Terms of Service
Account Terms for Import Services
Eligibility:
a. You must be 18 years or older to use this Service.
b. If you are registering on behalf of a business, you must have the necessary authority to bind the business to these terms.
Account Information:
a. You must provide accurate and complete details, including your full legal name, business registration details (if applicable), current address, valid email address, and any other information required to complete the signup process.
b. You must promptly update any changes to your account information to ensure accuracy.
Account Security:
a. You are solely responsible for maintaining the confidentiality of your account credentials, including your password.
b. The company shall not be liable for any loss or damage resulting from unauthorized access due to your failure to maintain security.
Permitted Use:
a. You may not use this Service for any illegal, fraudulent, or unauthorized activities, including but not limited to smuggling, misdeclaration of goods, evasion of duties, or violation of Indian import/export regulations.
b. You must comply with all applicable laws, rules, and regulations, including those governing customs, foreign trade, taxation, and intellectual property rights.
c. You agree not to use the Service to facilitate or engage in any transactions that violate anti-money laundering (AML) laws, sanctions, or trade restrictions.
Content and Activity:
a. You are responsible for all content (data, invoices, shipping documents, product descriptions, etc.) uploaded under your account.
b. You must not upload or transmit any harmful code, malware, viruses, or any other disruptive elements.
c. You shall not engage in any activity that may damage, disrupt, or interfere with the Service's operations or security.
Payment and Charges:
a. You agree to pay all applicable fees, duties, taxes, and charges related to import transactions processed through the Service.
b. Failure to make timely payments may result in account suspension or termination, and the company reserves the right to take legal action for recovery.
Compliance and Audits:
a. The company reserves the right to monitor, review, and audit accounts to ensure compliance with these terms and applicable laws.
b. If requested, you must provide supporting documents, such as import licenses, GST registration, customs clearance records, and any other compliance-related documentation.
Termination:
a. Violation of any of these Account Terms may result in the immediate suspension or termination of your account, at the company's sole discretion.
b. The company reserves the right to report any illegal or suspicious activity to the appropriate authorities.
Limitation of Liability:
a. The company shall not be responsible for any loss, delay, or penalty arising due to incorrect documentation, non-compliance with customs regulations, or import restrictions.
b. The company does not guarantee the accuracy, legality, or marketability of any imported products.
Payment of Fees
Payment Terms:
a. The Merchant agrees to comply with the payment terms as mutually decided and documented in the agreement. Payment shall be made in two instalments, unless otherwise specified in writing. The standard payment structures that may be offered include:
- Biannual (twice yearly) payments
- Alternatively, other terms such as monthly, quarterly, or annual payments may be discussed and agreed upon in writing, subject to mutual consent.
b. Payment must be made within 7 (seven) days from the date of the invoice. Failure to make timely payments may result in the suspension or termination of services.
Late Payment Consequences:
a. If payment is not received within the stipulated period, we reserve the right to:
- Suspend or terminate the account without further notice.
- Charge an interest/late fee at a rate of 1.5% per month or the maximum amount permitted by applicable law, whichever is lower.
- Withhold future services or shipments until outstanding payments are cleared.
b. In case of continued default, we may initiate legal action or report the matter to relevant authorities.
Taxes and Other Charges:
a. All fees are exclusive of applicable central and state taxes, GST, service taxes, customs duties, and other charges.
b. The merchant is responsible for paying all applicable taxes, levies, or duties imposed by the relevant authorities, whether existing or introduced in the future ("Taxes").
Non-Refundable Payments:
a. All payments made for services, including but not limited to subscription fees, customs clearance fees, import duties, or logistics charges, are non-refundable.
b. No refunds will be provided for any unused services, partially used plans, or cancellations after the payment has been processed.
Changes to Fees:
a. We reserve the right to modify the fee structure, introduce new fees, or revise payment terms at our discretion with prior notice of 30 days to the merchant.
