Applicate Information Solutions Private Limited and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, “Applicate”) is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non- registered) accessing, offering, selling or purchasing products or services on Applicate’s mobile apps, web sites or mobile applications (“mobile app”) on the mobile app and otherwise doing business with Applicate. “Associate Companies” here shall have the same meaning as ascribed in Companies Act, 2013.
The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Applicate and the terms “You” / “Your” / “Yourself” refer to the users.
• The type of data or information that You share with or provide to Applicate and that Applicate collects from You;
• The purpose for collection of such data or information from You; Applicate’s information security practices and policies; and
• Applicate’s policy on sharing or transferring Your data or information with third parties.
Information collected and storage of such Information:
The Information (which shall also include data) provided by You to Applicate or collected from You by Applicate may consist of “Personal Information” and “Non-Personal Information”.
Your telephone number,
Your e-mail address or other contact information,
Your date of birth,
Information regarding your transactions on the mobile app, (including sales or purchase history),
Your financial information such as bank account information or credit card or debit card or other payment instrument details,
Your financial information such as bank account information or credit card or debit card or other payment instrument details,
Internet Protocol address,
Any other items of “sensitive personal data or information” as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
Identification code of your communication device which You use to access the mobile app or otherwise deal with any Applicate entity,
Any other Information that You provide during Your registration process, if any, on the mobile app.
Such Personal Information may be collected in various ways including during the course of You:
registering as a user on the mobile app,
registering as a seller on the mobile app,
availing certain services offered on the mobile app. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Applicate’s customer service by phone, email or otherwise or posting user reviews on the items available on the mobile app, or
otherwise doing business on the mobile app or otherwise dealing with any Applicate entity.
Applicate may also collect information other than Personal Information from You through the mobile app when You visit and / or use the mobile app. Such information may be stored in server logs. This Non-Personal Information would not assist Applicate to identify You personally.
This Non-Personal Information may include:
Your geographic location,
details of Your telecom service provider or internet service provider,
the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
the operating system of Your system, device and the mobile app You last visited before visiting the mobile app,
The duration of Your stay on the mobile app is also stored in the session along with the date and time of Your access,
Terms and Conditions (including Cancellation)
THESE STANDARD TERMS OF SALE (“TERMS OF SALE”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER’S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the mobile application under the name and style “Applicate” is referred to as “Buyer” and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as “Seller”). These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services (“Products”) through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by Applicate IT Solutions Private Limited (“Applicate IT Solutions”) which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as “You” with its grammatical variations and cognate expressions.
These Terms of Sale are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Website. If such a facility is provided, You may determine when these Terms of Sale were last modified by referring to the “Last Updated” legend provided above. You are requested to regularly visit the Website to view the most current Terms of Sale. It shall be Your responsibility to check these Terms of Sale periodically for changes and Buyer should also check Additional Terms of Sale of the Seller on the Product listing. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Terms of Sale will constitute Your acceptance of such changes or modifications.
Offer and Acceptance of the Product
All offer of sale of Products are governed by the description and specifications of the Product, terms of warranties provided by the respective manufacturer/Sellers/brand owners (as applicable) in addition to these Terms of Sale. In the event a manufacturer/Sellers/brand owners (as applicable) is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or on the label printed on the Product package. Such warranties are provided by manufacturer/Sellers/brand owners (as applicable) and will be fulfilled by the manufacturer/Sellers/brand owners (as applicable).
The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct Applicate IT Solutions to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Applicate IT Solutions. If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Applicate IT Solutions shall have the sole discretion to determine the mode of reversal from the above options.
With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
• Seller has the right to sell the Products to the Buyer on or through the Website;
• Buyer shall have and enjoy quiet possession of the Products;
• Products shall be free from any charge or encumbrance in favor of third party;
• Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
• Product shall meet the description and specifications as provided on the mobile app.
The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the mobile app on ‘as is’ basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
All prices are inclusive of VAT unless stated otherwise.
Delivery of the Product
There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the mobile app and purchased by the Buyer and meet all descriptions and specifications as provided on the mobile app.
Buyer’s shipping address, pin code will be verified with the database of mobile app before a Buyer proceed to pay for Buyer’s purchase. In the event Buyer’s order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the mobile app. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Applicate IT Solutions for any loss of any fee or charges that Applicate IT Solutions and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Applicate IT Solutions and its third parties are not consequential or indirect.
The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
Return Policy for Products
We have a “no questions asked return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or accurateness of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills.
Cancellation of transaction / orders
Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct Applicate IT Solutions to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer’s order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to Applicate IT Solutions. If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Applicate IT Solutions shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Applicate IT Solutions is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of Applicate IT Solutions for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller’s decision regarding the cancellation.
Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by Applicate IT Solutions in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Applicate IT Solutions to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.
Disclaimer by Applicate IT Solutions
Applicate IT Solution’s ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE MOBILE APP TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL APPLICATE IT SOLUTIONS HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL APPLICATE IT SOLUTIONS HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND APPLICATE IT SOLUTIONS ON THE OTHER HAND.
APPLICATE IT SOLUTIONS DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE THE MOBILE APP OR ANY LINKED SITES. APPLICATE IT SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILIGY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT Buyer’s OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND APPLICATE IT SOLUTIONS DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. APPLICATE IT SOLUTIONS ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
APPLICATE IT SOLUTIONS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND APPLICATE IT SOLUTIONS SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
Applicate IT Solutions is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
Applicate IT Solutions does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Applicate IT Solutions. Prices, Product description and availability of the Product are Seller’s responsibility.
Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Applicate IT Solutions shall not in any manner be held liable for the same.
Applicate IT Solutions shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.