Welcome to Kurabels.

This document is an electronic record in terms of Information Technology Act, 2000 read with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 framed thereunder including the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time and for the time being in force. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The website- “www.kurabels.com” (hereinafter referred to as “Platform”) including the related mobile site and mobile application is owned and operated by Kurabels Private Limited (hereinafter referred to as “Kurabels” or “us/US” or “we/We” or “our/Our”), a company incorporated under the Companies Act, 2013 and having its Registered Office located at 21/1, Prannath Pandit Street Kolkata- 700025, West Bengal, India.

The Terms of Sale signifies the conditions to sell products/services on the Platform and creates an obligation towards both Kurabels and Buyers.

For the purpose of these Terms of Sale, wherever the context so requires “you/You” shall mean any natural or legal person who has agreed to become a Seller on Platform by providing his/her data while registering on the Platform as Registered Seller and “user/User” shall imply any buyer/visitor.

RESGISTERING AS SELLER, ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF SALE, SO PLEASE READ THE TERMS OF SALE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Sale, you accept and agree to be bound by these terms and other policies applicable to you and as amended from time to time.

In addition, when you use any current or future Kurabels Service, you will also be subject to the terms and guidelines applicable to it and they shall be deemed to be incorporated into this Terms of Sale and shall be considered as part and parcel of this Terms of Sale. If these Terms of Sale are inconsistent with respectively applicable terms and guidelines, the latter shall prevail.

Also, we reserve the right, at our sole discretion, to modify, add or remove portions of these Terms of Sale, at any time without any prior written notice to you. You shall ensure to review these Terms of Sale periodically for updates/changes. Your continued sale on the Platform following the implemented changes shall mean that you accept and agree to the revisions. As long as you comply with these Terms of Sale, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and sell on the Platform.

1. MEMBERSHIP ELIGIBILITY

Only those persons who can form legally binding contracts under the Indian Contract Act, 1872 are eligible to register as Seller on the Platform. If you are minor or undischarged insolvents and fraudulently register as seller on the Platform, we reserve the right to terminate your registration and/or refuse you to access the Platform. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the Terms of Sale and you have the authority to bind the business entity to the Terms of Sale.

2. SELLER’S ACCOUNT

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect then we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.

As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said seller for downloading payment and taxation reports, if required. After 90 days, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by us at all times, such as registered mobile number, registered email ID, GSTIN and other transaction related information necessary for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with us again, the earlier account may get restored and there won’t be a new account created.

3. REGISTRATION

Registration on the Platform is free. We do not charge any fee for browsing/registering as Seller on the Platform. However, before you list a product or service for sale through the Platform, we request you to review the instant Terms of Sale as we reserve the right to change our terms from time to time. In particular, we may, at our sole discretion, introduce new services or modify some or all of the existing services offered on the Platform or levy charges on such services introduced or modified. Changes to the Terms of Sale or related payment guidelines shall automatically and immediately become effective once they are posted on the Platform. Unless otherwise stated, all fees and charges shall be quoted in Indian Rupees (INR) and are payable to Us.

You shall be solely responsible for compliance with all applicable laws for making payments to us. You hereby agree that we shall have the right to set off any amounts due and payable by you to us against any payments due from us to you.

4. COMMUNICATION

When you use and register as seller on our Platform you are required to provide your name, phone number, email id and other details as given and understand and accept that you are communicating with us through electronic records and you have consented to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Kurabels prior written consent means a communication coming from its Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization.

5. PRIVACY

We view protection of your privacy as a very important ethic. We understand that you have reviewed and impliedly accepted our Privacy Policy governing this Platform to understand our practices. The personal information shall be kept strictly confidential, except with our corporate entities and affiliates and on certain cases which shall be pursuant to laws and regulations or to help you to access to the services provided on this Platform but in the good faith only. If at any case you dissent in sharing your personal objection, we believe that you shall not use this Platform. We ensure that for reasons other than above we shall not disclose your privacy without your explicit consent.

6. CONTRACTS FOR TRANSACTION

You agree and understand that Kurabels and the Platform merely provide hosting services to its registered Sellers and Users of the Platform. All items and contents therein are advertised/listed by the registered Sellers and we shall bear no responsibility or liability in relation to or arising out of such advertisements and contents. The Platform is merely an intermediary and does not interfere in the transaction between buyers and sellers.

Kurabels is not and cannot be a party to any transaction or dispute between users and sellers on the Platform.

Henceforth:

• All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. We do not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.

• We do not make any representations or warranties regarding specifics (such as quality, value, and worth) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform and hence accepts no liability for any errors or omissions of third parties in relation to the products and services.

• We do not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

• We are neither responsible for any non-performance or breach of any contract between you and buyers nor guarantees that you and buyers concerned will perform transaction(s) concluded on the Platform. We shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.

• We do not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.

• We shall not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.

• At no time, shall Kurabels hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. We are not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.

• The Platform is only a medium for you to reach a larger customer base to sell items or services and hence we only provide a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.

