Introduction

This document is an electronic record in terms of Information Technology Act, 2000 and rules there
under as applicable and the amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This electronic record is generated by a computer
system and does not require any physical or digital signatures. This document is published in accordance
with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011
that require publishing the rules and regulations, privacy policy and user agreement for access or usage
of www.bharatgoods.com website.

User Agreement

This User Agreement contains rules and regulations, policies and terms and conditions and agreement
applicable to any person who may access or use bharatgoods.com, including any subdomains, webpages
or extension of bharatgoods.com (Website) and you hereby agree and acknowledge to be bound by the
terms of this User Agreement.

The use of bharatgoods.com and the services provided are subject to the rules and regulations, policies,
notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement,
‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any customer,
seller, third-party, affiliates, logistics partner, natural or legal person who has agreed to become a user
of the Website by accessing or browsing the Website and/or has registered as a member of the Website
by submitting identification information/ registration details using the computer system of this Website
and Accepting the electronic record of the User Agreement and has obtained a unique username and a
secret alpha-numerical key (password) for using the Website.

Amendment: Hobbygiri Services Pvt Ltd (Henceforth referred to as “Company”) reserves the right to
change this Website and/or alter the terms and conditions of this User Agreement at any time and
retains the right to deny access to anyone who the Company believes has violated the provisions of this
User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and
you agree by accessing, browsing or using this website that this constitutes sufficient notice for all
purposes against you. The revised version/ terms shall be effective from the time that the Company
posts the same on the Website. In the event that the User Agreement includes a substantial change, the
Company will provide 30 days’ prior notice of such substantial change by posting the same on the
Website and also at the email address provided by the User to the Company. For the purposes of this
User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces
your rights or increases your responsibilities.

By implicitly or expressly accepting this User Agreement, You also accept and agree to be bound by
bharatgoods.com policies of privacy, customer returns policy listed under policy section of the website.

Eligibility

This Website may only be used or accessed by such persons who can form legally binding contracts
under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the
Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are
not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase
any items on the Website.

If you represent and are registering as a business entity, by accepting the User Agreement you represent
that such entity has sufficient authority under applicable law to enter into the User Agreement and you
are duly authorized by the business entity to accept this User Agreement and you have the authority to
bind that business entity to this User Agreement.

Registration and Communication

Registration: You are solely responsible for maintaining secrecy and confidentiality of your username
and password. You hereby acknowledge and accept that the website will grant access to any person who
has obtained your username and password in the same manner as it would have granted access to you
and you are responsible for all activities conducted under your username and password. The Company,
its employees or associates will not be responsible in any manner for losses occurring from such breach
of secrecy of your username and password.

You agree that your sole purpose of registering or using the Website is to buy or sell products or such
products as may be specifically notified by the Company on the Website from time to time (that are
permitted to be bought and sold under applicable law) and you shall not use this Website for any other
purpose including for selling or buying products other than as mentioned above or products that are not
allowed under applicable law to be sold or bought by you in any manner.

You agree to provide true, accurate and complete information while registering or for any other purpose
when prompted to do so on the Website. You are prohibited from misrepresenting your identity and
agree not to represent yourself as another User or login/ register using the identity of any other person.
You are responsible to maintain and promptly update the information provided while registering or for
any other purpose on the Website to ensure that the information provided by you is true, accurate,
current and complete at all times. If you provide any information that is untrue, inaccurate, not current
or incomplete or the Company has reasonable grounds to deduce that such information is untrue,
inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any
manner whatsoever.

Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.

Terms Of Use

You understand and agree that the Company and the Website merely provide hosting services to its
Users who access the Website for purchase and sale of products (that are permitted to be bought and
sold under applicable law). All items advertised and/or listed on the Website and the contents therein
are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You
also give permission to the Website and the Company to store details and records of your usage of the
Website indefinitely. However, this does not constitute any obligation on the part of the Company or
the Website to do so.

Currently the membership on the Website is free and the Company does not levy any charges/fees for
browsing or buying on the Website. However, for the purposes of listing any item on the Website to be
sold or availing other services provided by the Company through the Website such as packing,
warehousing, logistics partner etc., the Seller will be charged fees in accordance with the commercials
shared while onboarding. The Company reserves the right to introduce new services or modify the
existing services provided on the Website. Additionally, the Company at its sole discretion may
introduce fees for the new services provided or amend/ introduce fees for the existing services, as the
case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be
posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

All fees/ charges shall be quoted in Indian Rupees and shall be payable to Hobbygiri Services Pvt Ltd
within such time as specified in the invoice. You are responsible for paying all charges/ fees associated
with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc.
which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or
temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access
to the Website. The Company also reserves the right to take any legal action against you in case of any
non- payment of charges/fees to the Company.

