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 Terms of Use for access or usage of AREAKART/SHOPINZIP PRIVATE LIMITED.
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with SHOPINZIP PRIVATE LIMITED and these terms and conditions including the policies constitute Your binding obligations, with AREAKART.
For the purpose of these Terms of Use, wherever the context so requires ”You” or ”User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. AREAKART allows the User to surf the Website or making purchases without registering on the Website. The term ”We”, ”Us”, ”Our” shall mean SHOPINZIP PRIVATE LIMITED/Areakart Platform. The Customers are liable to abide by the rules/guidelines/policies of the Sellers/Store Owners for the sale of the respective products.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by SHOPINZIP/ Areakart Platform Policies (including but not limited to Privacy Policy available on Privacy Policy as amended from time to time.
The Website is a platform that Users utilize to meet and interact with one another for their transactions. AREAKART is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
Henceforward:
All commercial/contractual terms are offered by and agreed to between Buyers and store owners/Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. AREAKART does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
AREAKART does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website/Application. AREAKART does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website/Application. AREAKART accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
AREAKART is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. AREAKART cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. AREAKART shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
AREAKART does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
At no time shall AREAKART hold any right, title or interest over the products nor shall AREAKART have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. AREAKART is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. AREAKART is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
AREAKART owns the rights to deactivate the accounts of buyer/seller at any time due to any reason.
AREAKART cannot be held responsible for loss of any data due to any reason at any point of time. Further, AREAKART possess the authority and rights to read the messages of the buyers and sellers and may also reply to the texts in order to resolve the issues at any end. It is on the discretion of the Areakart whether to participate in resolving an issue or not.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
You release and indemnify AREAKART 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. Notwithstanding its reasonable efforts in that behalf, AREAKART cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and AREKART Website.
Indemnity
You shall indemnify and hold harmless AREAKART, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) 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 this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Ahmedabad.
Product Description
AREAKART we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL AREAKART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
SERVICE LEVEL AGREEMENT
BY AND BETWEEN
SHOPINZIP PRIVATE LIMITED.
AND
ITS SELLERS/STORE OWNERS
SERVICE LEVEL AGREEMENT
This Agreement shall be deemed accepted by the User upon the commencement of their use of our software platform. Furthermore, the User acknowledges that updates to the software platform, whether initiated manually or through automatic updates.
BY AND BETWEEN
SHOPINZIP PRIVATE LIMITED, a company incorporated in INDIA; having its registered office at 13 A 3rd Floor, Ajanta Commercial Centre, Income Tax Cross Road, Ashram Road, Ahmedabad 380014, (hereinafter referred to as the “SHOPINZIP” or “Areakart” shall include Holdings and any and all of its subsidiaries, ventures or affiliates (including the Company and any and all of its subsidiaries, ventures or affiliates) whether currently existing or hereafter formed. which term shall mean and include its successors, assigns, affiliates and group entities) of the FIRST PART.
AND
Companies/Business Owners (hereinafter referred to as the “Seller”) shall include Holdings and any and all of its subsidiaries, ventures or affiliates (including the Company and any and all of its subsidiaries, ventures or affiliates) which term shall mean and include its successors, assigns, affiliates and group entities) whether currently existing or hereafter formed. of the OTHER PART.
The SHOPINZIP and the Sellers/Store Owners shall hereinafter be individually referred to as “Party” and collectively be referred to as the “Parties”.
WHEREAS,
SHOPINZIP PRIVATE LIMITED (herein referred to as the “Client Company”) is engaged in the business of E-commerce Projects. It has developed a platform on which all different sellers/store owners can set up their stores virtually and sell their respective products online. The Platform is named as “AREAKART” on which products will be sold by various sellers/companies/vendors/Business owners.
The Seller/Store Owner and the Shopinzip has come together to conduct business through the Areakart Platform with some terms and conditions mentioned in this agreement mutually agreed upon between the parties.
The Shopinzip has represented to Sellers that it may have necessary skill, technical expertise, experience and resources to effectively provide requisite Services to the Sellers and customers respectively.
