otherwise found inappropriate or unlawful in GCOM India’s opinion, GCOM India 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 GCOM India 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;

- Withholding settlement of payments by GCOM India to the User;

- Any other corrective actions, discipline or penalties as GCOM India may deem necessary or appropriate in its sole discretion.

 GCOM India does not pre-screen any content or information posted, published or transmitted on the Platform by the users and GCOM India is under no obligation to pre-screen any such content or information. However, GCOM India 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 GCOM India determines that any content or information is in violation of these Terms, GCOM India may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute GCOM India’s position as an intermediary or impose any liability on GCOM India with respect to content or information posted, published or transmitted by users on the Platform.

Notwithstanding anything contained herein these Terms, GCOM India may with or without notice and in its sole discretion be entitled to suspend, reduce visibility of the product listings, deactivate, or delist any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour 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 GCOM India, in such a case GCOM India 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.

 GCOM India 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, GCOM India 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 GCOM India or GCOM India 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, GCOM India 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 related to such account.

Transactions Between Buyer and Seller

 GCOM India is merely a facilitator and is not a party to or in control of any advertisement, exhibition, offer to sell, or transactions of sale or purchase on the Platform. When a product is listed for sale on the Platform by a Seller, products sold to the Buyer by the Seller are governed by the bipartite contractual arrangement directly between the Buyer and the Seller. Buyer agrees that GCOM India cannot and does not confirm each Seller’s purported identity and encourages Buyers to exercise discretion and caution while dealing with various Sellers.

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

 GCOM India does not represent either the Seller or the Buyer in specific transactions and is not liable for the quality, safety, suitability, lawfulness, or availability of the products or services offered for sale on the Platform. GCOM India does not 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 GCOM India, nor shall GCOM India 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 (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.

 GCOM India 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. GCOM India shall not mediate or resolve any dispute or disagreement between Buyer and 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 GCOM India (and its 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 GCOM India's 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 resell, trade, redistribute, 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.

Limitation of Liability and Indemnity 

To the maximum extent permitted by law, the Services provided by GCOM India on or through the Platform are provided "as is", "as available" and “with all faults”, and GCOM India hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

 To the maximum extent permitted by law, GCOM India 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; GCOM India 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 GCOM India 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 GCOM India for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.

 Under no circumstances will GCOM India 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 the platform or any services availed, even if GCOM India has been advised of the possibility of such damages.

Force Majeure

 Under no circumstances shall GCOM India be held liable for any losses, delay, failure, or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lockdowns, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

 

Intellectual Property Rights

GCOM India is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership, and intellectual property rights in the Platform and Platform Content shall remain with GCOM India or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by GCOM India are hereby reserved.

 

"GCOM India" and any other related icons and logos are registered trademarks of GCOM India, in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited.

 

GCOM India may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “GCOM India” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as may be agreed by GCOM India.

 

All text, graphics, photographs, trademarks, logos, and artwork available or accessible on the Platform are third-party user-generated content and GCOM India has no control over such third-party user-generated content as GCOM India is merely an intermediary for the purposes of these Terms.

 

You shall be solely responsible for any content or information posted or transmitted on the Platform and shall indemnify GCOM India against any claim or liability arising from any content or information posted or transmitted by You on the Platform. Any content or information such as but not limited to images, text, videos posted or transmitted on the Platform shall be licensed to GCOM India by the User uploading such content and GCOM India shall have the worldwide, fully paid-up, perpetual, and transferable license in such content or information for the purposes of its use on the Platform and for any purposes GCOM India deems fit. You shall not be entitled to any payment or compensation for any usage of the content by GCOM India.

Notices

 All legal notices or demands to or upon GCOM India shall be made in writing and sent to GCOM India personally, by courier, certified mail, or facsimile to the following entity and address: GCOM India, [Address], Attn: Legal Department. The notices shall be effective when they are received by GCOM India in any of the above-mentioned manners.

 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax, or email address provided by the User to GCOM India, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as GCOM India may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) GCOM India is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon GCOM India posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.

 

Miscellaneous Provisions

 Unless otherwise communicated to you by GCOM India, the Terms (including its sections as may be applicable to the Seller or Buyer) constitute the entire agreement between User and GCOM India and govern the User’s use of the Platform and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Platform and any of the Services.

 

Unless stated otherwise, we will be your one-stop solution for all the services (except credit) on the Platform with effect from 00:00 hours on 1st October 2020 (“Cut-Off Date”), and any new transactions on the Platform shall be governed by these Terms. It is clarified that any transaction made by you on the Platform before the Cut-Off Date shall be governed by your arrangements with the relevant parties (i.e., third-party service providers) as existing prior to the Cut-Off Date.

 

GCOM India and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners, or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.

 

If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

 

GCOM India’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of GCOM India’s right to act with respect to subsequent or similar breaches.

 

GCOM India shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms) to any person or entity (including any affiliates of GCOM India). User may not assign, in whole or part, the Terms to any third party or person.

 

The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India.