If you purchase anything on the Website, you agree to also comply with the terms and conditions set
out in the Customer Returns Policy and Privacy Policy incorporated herein by reference.
If you propose to sell anything on the Website, you agree to also comply with the terms and conditions
of the seller policy document shared during onboarding.

You agree that the Company may appoint any third party service provider, including but not restricted
to one or more of the Company’s affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the transactions using the existing authorized banking infrastructure to provide enabling support facility for
collection and remittance of payment including but not limited to the Logistics Partner.

The Company neither originates nor transmits any communication/ information on behalf of any User
nor does it modify the contents of any communication transmitted. The Company has no control over
third parties and contents generated by the Users on the Website.

Any information provided by you to the Company or submit on the Website or provide or display to
other Users of the Website in the registration, buying or listing process, in the feedback area or through
any e-mail communication is solely your responsibility and the Company or the Website merely is a
platform where such information is distributed, published, displayed or used by Users. The Company or
the Website is not liable for accuracy, appropriateness or legality of such information.

User Obligations

All contractual terms of the manner and terms and conditions of products, transactions, payment,
delivery, warranties, expiry, insurance etc. is between the buyer and the seller and shall be
independently agreed with the other users of the Website that you may transact with.

You will treat the Website as a mere passive conduit which is used as a platform by Users to create
listings or provide information for the purpose of selling their items so that such information can be
discovered and read by other Users of the Website who may wish to purchase such items from other
Users or provide feedback on items they have purchased or sellers who have sold any item to them.

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any
information or list any information or item that:

  • belongs to another person and to which You do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
    libelous, invasive of another’s privacy, hateful, or racially, 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;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade
    secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of
    counterfeit or stolen items;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates
    any information which is grossly offensive or menacing in nature;
  • impersonate another person or use an anonymous proxy;
  • contains software viruses or any other computer code, files or programs designed to interrupt,
    destroy or limit the functionality of any computer resource; or contains any trojan horses,
    worms, time bombs, cancelbots, easter eggs or other computer programming routines that may
    damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate
    any system, data or personal information;
  • threatens the unity, integrity, defence, security or sovereignty of India, 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 any other nation;
  • shall not be false, inaccurate or misleading;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the
    dealing of which is prohibited or restricted in any manner under the provisions of any applicable
    law, rule, regulation or guideline for the time being in force;
  • may give rise to liability on part of the Website or the Company or cause any hindrance (in
    whole or in part) with respect to the services of ISPs or other suppliers of the Website or the
    Company; and
  • link directly or indirectly to or include descriptions of items that are (i) prohibited under the User
    Agreement or any other applicable law for the time being in force including but not limited to
    the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable
    Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as
    amended time to time and rules thereunder or (ii) are at the same time listed for sale on a web
    site other than the Website. You shall not promote any website or webpage or link on the
    Website.

In case of any violation of the above provisions, the Company has the right to immediately terminate the
access or usage rights of the user to the Website without any notice and any such violative information
that is displayed or submitted on the Website can be removed immediately and completely.

You shall be responsible for keeping backup versions of the information and data provided by you. You
hereby agree that you will not expect the Website to restore or keep backup of your information and
data and not hold the Website or the Company accountable for any loss of data in any circumstances.

You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the
prices of any item being sold or purchased on the Website. You will also refrain from accessing
information or databases in an unauthorized manner from the Website or servers where information or
databases are kept.

You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this
User Agreement. If such an attempt is discovered, it will constitute sufficient ground for termination of
access to the Website and also for taking appropriate legal action.

In case of any transaction or attempted transaction pertaining to any item listed on the Website which is
violative of this User Agreement or applicable laws comes to your knowledge, you shall forthwith take
all steps to inform the Company of such violation at contact@bharatgoods.com

If you choose to provide feedback on the Website which is visible to other users, you shall exercise due
care while making comments and not make any comments that are not factual in nature and shall not
post defamatory or illegal or offensive/ obscene contents.

You undertake not to disclose or distribute any other User’s Information to a third party, or use the
Information for any unauthorized purpose including for the purposes of marketing unless you have
obtained the User’s express consent to do so.