NOW IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this Agreement, unless the context otherwise requires the following terms shall have the meanings assigned to them, respectively:
“Applicable Law(s)” means all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority, statutory authority, tribunal, board, court of any jurisdiction, including common law;
“Intellectual Property” means all patents, trademarks, permits, service marks, brands, trade names, trade secrets, proprietary information and knowledge, technology, computer programs, databases, copyrights, Project Data (as defined below), licences, franchises, formulae, designs, drawings, rights of confidential information and all other intellectual property;
“Administrative Services” means [the administration of Areakart Platform by the Shopinzip to Seller;
“Areakart” means the online trading/selling platform designed by SHOPINZIP Private Limited wherein the owners/sellers set up their stores to sell their products online to conduct online/offline business by trading of various kinds of products.
“Admin” means the person employed by the Shopinzip to perform the administrative tasks like organizing data, compilation, managing seller profiles, assisting the sellers and customers and such related tasks to operate the platform effectively between the parties.
“Buyer” means someone who buys or has agreed to buy goods from the Areakart Platform.
“Seller” means someone who sells or has agreed to sell goods on the Areakart Platform.
“Item” means all the various products/services that are listed on the Areakart Platform for selling.
“Inventory” means the stock of products required to be maintained in the Store of the business owners for future sale.
“Business owners” means all the sellers that have listed themselves on the Areakart Platform with the intention of selling their goods/services on Areakart.
AREAKART’S ROLE.
AREAKART PROVIDES A VENUE FOR THIRD-PARTY SELLERS (“SELLERS”) AND BUYERS (“BUYERS”) TO NEGOTIATE AND COMPLETE TRANSACTIONS. AREAKART IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN SELLERS AND BUYERS AND IS NOT THE AGENT OF AND HAS NO AUTHORITY FOR EITHER FOR ANY PURPOSE. AS A SELLER, YOU MAY LIST ANY ITEM ON THE SITE UNLESS IT IS A PROHIBITED ITEM AS DEFINED IN THE PROCEDURES AND GUIDELINES CONTAINED IN THE PROHIBITED ITEM LIST. WITHOUT LIMITATION, YOU MAY NOT LIST ANY ITEM OR LINK OR POST ANY RELATED MATERIAL THAT (A) INFRINGES ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHT, TRADEMARK, PATENT, AND TRADE SECRETS) OR OTHER PROPRIETARY RIGHTS (INCLUDING RIGHTS OF PUBLICITY OR PRIVACY); (B) CONSTITUTES LIBEL OR SLANDER OR IS OTHERWISE DEFAMATORY; OR (C) IS COUNTERFEITED, ILLEGAL, STOLEN, OR FRAUDULENT. IT IS UP TO THE SELLER TO ACCURATELY DESCRIBE THE ITEM FOR SALE OR AUCTION. AS A SELLER, YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK.
2. OBLIGATIONS OF THE SHOPINZIP/AREAKART TOWARDS SELLERS
The Shopinzip shall make the best possible efforts to ensure that the sellers are provided the best and adequate administrative support to conduct the selling on the platform. The Shopinzip/Areakart Platform is not responsible for sale of the fraudulent/duplicate/ deceitful items to the buyer. The seller will be solely responsible to the buyers at all levels for the sale of the respective products.
The Shopinzip shall [ensure] OR [use all reasonable endeavours to ensure] that the Services are provided in accordance within timeline as mutually agreed upon by both the parties, and that [a copy of the Documentation and manuals is] delivered to the Sellers[ [by secured email]] in accordance with that timetable.
The Shopinzip shall make best possible effort that a propertechnical knowledge/training for operating the Platform and selling online has been taught to the sellers. The Shopinzip ensures to provide training and related manuals to the Sellers to effectively operate the platform. The essential information like login id, required codes, passwords and everything should be provided to the sellers timely and completely.
The Shopinzip shall [during the course of the App Services at the request of the Seller] [supply to the Seller] OR [make accessible to the Seller] for the purposes of [enabling the Seller to assess the application and provide feedback to the Shopinzip regarding the Platform].