 

Grievance Mechanism

 The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to the processing of information to the Grievance Officer at the contact details mentioned in 14(B). We will endeavor to resolve your grievances and concerns within timelines as mentioned under applicable laws.

 

Buyer Terms

The provisions of this section II shall be applicable only to Buyer(s). These Buyer Terms shall be read in conjunction with the General Terms, and in the event of any conflict between the General Terms and Buyer Terms, the provisions of Buyer Terms shall supersede and prevail.

 

Definitions

 

Buyer: As defined under the General Terms. Terms ‘you’, ‘your’ under this section refer to the Buyer.

 

Consignee: The Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported.

 

Dangerous Goods: 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: The waybill containing the essential information required for the performance of the logistics services, including the 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).

 

Logistics Services: The shipping, delivery, including cash on delivery (“COD”), and other allied services provided by us to you pursuant to these Buyer Terms.

 

Order(s): Order placed by Buyer for purchasing Products from the Seller on the Platform.

 

Order Detail(s): The details relating to the Order, including the description of Products, details of the Seller and the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number (AWB number), etc.

 

Product(s): Goods of any categories (other than Dangerous Goods).

 

Shipment(s) / Consignment(s): 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.

 

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, grant the license and authorization (if applicable), and 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 the 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 GCOM India 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.

- 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 GCOM India to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing which GCOM India 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 GCOM India’s database and usage of the same as per GCOM India’s privacy policy.

 

Payments by Buyers

 

Upon placing the Order on the Platform, the 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. If the Buyer opts to make payments through any such mode made available by us or any third party engaged by us for this purpose, we or the third party engaged by us will act in a fiduciary capacity.

 

For enabling the payment facility for the Buyer using a credit card, GCOM India may charge a convenience fee (including GST) from the Buyer. Such a convenience fee (including GST) shall be visible on the payment page at the time of checkout and is subject to change at GCOM India's sole discretion without any further notice. Such convenience fee charged is non-refundable under any circumstances.

 

At the time of placing the Order to purchase Products from the Seller on the Platform, we may at our sole discretion require the 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 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, once the order has been marked ‘ready to ship’ or is marked as Undelivered Shipment as defined under the Undelivered Shipment Policy by the Seller, we may in our sole discretion either:

- Deduct a ‘Cancellation Penalty Fee’ and refund the remaining Token Amount to the Buyer; or

- Forfeit the Token Amount as Cancellation Penalty.

 

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.

 

In case the Buyer chooses to make payments to the Seller via post-dated cheques (if applicable), the Buyer shall ensure that such post-dated cheques are duly filled and are in the name of the Seller. If such post-dated cheques are returned by the Seller due to incorrect information including but not limited to incorrect amount or incorrect date mentioned on the cheque or any other reason whatsoever, in such cases, the Buyer, upon our request, shall replace such post-dated cheques with duly filled new post-dated cheques or make the payment in such other mode as may be communicated to the Buyer, as per the discretion of the Seller and/or GCOM India. It is further clarified that in case the Buyer, upon our request, fails to replace the post-dated cheques with duly filled new post-dated cheques or fails to make the payment in a timely manner, the Seller shall reserve the right to take legal action against the Buyer. Further, GCOM India 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 related to such account. The Buyer shall fully indemnify GCOM India against all claims, actions, proceedings, and demands, including any suits, claims, disputes, or such differences that are brought against GCOM India for such failure.

 

Buyer acknowledges and agrees that we are acting merely as a payment collector, solely in a fiduciary capacity, and shall take no responsibility as to the legality of such post-dated cheques. In our capacity as a payment collector, for the collection of post-dated cheques, we may charge an administrative fee. Such fee shall be subject to applicable taxes.

 

We further reserve the right to discontinue the provision of the facility of post-dated cheque collection, at our discretion and without any prior intimation.

 

We will transmit the payments for the Orders received from the Buyer in the manner set forth under the settlement process of the 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 GCOM India.

 

You hereby consent and agree to comply with guidelines, instructions, requests, etc., as may be 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 the Platform for any reason whatsoever, including but not limited to non-performance or omission or commission on the part of the 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 the Seller, pending inquiries 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 transactions 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. The refund amount will reflect in the Buyer’s bank account based on respective bank policies in 10-20 working days.

 

If you avail of a service from any third-party service provider using the Platform, upon receipt of instruction from such third-party service provider, you agree and authorize 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 the Seller Terms. You agree and acknowledge that no separate authorization will be required by us to collect and transfer payment to such third-party service provider.

 

Logistics Services

 

We reserve the right to engage third-party service providers to provide the Logistics Services to you. For the collection of payments, such third party shall act in a fiduciary capacity solely for collection purposes.

 

Upon receipt of an order for Logistics Services, we will pick up the Shipment from the Seller's location and deliver it to the location designated by you. The title and risk in the Shipment shall pass to you when the Shipment is picked up by us.