Cancellation and Termination
Account Cancellation by Merchant:
a. If you wish to cancel your account, you must submit a formal request through your account portal or notify us in writing.
b. Upon cancellation, all of your data, content, and transaction history will be immediately deleted. This action is irreversible, and no data recovery will be possible.
c. Ensure that you have backed up all necessary data and content before initiating the cancellation.
Termination by Company:
a. We reserve the right to suspend, modify, or terminate your account and access to the Service at any time, without notice, if:
- You fail to comply with these terms and conditions.
- There is a breach of contract or violation of applicable import/export laws or regulations.
- Your account remains inactive for a prolonged period (to be determined at our discretion).
- We suspect that you have engaged in fraudulent, illegal, or unauthorized activities.
Fraud and Misconduct:
a. Without limiting any other remedies, we may suspend or terminate your account if:
- We suspect fraudulent activity through insurance claims, settlement manipulation, or escrow violations.
- You provide false, incomplete, or misleading information regarding imports, shipments, or documentation.
- There is any involvement in activities that compromise the integrity and security of the Service.
Non-Compliance and Breach of Regulations:
a. Your account may be terminated immediately if you are found to be in violation of:
- Customs compliance requirements or international trade laws.
- Import/export regulations or other applicable government regulations.
- Non-payment of duties, taxes, or applicable charges for imported goods.
Effect of Termination:
a. Upon termination:
- All services, licenses, and access to the platform will be revoked.
- Any outstanding payments become immediately due and payable.
- We shall not be liable for any losses, damages, or claims arising out of the termination.
Retention of Rights:
a. Termination or cancellation does not absolve the merchant from any outstanding obligations or liabilities incurred prior to termination.
b. We retain the right to pursue any legal remedies available for breaches that occurred before account termination.
Reactivation of Account:
a. Accounts terminated due to non-payment or compliance violations may only be reactivated after:
- Payment of all outstanding dues and penalties.
- Submission of updated compliance documents, if applicable.
Modifications to the Service and Prices
Price Changes and Notifications:
a. Prices for using the services provided by the Company are subject to change with 14 (fourteen) days' prior notice.
b. Such notice may be provided through:
- Website announcements on the Company's official platform.
- Email notifications sent to registered account holders.
- Any other appropriate communication method deemed fit by the Company.
Service Modifications and Discontinuation:
a. The Company reserves the right, at its sole discretion, to:
- Modify, suspend, or discontinue any service (or any part thereof) at any time, with or without notice.
- Introduce new features or discontinue existing features without prior consent from the merchant.
b. The Company shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
Compliance with Indian Laws and Regulations:
a. All services provided by the Company, including but not limited to import facilitation, logistics, warehousing, and customs clearance, shall comply with applicable Indian laws, rules, and regulations.
b. The Company reserves the right to suspend or terminate services if a merchant is found in violation of import-export laws, customs regulations, or any statutory guidelines.
Banned and Restricted Products and Services
Prohibited and Restricted Items:
a. You shall not, directly or indirectly, offer, attempt to offer, trade, or deal in any item or service that is prohibited or restricted under applicable laws, rules, regulations, or guidelines in India or internationally.
List of Prohibited and Restricted Items:
Without prejudice to the generality of the above, the Company prohibits the hosting, trade, or import of the following items:
a. Securities and Financial Instruments:
- "Securities" as defined under the Securities Contract (Regulation) Act, 1956, including shares, bonds, debentures, and other financial instruments/assets.
- Services related to the trading of shares or securities through an e-commerce store or any online platform hosted by the Company.
b. Wildlife and Animal Products:
- Living, dead creatures, and/or any part of animals, whether preserved naturally or artificially, including skins, feathers, antlers, horns, hair, teeth, musk, eggs, nests, or other animal derivatives prohibited under The Wildlife Protection Act, 1972.
c. Weapons and Hazardous Materials:
- Firearms, ammunition, explosives, and any other weapons of any description.