Initial Support. For the [01] Week period beginning on the Effective Date, and at Shopinzip’s own expense, Shopinzip shall provide Seller with telephone or electronic support during Shopinzip’s normal business hours in order to help Seller locate and correct problems with the Online Platform, and internet-based support system generally available seven days a week, the next business day from the day when any technical problem has occurred. The Shopinzip will undertake best possible efforts to 5 provide required training to their store owners/buyers that would help them to get adapted to the platform and use the respective features in best possible manner.
3. OBLIGATIONOF THE SELLERS
Stores/Sellers will not sell items that are illegal by any way on the platform. If the store owners are found selling any duplicate/non original products online/offline through Areakart, the store owner will be solely responsible for the consequences and Areakart will not be liable to the buyers for any damages/loss incurred through such sale. In any case, the storeowner is caught selling any forged/duplicate/damaged/lost/illegal products/items on the Areakart Platform, then the Storeowner will be held responsible for the legal consequences arising out of such sale and will also be liable to pay the penalty of Rs. 1,00,000/- (one Lakh rupees) incurred during each such sale.
SHOPINZIP/Shopinzip Admin Panel doesn’t keep track on the products that store list/put on the SHOPINZIP platform so its store/seller’s responsibility to keep track for legality of the items.
The Sellers will be solely responsible for any legal consequences arising from the sale of items and the Shopinzip will not be held responsible at any point for such items sold to the customers at any point on Areakart.
The Seller will be responsible to maintain the track of items for which specific licenses are required prior the sale of such items. The seller will acquire such required licenses and documents and then only proceed for such items on Areakart. Otherwise, the seller will be held responsible for such unlawful acts..
The Admin and Areakart may help in maintaining the Inventory/list of the the Items/products to be sold on the platform. It is sole responsibility of the Business owners/store keepers to keep all the information updated regarding the Product description, manufacturer’s details(name and address), date of expiry, licenses Approved, ingredients included, warnings (if any), additional information that is helpful to consume the products.
If in any case the Business owners/store keepers change/update the GST, PAN, FSSAI, or any other related document. The Business owner will update the Admin of such updates within a week from date of such updating.
The Sellers ensure that they will conduct lawful business on the platform and will maintainproper ethical standards and the requisite licenses and certificates that are necessary to sell certain products. Which may include FSSAI, Gumasta license, others related to the nature of businesses and its item sold on platform.
The Sellers ensure that they will conduct lawful business on the platform and will maintain proper ethical standards and the requisite licenses and certificates that are necessary to sell certain products.
The Sellers are responsible for fulfilling the orders accepted by them and provided by the customers.
The Sellers are solely responsible for the payment/transaction errors.
The Sellers will not add/display the inventory that they do not intend to sell or they do not possess in actual.
The Sellers will not change their names visible on the online platform without the Admin’s prior approval.
The Seller ensures to maintain their licensees and also agrees to send the updated copy regularly to the Admin. The Failure to maintain the licenses will held the Store owner responsible for the negligence caused.
The Seller will be responsible for any default made while fulfilling the orders.
The Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller’s terms.
The Areakart/Admin may use the Photographs/images of the products that are provided by the Business owners at various places and mediums for the purpose of promotion of their said products without the prior permission of the business owners. The Areakart will have the rightsto use such images for advertising, printing, publicity, sales promotion on various mediums once the material is provided to the Arekart by the Business owners.
By listing themselves on the Areakart, the business owners automatically agrees with the terms, conditions, updated policies of the Areakart platform. In case of disagreement, the business owners will discontinue their stores on the platform.
Refund Obligation.
Sellers must provide a full refund directly to any Buyer who remits payment, whether the Buyer paid directly or through other modes, if the item cannot be shipped at the close of the sale or any defective/damaged/duplicate/wrongful/not as described on the platform is shipped to the buyers. Seller must provide the refund promptly, but in no case later than seven (07) days following the close of the sale. Any Buyer who believes he/she may be entitled to a refund on this basis can contact the Seller directly.
Password Security.
Your password may be used only to access the Site, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.
4. Admin’s Control
Admin can control/manage/change the store’s listing, profile, messages, bank account, payments, orders, online status.
Admin can remove/pause any store or stores with or without any notice.
If any store is deleted or removed by admin, admin is not responsible for that under any circumstances.
If Admin can change the store’s profile without store’s permission and any notice. And make any changes to the Store Profile.