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

7. TAXATION COMPLIANCES

You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you. You shall be required to provide your unique Goods and Service Tax Identification Number (GSTIN), without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account. In the event of you providing your Input Service Distributor Registration Number, we would be issuing an invoice to the ISD GST registration number as furnished by you.  It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.

It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. We shall not be responsible for any deficiency and/ or omission on your part.

Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, we shall collect tax collection at source at applicable rates on net value of taxable supplies made through the Platform and remit to the appropriate Government.

In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to us to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.

You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing on the Platform. In the event that you do not provide the HSN code number of a particular product, then it shall be delisted and you will no longer be able to sell the product on our platform.

As per Section 194-O of the Finance Act, 2020, Kurabels shall deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Platform at 1%.

In the event of any conflict between the terms of this clause and any other clause in these Terms of Sale, the provisions of this clause will prevail.

8. FLOW OF TRANSACTION

• You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as stated by you at the time of listing the product and/or service or at the time of order confirmation, to ensure that the products and/or services are delivered in a timely manner.

• Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Kurabels within 24 hours from the time of acceptance of order, failing which the transaction shall stand cancelled.

• Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to us on demand within the time frame as specified in the demand notice.

Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.

The consequence if the seller fails to give the courier to the logistic partner.

In case a seller fails to provide dispatch details or provides false or incomplete dispatch details, it may result in block suspension and/or termination of seller account.

• Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
• Buyer confirms the delivery of products and/or services in the transaction;
• Buyer does not take any action on payment facility to confirm delivery within the maximum time period prescribed for delivery at the time of placing order or 15 days whichever is later, despite confirmation of dispatch of products and/or services by a seller to the buyer;
• Buyer’s refund claim is rejected by Kurabels due to any breach of the terms of sale, policies, and any applicable law;

Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

• You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by Kurabels.

9. YOUR CONDUCT

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

• You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
• belongs to another person and over which you have no right;
• is grossly harmful, harassing, illegal, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• is false, inaccurate or misleading in any way;
• involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys;
• infringes upon or violates any third party’s rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity;
• engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
• interferes with another’s use and enjoyment of the Platform;
• refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of Terms of Sale;
• violates any law for the time being in force;
• contains software viruses or any other computer codes, 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.
• shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;
• shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.

• You shall not probe, scan or test the vulnerability of the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information of any other user of or visitor to Platform (including any account on the Platform that is not owned by you).

• You shall not make any negative or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of Kurabels or other sellers on the platform or otherwise tarnish or dilute any Kurabels or associated trademark or goodwill as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform, networks, or any systems or networks connected to the Platform.

• You shall at all times ensure full compliance with all applicable laws in India.

• Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any other business purposes.

• From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.

• You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services.

• Kurabels shall exercise its complete discretion for purposes of displaying/pop-ups/suggestions/etc. of any advertisement with respect to any product at any time and any page of the website.

• Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.

• We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

• Kurabels and/or its affiliates may from time to time in partnership/association with its partners and/or third-party sponsors, organise/enable promotional campaigns on the Platform for the benefits of the Users/Sellers. In the event a Seller opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products.

YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE PLATFORM AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM.

As a registered seller, you shall list item(s) for sale on the Platform after obtaining all necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. We reserve the right to delete such multiple listings of the same product listed by you in various categories and restrict the selling of products originating from certain countries.

For Food and Nutrition category, seller shall adhere to the minimum balance shelf-life norms.

10. CONTENTS POSTED ON PLATFORM

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Kurabels has no responsibility or liability over such third-party generated Content as we are merely an intermediary for the purposes of these terms. Except as expressly provided in this Terms of Sale, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without our prior written consent.

You may use the information on the products and services made available on the Platform for downloading provided you:

(1) do not remove any proprietary notice language in all copies of such Content;

(2)  use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;

(3) make no modifications to any Content; and

(4) do not make any additional representations or warranties relating to the Content.

You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with these Terms of Sale, and you are not entitled to any payment or other compensation for such use.

11. LIMITED LICENSE

Kurabels grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Kurabels” and/or “www.kurabels.com” or “Kurated Labels” name and/or our logo on seller’s invoice for transactions concluded on the Platform or on packing material used by sellers for delivery of products sold on the Platform.

12. OTHER STATUTORY COMPLIANCES BY SELLER

Seller shall sign an undertaking stating that they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply and sell the “Products” on the Platform under applicable laws and as amended from time to time. For all times during which the seller may advertise, distribute, market, supply or sell the Products on the Platform, the undertaking remains true and correct in all respects. Further, you shall immediately notify us, in writing, upon the lapse of the registration/license or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to acquired license/ registration.

Seller shall comply with the Legal Metrology Act, 2009 and Indian Labelling requirements by ensuring that the indicated weights and measurement indicated in the products and/or its components are commensurate with the mandatory and legal requirements of the same which make the product and/or components accurate, authentic and secure for consumption/utilisation by the customer along with related rules and regulations while listing products on our Platform. Seller shall be required to enter the mandatory attributes while listing products on the Platform (including but not limited to the country of origin of the product) as provided under the Legal Metrology Packaged Commodity Rules and the related amendments.