 You shall not place any advertisements on the Website in any manner. Further, you shall not use the
Website to promote your own or any other persons business or interests on the Website except for

providing description on a listing for a specific item, unless permitted by the Company in writing.

You shall not attempt to ‘double dip’ during the course of a dispute by receiving or attempting to receive
funds from the Company and/or its service providers and/or the buyer or seller as the case maybe.
 
You hereby by way of accepting these Terms consent to the receipt of communication from us by way of
e-mails, newsletters, WhatsApp messages & Phone calls.

Disclaimers

The Website is only a platform where users may meet and interact with one another for their
transactions. The Website or the Company is not and cannot be a party to or control in any manner any
transaction between two users of the Website.

All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per
principal to principal bipartite contractual obligations. The commercial / contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties, expiry of related to items listed for sale. The Company does not have any control
and neither does it determine or advise or in any way involves itself in the offering or acceptance of such
commercial / contractual terms between buyers and sellers. Further, you understand that a listing may
end if another User buys the item, or the User who made the listing chooses to end the same or if the
listing expires after a stipulated period of time.

The Company is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e.buyer and seller) including but not limited to non Delivery or non receipt, nonpayment, damage, breach of representations, warranties, expiry provided by the seller or any fraud as regards the items listed on the Website. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a transaction which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or
disagreement between users.

The Company does not make any representation or warranty as to the attributes (such as quality, worth,
marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or
purchased on the Website. In particular, the Company does not implicitly or explicitly support or
endorse the sale or purchase of any items on the Website. The Company shall not be liable for any
errors or omissions, whether on behalf of itself or third parties.

The Company does not make any representation or warranty as to the attributes (such as legal title,
creditworthiness, identity etc.) of any of its users. You are advised to use your best judgment and
independently verify the bona fides of any particular User that you choose to deal with on the Website.

The Website is only a venue through which Users can reach a larger base to buy and sell unique Indian
products. The Company is only providing a platform in form of the Website for communication and a
hosting service for information and it is agreed that the contract for sale of any of the items shall be a
strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest
over the items vest with the Company nor shall the Company have any obligations or liabilities in
respect of such contract. The Company is not responsible for unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered, expired or otherwise
unavailable. All items offered by sellers are only for a restricted time and only for the available supply as
offered by sellers.

The Company and its suppliers, affiliates and service providers make available the Website and services
including the online payment facility on an “as is” basis and without any warranty or condition, express,
implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for
a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of the Website and the electronic payment facility is at your own risk.

You release and indemnify the Company and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions of the users of the Website and specifically
waive any claims that you may have in this behalf under any applicable law. The Company cannot
control the information provided by other Users, which is made available on the Website
notwithstanding the Company’s reasonable efforts on that behalf. You may find other User’s
information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Website. Please note that there may be risks in dealing with foreign nationals,
underage persons or people acting under false pretense.

Limited liability of the Company

In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever,
including but not limited to negligence) out of or in connection with the Website, services provided by
the Logistics Partner or any other services or this User Agreement.

The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you
to the Company. The Company, its associates, affiliates and service providers and technology partners
make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness
of any content, information, software, text, graphics, links or communications provided on or through
the use of the Website or that the operation of the Website or the Logistics Partner will be error free
and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold
on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other
damage suffered by you on account of:

  • The delay, failure, interruption, or corruption of any data or other information transmitted in
    connection with use of the Website.
  • Any delay, failure, interruption or errors in the operation of the Website or the Logistics
    Partner.
  • A “Force Majeure Event” shall mean any event that is beyond the reasonable control of BharatGoods and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of BharatGoods and which BharatGoods is not able to overcome.

Indemnity

You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, affiliates,
third-parties and their respective officers, directors, agents, and employees, from any claim or demand,
or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or
arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.

Payment

Payments for the items on the Website, at the option of the relevant seller, can be made by way of (i)
payment through the Online Payment Facility or by depositing cash, cheque, demand draft in the bank
account of the Company; or (ii) Payment on Delivery wherein payment shall be made only by cash/
debit/credit/UPI supported applications on delivery, or such other method of payment as may be
permitted by the Company on the Website in its sole discretion.

For the purposes of buying and/or selling any item listed on the Website, you agree and undertake not
to make payments in any manner other than as provided, without the prior consent of the Company.