Admin can accept / decline / cancel / or manage/ pass on any orders coming to store without any permission or any kind of notice to store.
Admin can read/ type/ manage / remove messages of store’s customer without any permission from the store.
Admin can change/ manage/ remove store’s Bank Account.
Admin can control any of your orders payment or decline payment due to any reason.
If an admin forgets or not pay or any late payment to store owner due to any reason, admin or company will not be held accountable under any circumstances or any reason.
Admin can Add / change / manage / remove the Store’s Inventory without any store’s permission.
Admin can Add/ change/ manage/ remove Store’s Subscription plan without any permission or any kind of notice any store.
If admin is not able to provide or generate payouts, statement, invoices or receipts or miss any payment to any store, Admin and Areakart will not be held accountable.
The Admin will not be held responsible for any technical error or operational error/transactional error taking place in the system.
5. ILLEGAL ACTIVITY
Compliance with Laws; Fraud.
The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Areakart will cooperate to ensure that violators are prosecuted to the fullest extent of the law. In any case, the storeowner is caught selling any forged/duplicate/damaged/lost/illegal products/items on the Areakart Platform, then the Storeowner will be held responsible for the legal consequences arising out ofsuch sale and will also be liable to pay the penalty of Rs. 1,00,000/- (one Lakh rupees) incurred during each such sale.
Investigation.
Areakart has the right, but not the obligation, to monitor any activity and content associated with this Site. Areakart may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings and bids. Areakart reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
Disclosure of Information.
Areakart also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Areakart’s systems and customers, or to ensure the integrity and operation of Areakart’s business and systems, Areakart may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content or any other additional content that is found or Areakart.
6. No Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. AREAKART MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:.
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF AUCTION OR FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AREAKART TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AREAKART DISCLAIMS ANY AND ALL SUCH WARRANTIES.
AREAKART WILL NOT BE HELD LIABLE/RESPONSIBLE FOR ANY DAMAGE/HARM/LOSS/INJURY CAUSED TO ANY PERSON DURING THE PICKUP/DELIVERY OF THE PRODUCTS/ITEMS SOLD ON THE AREKART PLATFORM.
7. Limitation of Liability.
AREAKART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
8. Disputes.
Because AREAKART is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose, AREAKART will not be mandatorily involved in resolving any disputes between participants related to or arising out of any transaction. The Areakart may get involved or not get involved in the dispute. It is upon the discretion of the Areakart whether to get involved or not. Initially, AREAKART urges Sellers and Buyers to cooperate with each other to resolve such disputes. AREAKART might take up the best possible effort to resolve the issues between the parties.
9. Your Grant.
By entering into this Agreement and listing an item, you grant AREAKART and its affiliates a nonexclusive, worldwide, royalty-free, irrevocable right to exercise all copyright, trademark rights, and rights of publicity over the material displayed in your listings (including storefronts) in any existing or future media, known or unknown, now or at any later date. The Business owners will maintain the details like Brand name, logo, and product details of the items sold on the platform. This grantshall be limited to AREAKART and its affiliates’ use of your materials in connection with the Site and the Services, which may include advertising and promotion for the Site and the Services. You represent and warrant that you own or otherwise control all of the rights to the materials displayed in your listings (including storefronts), and that the use of such materials by AREAKART and its affiliates will not infringe upon or violate the rights of any third party.This grant shall a product images/store front photographs and related photographs related to the products store services. Media advertising promotion
10. Term and Termination.
This Agreement shall come into effect on and from the Effective Date and shall continue to remain in full force until the completion of the Services or unless terminated after giving 30 (thirty) Working Days’ written notice to the Areakart authority.
10.1 Upon termination of this Agreement:
The Areakart shall not intentionally or otherwise, commit any act(s) as would render a third party to believe that the Seller is still associated with the Areakart in terms of this Agreement.
The Areakart shall promptly, but in no case more than five (5) Working Days return or destroy the Confidential Information (without retaining copies thereof) provided for the purpose of this Agreement.
The Areakart shall immediately return to the Seller the material and the Products in its possession;
The Areakart shall cease the use of Intellectual Property of the Seller, except as permitted under this Agreement, and shall deliver all Project Data within thirty (30) Working Days.