 

Upon receipt of the Shipment from the Seller, we will use our best efforts to deliver the Shipment to the Consignee at the delivery address and designated recipient in the Delivery Note. The designated recipient may not necessarily be the Buyer, and we will not verify the recipient's identity but will obtain their signature on the Delivery Note. The Buyer authorizes us to contact them for transactional purposes, including order confirmations and deliveries.

 

If the Buyer chooses the 'cash on delivery' option, we will collect the Order amount at the time of delivery. The cash collected or the pre-paid amount will be settled and remitted to the Seller according to the Seller Terms. If collected by a third party, they act solely in a fiduciary capacity for payment collection.

 

We do not accept Shipments containing Dangerous Goods or those prohibited by relevant authorities. Shipments with incomplete addresses or addressed to a post box number will be rejected.

 

We reserve the right to weigh and measure the Shipment and may levy additional charges in case of discrepancies. Our decision regarding any weight discrepancies is final, and you authorize us to determine the accurate weight.

 

We are not liable for any loss due to the confiscation of Shipments by government agencies due to improper documents or inaccurate information.

 

Consignees must behave properly with our pickup and delivery associates. Misbehavior, unprofessional conduct, and abuse are prohibited and will be considered a violation of these Terms, potentially resulting in suspension of access to the Platform.

 

Shipments are delivered on an ‘as is’ basis, and we are not obligated to inspect their contents. However, we may inspect contents at our discretion to ensure compliance with these Terms.

 

We do not offer open box delivery for any Shipments. Delays may occur due to circumstances beyond our control or due to force majeure events.

 

If our performance is affected by any hindrance or risk, we may, at our discretion, place the Shipment at a deemed safe and convenient location, charging additional costs and expenses displayed on the Platform.

 

If you use shipping and delivery services directly from the Seller, such services are governed by a separate arrangement between you and the Seller. We disclaim all liability for deficiencies in such services provided by the Seller.

 

Undelivered Shipment Policy

 

This Undelivered Shipment Policy ("Policy") is applicable to Undelivered Shipments. Any capitalized terms used herein and not defined explicitly shall have the same meaning as defined in the Terms of Use.

 

I. Delivery of Shipment to Buyer:

GCOM India or our third-party logistics partner (hereinafter referred to as “we”, or “us”) will attempt to deliver the Shipment to the Buyer for a maximum of three (3) attempts. However, in case of the occurrence of any one of the following events, we shall make no more than three (3) attempts to deliver the Shipment:

 

- Consignee refuses to accept the Shipment in the 1st, 2nd, or 3rd attempt.

- Address of the Consignee is not found despite two (2) attempts to deliver the Shipment.

- Buyer asks us to hold the Shipment for delivery for more than seven (7) days.

 

If we receive a request from the Buyer to hold the Shipment for onward delivery to the Consignee, we may do so only for a maximum period of seven (7) days from the date of the first attempt to deliver the Shipment, subject to availability of space in our hub. We may at our sole and absolute discretion accept or decline such request to hold the Shipment for delivery at a future date. In case we decline such a request to hold the Shipment, we will consider the said Shipment as an Undelivered Shipment in terms of this Policy.

 

Despite our reasonable efforts to deliver the Shipment to the Buyer, in some cases, there may be a delivery failure for various reasons, including without limitation:

 

- Consignee refuses to take delivery of the Shipment.

- Consignee is unavailable at the delivery address to receive the Shipment.

- Consignee does not have enough cash to make payment for the Shipment.

- Consignee is not reachable at the time of delivery, or requests for future delivery attempts.

- Reasons mentioned above.

- Such other scenarios which are beyond our reasonable control.

 

The Shipment in each of the above cases shall be referred to as “Undelivered Shipment.”

 

We may charge a ‘Cancellation Penalty Fee’ in cases mentioned above, i.e., when the shipment/product is marked as Undelivered Shipment due to the Buyer’s failure to accept the shipment/product.

 

In certain exceptional scenarios, where we have been given an incorrect delivery address or where the delivery location is in a non-serviceable zone, i.e., where we are not able to deliver due to unforeseen circumstances or service unavailability, for such Shipment we will not attempt delivery to the Buyer, and such Shipment shall also be deemed to be an Undelivered Shipment for the purposes of this Policy.

 

II. Return of Undelivered Shipment to the Seller:

 

We will return the Undelivered Shipment to the Seller on an 'as is' basis.

 

Prior to returning the Shipment to the Seller, at our hub, we will check the Undelivered Shipment for any tampering or damage to the outer box (“QC Check”). If pursuant to the QC Check, the outer box, in our reasonable opinion, appears not to be damaged or tampered with, we will label such Undelivered Shipment as 'QC pass'. However, if pursuant to such QC Check, any Undelivered Shipment, which in our reasonable opinion, is found to be tampered with or damaged, we will label such undelivered shipment as 'QC fail'.

 

We will endeavor to deliver the Undelivered Shipments to the Seller regardless of whether the Shipment is a ‘QC pass’ or ‘QC fail’ on or before 10.00 PM on the 50th day from the Pick-Up Date for food-related products and the 21st day from the Pick-Up Date for non-food products. It is clarified that Shipment in scan date (i.e., the date when we pick up the shipment from the Seller to be delivered to the Buyer) will be considered as day '0' ("Pick-Up Date").