- Hazardous chemicals, radioactive materials, and substances that may endanger human life or property.
d. Drugs, Alcohol, and Intoxicants:
- Liquor, tobacco products, narcotics, psychotropic substances, and any form of intoxicants prohibited under the Narcotic Drugs and Psychotropic Substances Act, 1985.
- Pharmaceutical drugs or medicines not compliant with the Drugs and Cosmetics Act, 1940.
e. Religious and Politically Sensitive Items:
- Items that offend religious sentiments or promote violence, including books, artifacts, and other materials.
- Politically sensitive content or material that could incite communal disharmony.
f. Antiquities and Art Treasures:
- "Antiquities" and "Art Treasures" as defined under the Antiquities and Art Treasures Act, 1972, unless accompanied by appropriate licenses or government approvals.
g. Counterfeit and Pirated Goods:
- Counterfeit products, pirated software, or unauthorized replicas of branded items.
- Any product or service that infringes upon intellectual property rights or violates copyright, trademark, or patent laws.
h. Used Cellular Phone SIM Cards:
- Used or pre-activated SIM cards that violate the provisions of the Telecom Regulatory Authority of India (TRAI) guidelines.
i. Hazardous Waste and Toxic Substances:
- Hazardous waste materials, toxic chemicals, and products that pose environmental or public health risks.
j. Electronic Waste and Restricted Goods:
- Import or disposal of electronic waste (e-waste) that violates the provisions of the E-Waste (Management and Handling) Rules, 2011.
Compliance with Regulatory Authorities:
a. Merchants are responsible for ensuring that all imported goods comply with the guidelines issued by:
- Directorate General of Foreign Trade (DGFT)
- Customs Authority of India
- Food Safety and Standards Authority of India (FSSAI) (for food and perishable items)
- Bureau of Indian Standards (BIS) (for specified products)
Special Licenses and Approvals:
a. For items requiring special licenses, permits, or government approvals, merchants must submit all necessary documentation before initiating the import process.
b. Failure to provide required licenses or comply with regulatory guidelines may result in suspension or termination of services.
Store Operations and Compliance
Terms of Use and Privacy Policy:
a. You agree to display and adhere to a comprehensive Terms of Use or equivalent user agreement that governs the operation of your online store.
b. A Privacy Policy outlining how customer data is collected, stored, and used must also be displayed and followed strictly.
Data Privacy and Security:
a. Merchants must ensure compliance with the provisions of the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.
b. You are responsible for maintaining the confidentiality and security of customer information, including but not limited to payment details, contact information, and transaction history.
Indemnity for Non-Compliance:
a. You agree to indemnify and hold harmless the Company, its directors, officers, agents, and employees from any claims, liabilities, or losses arising due to:
- Non-compliance with applicable laws and regulations.
- Violation of intellectual property rights or third-party rights.
Audit and Inspection Rights:
a. The Company reserves the right to audit, inspect, or review your operations to ensure compliance with these terms and applicable laws.
Complete Terms of Service
This document contains the key sections of our Terms of Service. The complete Terms of Service includes additional sections covering IMPORT MERCHANT AGREEMENT, DEFINITIONS AND INTERPRETATION, USER ACCOUNT USAGE, FEES AND PAYMENT, LIABILITY, GENERAL REPRESENTATIONS AND WARRANTIES, INDEMNITY, COMPLIANCE WITH LAWS, USE OF CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, NON-SOLICITATION, TERM AND TERMINATION, MISUSE OF THE SERVICES, GOVERNING LAW AND DISPUTE RESOLUTION, SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT, ASSIGNMENT AND SURVIVAL, NO PARTNERSHIP OR AGENCY, WAIVERS AND REMEDIES, SPECIFIC PERFORMANCE, CONTACT INFORMATION, and ANNEXURES A, B, and C.
For the complete Terms of Service document, please contact us at info@befach.com.
Contact
For any questions regarding these Terms of Service, please contact us:
Address
1-1-31/336, Phase 1, Plot No 336, Saket Colony, Kapra, Post Ecil, Hyderabad, Telangana, India, 500062