11. General Provisions
Entire Agreement.
This Agreement and the general terms and conditions of the Site, including but not limited to the Privacy Notice and Conditions of Use, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
No Agency; Third-Party Beneficiary.
Areakart is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Areakart, you, and relying Buyers or Sellers.
Severability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver.
We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Areakart’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Areakart’s right to subsequently enforce such provision or any other provisions of this Agreement.
12. The Areakart Payment Service. IN ORDER TO SELL ITEMS IN MARKETPLACE, YOU MUST REGISTER WITH AREAKART AND USE THE AREAKART PAYMENT SERVICE THAT MAY ALSO INCLUDE THIRD PARTY PAYMENT SERVICE (the “Payment Service”).
The Payment Service facilitates the purchase of Seller items listed on the Site. A Buyer authorized credit card payment (“Payment Transaction” is credited to a registered Seller Account Summary, and funds are periodically transferred to the Seller designated checking account (“Seller Account”). The Buyer may authorize a Payment Transaction with any major credit card/UPI/other payment modes/payment wallets accepted by Areakart. The Payment Service helps facilitate Marketplace transactions and is not the purchaser of the Seller goods. Seller will resolve any dispute directly with Buyer or with the assistance of the Areakart and not through the Payment Service. Seller must register online with Areakart to use the Payment Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller from time to time while Seller is registered with the Payment Service (including credit reports about Seller spouse if Seller lives in a community, property, state), and to obtain an initial credit authorization from Seller credit card issuer at time of registration.
The Payment Service is available only to individuals and others who meet the terms of eligibility for the Areakart online selling community, and whose applications are acceptable to Areakart. Payment Transactions can be credited only to bank checking accounts in the India. Sellers waive any rights with respect to the Service when shipping to an address other than that provided by the Service.
. The Payment Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance or any other technical error in the server. We can initiate Payment Transaction credits to Seller Account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Agreement, a Business Day is a Monday through Friday, excluding federal banking holidays. We might send a receipt to Seller via e-mail for each completed transaction. In addition, Seller can access his or her Payment Service transaction information online on the Areakart’s Platform and can also request for password change if desires so to the Admin of the Areakart. Seller may access the Seller Transactions feature only with a browser that is compatible with the Payment Service, including any security features that are a part of the Payment Service. The Areakart may share the payment receipt to the sellers through email for each completed and verified transactions and may help to resolve the issues if any occurred during the payment.
Commission for the Sellers: The Sellers will be charged commission at a certain decided rate on the Net Sales Amount on the Invoice generated at every transaction. The rate of the commission will be mutually decided as agreed upon between the parties that is sellers and the Areakart/Shopinzip authority. The rate of commission may be differ from Seller to Seller for similar/different products/items listed on the Platform as per the discretion of the Areakart. The Areakart reserves right to change the rate of commission among the sellers and might intimate about the respective change by serving a written notice to the sellers by mail/other digital medium. The Areakart reserves the rights to charge the rates as per their own discretion and may charge different rates of commission for same category of sellers on the respective transactions. Areakart will charge 18% service charge of commission charge + TDS for retail products will be passed on the Business owners as calculated on each sale.
All balances for a given 7 day period will be reflected in the Seller Account Summary located on the Manage Your Areakart Payments Account page of the Seller Account section of Marketplace when logging on with Sellers password. We will initiate a credit to Seller Account on a rolling 7 day cycle (“Payment Date”) based on the original date of Seller registration with the Payment Service or on the next Business Day if the scheduled Payment Date falls on a non-Business Day. If Seller requests a change to the scheduled Payment Date, the 7 day cycle will be reset to the requested Payment Date. When Seller completes registration by providing bank account information, Seller must wait 30 days to request a transfer to Seller bank within the 30-day cycle. All the transfer will be initiated or paid automatically between 1-30 days of initiating transactions or collective transactions. We will initiate a transfer to Seller Account every week for the total amount of Payment Transactions received from Buyer’s authorized credit card transactions for Seller, less any refunds, or for funds otherwise received for Seller since the last Payment Date. The amount of the fees for Payment Transactions will be posted to Seller Account Summary and will be deducted from the balance of credits in the Seller Account Summary to be remitted to Seller on the next Payment Date.