 

In case of any delay in delivery of ‘QC pass’ Undelivered Shipment to the Seller due to any force majeure event or reasons beyond our reasonable control, the timelines mentioned here shall stand extended, and we will endeavor to update and send communications to the Seller along with the updated timelines for delivery of the Undelivered Shipment.

 

The Seller (or its representative), while accepting the delivery of the Undelivered Shipment, will be required to sign and attach a seal of the Seller’s company/LLP/firm, as the case may be, on the proof of delivery ("POD").

 

At the time of receiving the Undelivered Shipment, please keep in mind the following:

 

- We do not provide any open box delivery to anyone.

- The Seller will not detain our field executive for any reason whatsoever.

- The Seller will clearly mention any tampering, pilferage, or damage to the Shipment on the POD at the time of receiving the Undelivered Shipment from us and immediately raise concerns on the Platform within the timelines mentioned in this Policy.

- Our executive will not wait for more than 10 minutes at the Seller’s premises.

- Our executive may ask the Seller to open the Shipment in case the Seller writes on the POD that the undelivered Shipment is tampered with or damaged to validate the Seller’s claim.

 

The Sellers are bound to accept the delivery of RTO. However, if the Seller refuses to accept delivery of the Undelivered Shipment or if the Seller’s shop is closed, we shall make a maximum of three (3) more attempts to deliver the Undelivered Shipment to the Seller within seven (7) days from the date of the first attempt. Our team will contact the Seller to arrange for the delivery of the Undelivered Shipment. Please take note that we will keep such Undelivered Shipment at the hub for a total period of 10 days and we will make a maximum of three (3) attempts to deliver such Undelivered Shipment.

 

In the event, pursuant to the QC Check, the Undelivered Shipment is labeled as ‘QC Fail’, we shall pay the Seller the entire value of the Shipment (as declared). The Seller agrees that in such an event, we will either return the Undelivered shipments back to the Seller or we shall have the right to proceed with the liquidation of the ‘QC Fail’ Undelivered Shipment in the manner as set out in Paragraph III below.

 

III. Refusal to Accept Undelivered Shipment by the Seller:

 

If after the three (3) attempts to deliver the Undelivered Shipment to the Seller, the Seller refuses to take delivery of the Undelivered Shipment or we are unable to deliver the Undelivered Shipment, the Seller agrees and acknowledges that we shall be entitled to move the Undelivered Shipment to our liquidation hub and liquidate or dispose of such Undelivered Shipment in any manner as we may deem fit in our sole discretion.

 

We shall not be liable to refund the invoice value for the said Shipment or pay any money received from the liquidation of such Shipment to the Seller. We shall not entertain any claims brought by the Seller with respect to such Undelivered Shipment, and the Seller agrees that the Seller shall not be entitled to receive any money or amount that we may receive from the liquidation of such Undelivered Shipment.

 

IV. Process of Claims by the Seller:

 

If the Seller finds the Undelivered Shipment to be damaged, tampered with, or not in good condition, the Seller can mention such details on the POD and can raise grievances/concerns with respect to the Undelivered Shipment within seventy-two (72) hours from receipt of delivery of the Undelivered Shipment, failing which the Undelivered Shipment shall be deemed as accepted by the Seller without any damage or fault. Any grievances/concerns received from the Seller beyond the aforesaid timeline shall not be entertained by us.

 

Any POD without the Seller’s or Seller’s representatives' signatures and the seal of the company/LLP/firm will not be considered while investigating and validating the claims raised.

 

If it is found that the Seller writes on the POD for every Undelivered Shipment received by the Seller to be 'damaged/doubtful/tampered', irrespective of whether such Shipment is damaged, tampered, or has a label 'QC pass' or 'QC fail', then we will consider such concern raised by the Seller as null, and all such claims will be rejected. Our decision in this regard shall be final and binding on the Seller.

 

For non-food products, the Seller can raise grievances/concerns if the status of the Shipment is 'in transit' for a period of twenty-one (21) days from the date of dispatch of the Shipment.

 

The Seller will need to raise concerns/grievances with respect to the Undelivered Shipment directly to our customer support. The Seller can contact our customer support through the chat available on the support section on the GCOM India app, use our customer support number, or email us. We will endeavor to resolve the issue within 7 days from the date of escalation.

 

Upon receipt of the complaint or dispute on the Platform, our returns dispute team will get in touch with the Seller to resolve the concerns or disputes in accordance with our internal policies as may be amended and communicated to the Seller from time to time. Please take note that only claims for such Shipments that meet our packaging guidelines will be entertained.

 

The Seller agrees to cooperate with us while investigating the claim raised by the Seller and provide us with necessary documents or information which we may require to investigate the issue or concern raised by the Seller within forty-eight (48) hours from requesting such document/information. The Seller further agrees that our decision with respect to the investigation shall be final and binding.