You acknowledge and accept that you have specifically authorized the Company to collect, process,
facilitate and remit payments by any of the prescribed methods of payment through Online Payment
Facility or Payment on Delivery to and from other Users in respect of Transactions.

In order to enable Users to carry out transactions on the Website, the Company will in addition to other
methods of payment provide an electronic payment facility on the Website. The Company shall make
reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are
informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are
outside of the Company’s control (including without limitation actions of Issuing Bank, Nodal Bank and
the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly
through payment gateway facility providers or through any such facility authorized by the Reserve Bank
of India to provide enabling support facility for collection and remittance of payment where the
transaction amount is remitted and/or refunded) may delay the time within which the transaction
amount are collected/ remitted by the Company through online transfer facility. The Company neither
makes any representations nor makes any warranties regarding the amount of time needed to complete
processing, including delays in the banking system and nor shall the Company be liable for any actual or
consequential damages arising from any claim of delay.

Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the
account of the Seller and the Company shall not be responsible for the same including but not limited to
service charges or any other fees/ charges.

Consent and Privacy Policy

By using the Website and/or by providing your information, you consent to the collection and use of
such information disclosed by you on the Website, by the Company. The personal information / data
including but not limited to the Information provided by the You to the Website during the course of a
Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under. The Company does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and the Company only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way please do not use the Website.

The Company views the protection of user’s privacy as a very important community principle. The
Company clearly understands that you and the personal information provided by you is one of the most
important assets to the Company. The Company stores and processes the information provided by you
in computers located in India that are protected by physical as well as reasonable technological security
measures and procedures in compliance with the provisions of the Information Technology Act, 2000
and rules made there under.

BREACH

Without limiting other remedies that the Company may pursue, the Company may at its sole discretion
take such action as it deems fit including but not limited to cancellation of the transaction or payments
made, limit your activity, immediately remove your information or listings, or end your listing, warn
other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your
membership, and/or refuse to provide you with access to the Website or initiate any legal action it may
deem fit, particularly in the event:

  • You breach any of the provisions of this User Agreement including any of the rules and
    policies, documents, terms and conditions made thereunder which are incorporated therein
    by reference;
  • Any misuse of the BharatGoods Facility
  • The Company is unable to verify or authenticate any information provided by you;
  • The Company believes that your actions may cause legal liability to the Company, other Users
    or yourself.

No actions, omissions or decisions taken by the Company shall waive any rights or claims that the
Company may have against the User.

Any User that may have been suspended or blocked may not register or attempt to register with the
Website or use the Website in any manner whatsoever until such time that such User is reinstated by
the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies
and other documents incorporated therein by reference, the Company reserves the right to recover any
amounts due and owed by you to the Company and to take strict legal action including but not limited
to referral to the appropriate police or other authorities for initiating criminal or other proceedings
against me.

Grievance Redressal Mechanism

In case of any grievance, objection or complaint on your part with respect to the Website, other Users,
or the Company, including any complaints or enquiry about suspension, termination or blocking of your
membership or right to use the Website, you should promptly raise such grievance or complaint with
the designated Grievance Officer at contact@bharatgoods.com and provide him with all necessary
information and/or documents to enable the Company/ Grievance Officer to resolve the issue.

The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.

Name: Sunil Yadav

Mobile :+91 9833987602

Email id: sunil@bharatgoods.com

General

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency
between you and the Company and you shall have no authority to bind the Company in any manner
whatsoever.

Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to
contact@bharatgoods.com and any notices to you by the Company shall be provided to the email
address provided by you during the registration process. Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may
give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of this User Agreement or the application thereof to any User or circumstance shall be
deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

This User Agreement together with the rules and policies incorporated herein by reference constitutes
the entire understanding and agreement between You and the Company with respect to the subject
matter herein.

The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under
this User Agreement hereunder to any other person without your prior consent provided that the
Company assigns this User Agreement on the same terms or such terms that are no less favourable to
you.

All remedies of the Company under this User Agreement whether provided herein or conferred by
statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be
enforced successively or concurrently.

ARBITRATION

If any dispute arises between you and the Company during your use of the Website or the Hobbygiri
Services Pvt Ltd or any service incidental to the Website or thereafter, in connection with the validity,
interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act,
1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English
language.

GOVERNING LAW

This User Agreement and all rules, policies and documents incorporated by reference shall be governed
and construed in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended
provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require
any physical or digital signatures.

CONTACT US

If you have any queries about this policy, write to us at contact@bharatgoods.com

 

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