. Transfers to the Seller Account will generally be credited within 1-30 Business Days of the date we initiate the transfer. On occasion, we may send Seller a paper check instead of an electronic credit to Seller bank account. We will do so, for instance, if Seller bank will not accept an electronic credit to Seller accounting. Seller must provide a full refund directly to any Buyer who remits payment, either directly or through Areakart, if the item cannot be shipped at the close of the sale. Seller must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale. All the transfer will be initiated or paid automatically between 1-30 days of initiating transactions or collective transactions.
As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to Seller: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a Buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
We reserve the right to delay initiating the transfer of Payment Transaction credits to a Seller bank account (or sending paper checks) pending an investigation if we, in our sole discretion, believe Buyer or Seller may have violated the Agreement. Notwithstanding any other provision of this Agreement, if we determine, in our sole discretion, that Seller has violated this Agreement, we may refuse to deliver a Payment Transaction credit to Seller and may instead maintain the amount of such credit in a trust account or may return the amount of the credit to Buyer. We will not be liable to Seller if we act in accordance with the provisions of this Section.
All notices will be sent by e-mail only. We may send notices to Seller at the e-mail address maintained in Areakart’s records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us. Seller will send notices to us at our current e-mail address published on our Web site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.
There is no fee at present (when this agreement becomes effective) for registering for the Payment Service. The Areakart may introduce any joining fee in future date. The fees for using the Payment Service in Marketplace listings are included in the Marketplace listing fees (which means there are no additional fees for use of the Payment Service). We may, in our sole discretion, waive, reduce, or reverse charges or fees for a specific transaction.
We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller. We reserve the rightaa to seek reimbursement from Seller if we, in our sole discretion, decide to reimburse Buyer under the terms of the Areakart, provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from Buyer’s credit card issuer for the amount of Buyer’s purchase from Seller. We may obtain such reimbursement by deducting from future payments owed to Seller, reversing any credits to Seller’s bank account, charging Seller’s credit card, or seeking such reimbursement from Seller by any other lawful means.
Seller may terminate its participation in the Payment Service at any time by giving notice to us, and we may terminate Seller participation in the Payment Service at any at any time by giving notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also, upon termination, any pending transactions will be canceled.
The Areakart may change its policy or business methods at any point of time during the course of business without any prior notice to the store owners/sellers.
Subscription and Compliance Terms
The Seller acknowledges that the subscription fee paid to Areakart is non-refundable under any circumstances. While the Seller may submit a request for a refund, Areakart reserves the sole discretion to evaluate such requests, without any obligation to process refunds.
Areakart retains the right to terminate the Seller’s account if any policies are violated, including but not limited to failure to fulfill orders, inaccurate inventory management, or inability to provide listed products. The Seller is solely responsible for maintaining accurate inventory and ensuring product availability for all accepted orders.
Areakart reserves the right to revise subscription fees, commissions, or other applicable charges at any time without prior notice. The Seller agrees to comply with such updates as part of their continued engagement with Areakart.
The Seller is solely responsible for timely tax payments, including filing obligations related to their business activities. Areakart bears no liability for any tax payments, filings, or penalties incurred due to the Seller’s non-compliance with applicable tax laws.
15. CONFIDENTIALITY
The Shopinzip shall not disclose to any third party the business of the Seller, details regarding the Clients, including any information regarding the Intellectual property, or the Seller’s business (the “Confidential Information”) All information relating to the Seller or given by the Seller Company to The Areakart, pursuant to this Agreement, either in tangible or intangible form, including Client Data, shall be deemed to be confidential for the purpose of this Agreement.
The Shopinzip agrees that the Confidential Information which has been or will be disclosed by or on behalf of the Seller will be received by the Shopinzip in confidence and will be used only for performance under and in accordance with this Agreement and shall not be disclosed to any third party who is not involved in this project.
16. CANCELLATION /AMENDMENT
Neither Party shall have the right to amend or alter all or any of the terms and conditions of this Agreement until and unless the same has been mutually agreed upon and reduced in writing by both the Parties.