 

We may require certain documents/information from the Seller’s end in support of the claim, at the time of raising a claim or post submission of the claim. These documents/proof in support of the claim may include without limitation:

 

- Unpacking/normal video clip indicating the issues in the Undelivered Shipment. The video clip

 

Return Shipments Policy

 

This Return Shipments Policy ("Policy") governs the return request raised by the Buyer in accordance with the terms of this Policy ("Return Request") and the mechanism for resolution of disputes raised by the Seller in relation to the Return Requests.

 

Any capitalised terms used herein this Policy and not defined explicitly shall have the same meaning as defined in the Terms of Use, as amended from time to time.

 

The Users understand that GCOM India (hereinafter referred to as 'we') is an intermediary platform and shall only mediate the Return Request. Except for any Logistics RVP, it shall be the sole responsibility of the Seller to resolve the issues/concerns raised by the Buyer pertaining to the Return Request.

 

We shall not assume any liability for any failure on the part of the Seller to resolve the Return Request raised by the Buyer.

 

We may modify this Policy from time to time, and any such changes will be reflected on the Platform and be effective immediately upon the changes being reflected on the Platform. Users agree to be bound to any such changes or modifications and understand and accept the importance of regularly reviewing the Policy as updated on the Platform from time to time.

 

A. Return Request

 

The Buyer may raise a Return Request on the Platform for any one of the following reasons:

 

1. Product(s) is physically damaged or is defective, including damage to the outer box delivered.
2. Warranty issues or quality-related issues with respect to the Product delivered.
3. Wrong Product or the Product is not matching the description or specifications mentioned on the listing page on the Platform.
4. Part of the Order/ Products is found to be missing due to reasons attributable to the Seller.

 

Without prejudice to the foregoing, the Buyer may raise a Return Request for the following reasons ("Logistics RVP"):

 

1. Part of the Order/ Products are found to be missing due to any reasons attributable to the logistics.
2. Product was damaged in transit.
3. Any other logistics related issues.

 

At the time of making a Return Request on the Platform, the Buyer will be required to provide appropriate supporting documentation/proof, including without limitation:

 

1. Images of the Product(s) indicating the issue in the Product/shipment delivered. The images need to capture the following:

   - The shipping label with Order ID.

   - Order details.

   - Packed shipment.

   - Issue observed by the Buyer in the Product.

   - Damages to the Product.

   - The IMEI number (in case the Product is a mobile phone).

2. Unboxing/normal video clip indicating the issues in the Product/shipment delivered. The video clip needs to capture all sides of the package, order details, shipping label, quantity of the Product, damages in the Product, IMEI number (in case of mobile phones), any tampering with the outer box, etc.
3. Copy of bill/tax invoice for the Product received.

 

If any further information or clarification is required from the Buyer, we will contact the Buyer.

 Upon receipt of a Return Request from the Buyer, the same will be displayed on the Platform. We will internally scrutinize the Return Request raised by the Buyer and notify the Seller. The Return Request raised by the Buyer will either be approved or rejected and the same will be communicated to the Buyer.

 

B. Decision on the Return Requests

 

Based on our internal scrutiny of the Return Request raised by the Buyer, any of the following may occur:

 

Approval of the Return Request: The Return Request shall be approved under the following scenarios:

- The Return Request has been approved by the Seller. In such case, the Reverse Shipment will be shipped to the Seller.

- If we determine that the Return Request is a Logistics RVP, in such case, (i) we will pay the full value (as declared) of the Shipment to the Seller; and (ii) we shall have the right to proceed with the liquidation of such Reverse Shipment.

 

For the Food-FMCG category, to ensure the successful return pick up of the Shipment, the Buyer is required to return the complete Shipment in the original condition and in the same bag as it was received.

 

In case of approval of the Return Request, if the Buyer has already paid for the Order, the order amount for the Product(s) shall be refunded to the Buyer or third party as per instructions of the Buyer.

 

Rejection of the Return Request: The Return Request raised by Buyer shall be rejected in case of any of the following reasons:

- If the Buyer does not respond to the inquiry calls and/or communication via other modes made by us to procure missing documentation and information in relation to the Return Request.

- Supportive documents are insufficient, or Buyer is unable to provide sufficient proof in support of the claim.

- If the Buyer’s return history shows excessive returns, then the Return Request of the Buyer may be rejected.

 

Exceptional Cases: In exceptional cases such as fraud, deficiency in service, or any other circumstance which may affect the user experience on the Platform, we may on a good faith basis and in our sole discretion decide to pay the transaction amount for the disputed Product in the absence of the Seller's approval of such returns. The said payment of the transaction amount shall be made to compensate for the inappropriate user experience. In such exceptional cases, payment will be initiated to the Buyer within forty-eight (48) banking hours from:

- The date of approval of the Return Request by us; or

- From the date the Buyer confirms the dispatch of the Product from the Buyer's premise/shop/designated pick-up location, whichever is later.

 

In all the above-mentioned cases wherein the Return Requests are approved by the Seller, a refund will be initiated to the Buyer. We disclaim all responsibility and liability with respect to any Return Request, except for Logistics RVP which are accepted by us and Seller(s) agree not to hold us liable for any such claims or disputes.

 

We may, in our sole discretion, check the contents of the returned Shipment that are picked up from the Buyer, however, we shall not assume any responsibility or liability with respect to such verification of the Shipment. If we choose to do such verification, our check will be limited to checking that the Products which are handed over to us match the description of the Products, quantity, color, size, and/or brand with the Product for which the Return Request has been raised. The Buyer's return request shall automatically stand canceled in case the Products handed over to us do not pass the verification check. We will not entertain any further return requests in case of any cancellation due to the verification check.

 

Delivery of Reverse Shipment to the Seller

 

Once the Return Request raised by the Buyer is accepted, our field executive ("FE") will pick up the Shipment from the Buyer ("Reverse Shipment") within such timelines as may be communicated or displayed on the Platform. At the time of such pick-up, the FE shall conduct a QC check of the Shipment ("QC Check"), and the FE may take photos, videos, etc., of the Reverse Shipment.

 

The Reverse Shipment will be delivered to the Seller by us (at the location from where the Shipment was picked up for forward order delivery to the Buyer). We will endeavour to make the first attempt to deliver the Reverse Shipment to the Seller within:

 

- Forty-five (45) days from the date of receipt of Reverse Shipment (non-food products) from the Buyer; and

- Two to five (2-5) days from the date of receipt of Reverse Shipment (Food and FMCG category) from the Buyer.

 

For any delay in making the first attempt to deliver the Reverse Shipment beyond the said timeline due to reasons solely attributable to us, we shall communicate such delay to the Seller within a reasonable time. In case of unavoidable circumstances or occurrence of a force majeure event or any event beyond our reasonable control, timelines shall stand extended. The Seller will be able to track the Reverse Shipment on the Platform. The Seller will be bound to accept the delivery of the Reverse Shipment and sign the proof of delivery.

 

If we are unable to deliver the Reverse Shipment to the Seller due to the Seller's or its representative's unavailability at the delivery location on the first attempt, our FE will make a maximum of two (2) more attempts to deliver the Reverse Shipment. We will endeavour to attempt delivery within the next forty-eight (48) hours from the last delivery attempt. Our returns team will contact the Seller to arrange for the delivery of the Reverse Shipment. If despite our reasonable efforts, we are unable to deliver the Reverse Shipment to the Seller in the third attempt, the Reverse Shipment will be transferred to our liquidation hub for liquidation.

 

We will return the Reverse Shipment to the Seller on an 'as is' basis, i.e., in the same condition as it is received by us from the Consignee. At the time of delivery of the Reverse Shipment to the Seller, the Seller agrees to allow our field executive to take photos, videos, etc., of the Reverse Shipment along with the TPID affixed on it. The Seller further acknowledges and undertakes that such photos, videos, etc., and/or remarks by our FE with respect to the Reverse Shipment along with the TPID affixed on it ("Evidence") shall be used by us at the time of settling disputes (if any) that may be raised by the Seller with respect to the Reverse Shipment. We may ask the Seller to provide or submit additional documents in support of the dispute raised as per the terms of this Policy.

 

At the time of delivery of the Reverse Shipment to the Seller or any of the Seller's representatives, our FE will require the Seller to acknowledge the delivery of the same by signing the proof of delivery document ("POD"). The Seller or its representative is required to sign on the POD and clearly call out the damage or tampering to the Reverse Shipment and/or TPID (if any).

 

At the time of receiving the Reverse Shipment, the Seller or any of the Seller's representatives shall observe the following:

 

- Shall not detain our FE for any reason whatsoever;

- Any tampering, pilferage, or damage to the Reverse Shipment at the time of receiving the Reverse Shipment from us shall be written on the POD and the same shall be reported to us within 72 hours from the receipt of delivery of the Reverse Shipment by choosing the 'Disputes' option on the Returns Page on the Platform. If the Seller does not write on the POD about any damage, tampering, or pilferage to the Reverse Shipment, we reserve the right to reject any Dispute which the Seller may raise on the Platform against us with respect to the damage to the Reverse Shipment during the reverse transit of the Shipment.

- The Seller is bound to accept the delivery of the Reverse Shipment. However, despite our reasonable efforts to deliver the Reverse Shipment, if the Seller refuses to take delivery of the Reverse Shipment, we reserve our right to move the Reverse Shipment to our liquidation hub and liquidate or dispose of such Reverse Shipment in any manner as we may deem fit in our sole discretion. We reserve the right to deduct and adjust the value of the Reverse Shipment (in case the amount for such Shipment has already been transferred to the Seller) against the sale proceeds that are collected by us on the Seller's behalf from the Buyer or any other amounts that we are required to pay to the Seller in accordance with the Payment and Settlement Services. We shall not entertain any claims brought with respect to such unaccepted/refused Reverse Shipment and the Seller agrees that the Seller shall not be entitled to receive any money or amount that we may receive from the liquidation of such Reverse Shipment.