17. Further Acts and Assurances
Each Party hereto shall co-operate with the other and execute and deliver to the other such instruments and documents and perform (or procure the performance of) such other actions as may be required under Applicable Law or as may be necessary or reasonably requested from time to time in order to carry out, give effect to and confirm their rights and intended purpose of this Agreement, provided that no such document or agreement shall be inconsistent with the spirit and intent of this Agreement.
18. No Exclusivity
The SHOPINZIP acknowledges that the Seller is free to engage a third party to perform Services of the same or similar nature to those provided by the Areakart
19. Nature of the Relationship
The arrangements between the Parties under this Agreement have been entered into on a principal-to-principal basis and do not create any employee-employer relationship between the Parties. Nothing contained in this Agreement shall be deemed to create any partnership, joint venture between the Parties or a merger of their assets or their fiscal or other liabilities or undertakings or create any employment or relationship of principal and agent between the Client and/or its representatives, employees and agents and the Developer Company. None of the Parties shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Parties.
20. Notices
All notices under this Agreement shall be written in English and shall be sent by email as a Party shall designate by similarly giving notice to the other Parties:
If to the Shopinzip, at: Name: SHOPINZIP PRIVATE LIMITED, Address: 13 A 3rd Floor, Ajanta Commercial Centre, Income Tax Cross Road, Ashram Road, Ahmedabad 380014 Email: stores@areakart.com Contact number: +91 9998580222
21. Dispute Resolution
In the event of any dispute under this Agreement, the same shall be amicably settled between the Parties. If any dispute is not settled amicably, the same shall be referred to the sole arbitrator to be appointed by both the Parties. The award given by the Arbitrator shall be final and binding on both the Parties. The language of Arbitral Proceedings shall be English. This arbitration shall be governed by The Arbitration & Conciliation Act, 1996 and the place of arbitration shall be at Ahmedabad.
22. Survival
The provisions of Clause Intellectual Property Rights, Confidentiality, Clause Representations and Warranties, Clause Indemnification, Clause Dispute Resolution, this Clause Survival, and Clause Governing Law shall survive the termination of this Agreement.
23. Entire Agreement
The Parties here to confirm and acknowledge that this Agreement shall constitute the entire agreement between them and all earlier agreements, arrangements, letters correspondence, understandings etc., either written communication with respect to the subject matter herein stand superseded by this Agreement and no amendment, modification or addition to this Agreement shall be binding on either of the Parties hereto unless set forth in writing and executed by the Parties through their duly authorized representatives.
24. Governing Law
This Agreement shall be governed and construed in accordance with Indian Laws and subject to the exclusive jurisdiction of competent courts at Ahmedabad.
25. Shipping and Delivery Policy
1. Shipping Information
1.1. Processing Time
Orders are typically processed within 10 Mins to 5 business days depends on the type of store and Restaurants (excluding weekends and holidays) after receiving full payment. During peak seasons or promotions, processing times may be slightly longer.
1.2. Shipping Methods
We offer the following shipping methods
Standard Shipping: Estimated delivery time varies from 10 Mins to 5 business days.
Please note that delivery times are estimates and may vary based on factors such as destination, weather conditions, and carrier delays.
1.3. Shipping Costs
Shipping costs are calculated based on the weight of your order and the selected shipping method. The shipping cost will be displayed at checkout before you complete your purchase.
26 Delivery Information
15.1. Delivery Address
Customers are responsible for providing accurate and complete delivery addresses. We will not be held responsible for orders delivered to incorrect or incomplete addresses provided by the customer.
15.2. Delivery Attempts
If the carrier is unable to deliver the package on the first attempt, they will make additional attempts. After a certain number of unsuccessful attempts, the package may be returned to us. Additional shipping or delivery charges may apply for re-shipment.
27. Lost or Damaged Items
In the rare event that an item is lost or damaged during transit, please contact our customer service team immediately at support@areakart.com. We will work with the delivery partner or carrier to initiate an investigation and resolve the issue as quickly as possible, But areakart is not liable for the same.
28. Contact Information
If you have any questions or concerns about our Shipping and Delivery Policy, please contact our customer service team at support@areakart.com