 

If it is found that the Seller has misbehaved with our customer support team or forcefully detained or misbehaved with our FE, we reserve the right to not deliver the Reverse Shipment and deduct & adjust the value of the Reverse Shipment from the Seller's sale proceeds. We further reserve the right to take appropriate action against the Seller as per applicable laws.

 

We may accept delivery of Reverse Shipment in certain exceptional cases, in the case of products under the Food/FMCG category, if we may deem fit in our sole discretion.

LIEN

 

GCOM India shall have a general and particular lien on the goods and other contents of Shipments and all related documents in the event of default by the Buyer in the payment of sums due and payable to GCOM India. This includes charges for services, expenses for the protection of Shipments, payments, duties, fines, interest, legal costs, and expenses. If any amount due is not paid, GCOM India, upon giving fifteen (15) calendar days' prior written notice, may suspend or cease providing Logistics Services without any liability and may sell the Shipments as deemed fit, reserving rights for any shortfall post disposal.

 

FEES AND CHARGES

 

GCOM India will charge the Buyer for providing Logistics Services, exclusive of Goods and Service Tax unless otherwise stated. Charges for availing the Logistics Services will be displayed in the Rate Card section of the Platform and may be modified without notice. Buyers are responsible for checking these charges regularly. Any applicable taxes, duties, or levies are extra and payable by the Buyer. Charges are subject to applicable taxes as per prevailing laws. Buyers shall remit withholding taxes to the relevant authorities and provide timely certificates for tax credits. Additional services will incur extra charges, and penalties may apply for late payments.

 

LIMITATION OF LIABILITY AND INDEMNITY

 

GCOM India shall not be liable for claims arising from:

(a) Your acts or omissions;

(b) Compliance with your instructions or those acting on your behalf;

(c) Government orders;

(d) Insufficient packing or labelling of Shipment;

(e) Nature, description, or contents of the Shipment;

(f) Force majeure events;

(g) Causes beyond reasonable control;

(h) Disputes between Seller and Buyer relating to the Shipment or Products.

 

CUSTOMER ACQUISITION PROGRAM

 

GCOM India runs a Customer Acquisition Program for Buyers to service customers in unserviceable locations for additional benefits. Interested Buyers should contact their respective field executives. Selection is based on terms and conditions set by GCOM India from time to time.

 

SELLER TERMS

 

The provisions of this Section III apply solely to Sellers. These Seller Terms must be read alongside the General Terms. In case of a conflict between the General Terms and Seller Terms, the latter will prevail.

 

DEFINITIONS

 - Dangerous Goods: Products that are hazardous, inflammable, or damaging in nature.

- Delivery Note: A document containing essential information required for logistics services.

- Order(s): Orders placed by Buyers for purchasing Products from Sellers on the Platform.

- Payment and Settlement Services: Remittance and settlement of payments collected from Buyers to the Seller's designated bank account.

- Product(s): Goods of any category excluding Dangerous Goods.

- Sales and Distribution Support Services (S&D Services): Includes Standard Platform Services, Payment and Settlement Services, Standard Warehousing Services, goods handling services, and other allied services provided to support the supply chain.

- Seller: As defined under the General Terms, also referred to as "you" or "your".

- Shipment(s) / Consignment(s): Products (excluding documents) that travel under one Delivery Note.

- Standard Platform Services: Use and access of the Platform by the Seller, including creation, display, and updating of product listings and subsequent sales transactions.

- Standard Warehousing Services: Services including storage, handling, packaging, printing invoices, and other ancillary services agreed upon between the Seller and GCOM India.

- TPID: Tampering proof identifier affixed on the Shipment.

 

SELLER'S OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES

 

You represent, warrant, and agree that:

- You are a lawfully incorporated business entity competent to agree to these Terms.

- You have the authority to accept the Terms and perform obligations hereunder.

- You will use the Platform and Services solely for business purposes, not personal use.

- The address provided during registration is your business address.

- Your business complies with all applicable laws and regulations.

- Products or services provided comply with applicable laws and do not infringe any third-party rights.

- All information provided during registration or thereafter is accurate and up-to-date.

- You will provide necessary third-party licenses and permissions for any User Content submitted.

- Shipments are properly prepared, packed, and labelled in compliance with applicable laws.

 

Sellers must:

- Provide true, accurate, and complete information during the registration process.

- Maintain and update information to keep it accurate and complete.

- Furnish additional documents or information as required to authenticate products.

- Comply with packaging guidelines and ensure all documents are correct for shipment.

- Not enclose prohibited items in Shipments.

- Declare accurate values for Consignments and ensure GST compliance.

- Behave professionally with pickup and delivery associates.

 

INSURANCE AND INVOICES

 

- Sellers authorize GCOM India and/or third-party service providers to insure products and claim insurance in case of loss or damage.

- Sellers must raise invoices directly to Buyers and indemnify GCOM India against any penalties due to non-compliance.

 

COMPLIANCE WITH POLICIES

 

Sellers agree to be bound by the Undelivered Shipment Policy and Return Shipments Policy.

 

AUDITS

GCOM India reserves the right to conduct random audits on shipments or products stored in the warehouse to ensure compliance with the terms. In the event of non-compliance, GCOM India may:

 

- Issue a warning letter

- Levy penalties, such as INR 1000 or the total invoice value for missing hard copy invoices, or twice the value of non-compliant products

- Deactivate or suspend the seller’s account

- Take other necessary actions

 

FEES AND CHARGES FOR S&D SERVICES

 

Sellers must pay a Sales and Distribution Support Services Fee (S&D Fee) for services provided by GCOM India. The S&D Fee is calculated on the total invoice value of orders and is communicated via the platform. Additional charges may apply for extra services. GCOM India reserves the right to levy penalties for late payments or order cancellations. Sellers authorize GCOM India to deduct these charges from receivables due to them. Applicable taxes and late payment penalties may also apply.

 

S&D SERVICES

 

Standard Platform Services

You are allowed to list products for sale on the GCOM India Platform subject to compliance with these Seller Terms. You must ensure:

 

- Legal ability to sell listed products.

- Products do not infringe on third-party rights.

- Listings include accurate descriptions and images.

- Products are kept in stock.

- Products are used for commercial purposes only.

 

If the product description is misleading, you must refund the buyer.

 

Standard Warehousing Services

Upon request, GCOM India may provide warehousing services, potentially subcontracted to third parties. GCOM India will:

 

- Ensure security of products.

- Undertake necessary insurances.

- Not be liable for non-compliant or damaged products at handover.

 

Products must comply with packaging guidelines. GCOM India may:

 

- Print invoices and delivery notes.

- Perform tertiary packaging for safe delivery.

 

You must maintain necessary licenses, handle all documentation, and ensure products comply with laws and guidelines. GCOM India reserves the right to inspect products and may levy penalties for non-compliance.

 

GCOM India has a lien on stored products for unpaid dues. Products must be picked up within 7 days after termination of services; otherwise, GCOM India may dispose of them.

 

Payment and Settlement Services

 

We at GCOM India will provide the Payment and Settlement Services to Sellers for each transaction on the Platform. These services may be subcontracted to third-party providers, but GCOM India remains liable for their performance.

 

Key Points:

1. Payment Collection Role: GCOM India acts as a fiduciary payment collector and is not responsible for the legality of transactions.
2. Post-Dated Cheques: Responsibility for bounced or unencashable cheques lies with the Buyer.
3. Suspicious Transactions: GCOM India can withhold payments if transactions are suspected to be fraudulent or non-genuine.
4. Compliance: Sellers must comply with all guidelines from GCOM India and third-party financial institutions.
5. Refunds: Processed in the same manner as received, reflected in the Seller’s bank account per bank policies in 10-20 Working business days.

 

Deductions:

- Sales and Distribution Support Services Fees

- Amounts due to GCOM India or third parties

- Refunds to Buyers

- Applicable taxes

 

Tax Compliance:

- TCS under GST: Sellers must provide accurate GST registration numbers and HSN codes.

- TDS: GCOM India will deduct and provide certificates for TDS as per Income Tax Act provisions.

- Cash Transactions: Sellers must comply with applicable tax laws for cash transactions.

 

Chargebacks and Suspicious Transactions:

GCOM India reserves the right to withhold settlements for chargebacks or suspicious transactions until resolved.

 

By using the Payment and Settlement Services, Sellers agree to these terms and to cooperate with GCOM India and relevant authorities in case of disputes or compliance requirements.

 

Additional Services

 

These terms apply to Sellers using additional services from GCOM India, to be read with Section III and General Terms. In case of any conflict, the terms for additional services will prevail. Separate arrangements may be made for other services.

 

Advertisement Services

 

1. Subscription and Display: Sellers can subscribe to GCOM India’s ad program to promote products on the Platform.
2. Intellectual Property: Ads must comply with applicable laws, and Sellers grant GCOM India a non-exclusive license to use the ads.
3. Charges: Sellers will pay for the ad program, and charges will be settled per the Payment and Settlement Services terms.

 

From Pay Services

 

1. Logistics Charges: Sellers can request to pay logistics charges instead of Buyers. Charges are subject to applicable taxes.
2. Adjustments: GCOM India can adjust charges from the sale proceeds collected from Buyers.
3. Termination: Both GCOM India and Sellers can terminate From Pay Services with prior notice.

 

Limitation of Liability and Indemnity

 

GCOM India disclaims liability for:

- Seller’s acts or omissions

- Government actions

- Packing or labeling issues

- Force majeure events

- Buyer disputes

 

Sellers agree to indemnify GCOM India against claims arising from:

- Content posted

- Use of the Platform

- Breach of Terms

- Product defects or recalls

 

GCOM India retains the right to engage third-party services and modify charges or terms as necessary.