Seller shall comply with all laws and regulations applicable, including but not limited to Anti-Money Laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this Terms of Sale that will cause the other party to violate such regulations.   

Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.

For instance,

(1) In the event of sale of products related to food, wellness, health supplements or otherwise, the Seller shall comply with the laws related to Food Safety and Standards Act, 2006, Food safety and standards (licensing and registration of food business), Regulations, 2011 and all applicable legislations under Food Safety and Standards Regulations, in each case, as amended from time to time.

(2) In the event of sale of jewellery, the Seller shall provide a hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and we shall not be liable whatsoever for any non-compliance in this regard. Seller shall also ensure conducting of buyer KYC as far as possible, in accordance with the prevention of anti-money laundering laws and other applicable laws. Kurabels hereby disclaims all responsibility from conducting Buyer KYC.

You undertake sole and exclusive responsibility to ensure that the products you want to list on the Platform for sale are permissible for such a sale and are not prohibited or restricted per one or many conditions imposed by the extant laws of the land or other Indian Laws.

We do not assume any responsibility for the proceedings undertaken by an aggrieved customer/consumer against the seller in the event of a non-adherence. However, in the event of a complaint from a consumer/customer, the seller is obligated to answer queries on the non-adherence to the Legal Metrology Laws, failing which we can temporarily/indefinitely suspend/terminate/block/with-hold your account at our own discretion.

13. INVOICES AND PAYMENTS

A Seller expressly agrees that issuing correct and complete content of invoice is the sole and primary responsibility of a seller and Kurabels shall only generate an invoice on your behalf.  For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by us shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of sale, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.

Furthermore, the seller shall ensure that invoices state ‘Powered by Kurabels’(to decide) and failing to do so, a seller shall be liable to chargebacks (as applicable).

Kurabels merely as a facilitator provides an automated online electronic payment facility for receiving payment, or Cash on Delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card Payment Gateway (PG) network. Further, by providing payment facility, we neither acts as a trustee nor fiduciary with respect to transaction or transaction price nor we are providing any banking or financial service. However, use of the payment facility shall not render us liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.

It is hereby clarified that CoD option may not be available for selected products or categories, at Kurabel’s sole discretion.

Henceforth, you agree:

• that you have specifically authorized Kurabels or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through CoD to and from buyers in respect of transactions through payment facility.

• that all transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by you and buyers to facilitate the completion of transactions.

• that we do not guarantee the identity of any seller or buyer nor does it ensure that a buyer or a seller will complete a transaction.

• we shall not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Kurabels.

Kurabels shall make payments into the bank account provided by a seller during the seller registration process. Once we have made payments into such a bank account number, we shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever

You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage.  You agree to bear any and all applicable taxes, charges, fees, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).

In case of any chargebacks levied by the bank, we shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Kurabels shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard.

In the event, Kurabels has made any excess payment to the seller inadvertently, such excess payments shall be set-off from any future payments payable by Kurabels to the seller.

14. CONFIDENTIALITY

If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of Kurabels or its affiliates, employees, contractors, users, partners, or other third parties or otherwise and obtained in connection with performing your obligations under this Terms of Sale, you agree to:

• comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;

• keep and maintain all Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and

• process Personal Information solely to fulfil Your obligations under these terms and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorized disclosure of Personal Information to any third party.

If and to the extent that you provide yours or others’ Personal Information to us for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the applicable Data Protection Law, from providing such Personal Information to us or any processing by us under these terms of sale. We will only use information provided by you in accordance with these Terms of Sale and our Privacy Policy available at the Platform.

15. AUDITS

Kurabels shall have the right to inspect and audit seller’s premises/ place of business and records related to buyers/viewers on Platform either through itself or through any third-party testing agencies. Cost of such audit shall be solely borne by us unless the audit reflects discrepancy in seller’s accounts/ non-compliance with Indian laws and stated terms and policies on the Platform and in that case, the cost of audit shall be borne by the Seller. 

16. BREACH OF TERMS OF SALE AND OTHER RELATED POLICIES

Without limiting other remedies, we may limit your activity, immediately remove your information or warn other users of your actions, or temporarily/indefinitely suspend/terminate/block your account and/or refuse your access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:

• if you breach the Terms of Sale, privacy policy, payment policy or other policies
• if we are unable to verify or authenticate any information you provide;
• if it is believed that your actions may cause legal liability for you, other users, or us; or
• if you do not produce the legal requirement documents such as, the documents required for product sales in the Drugs and Cosmetics category, the BIS license documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by Kurabels Authorities.

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a Seller is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Sale or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

IN NO EVENT SHALL KURABELS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS OF SALE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

17. INDEMNITY

You shall indemnify and hold harmless Kurabels, its owner, licensee, affiliates, subsidiaries, or group companies (if applicable) and their respective officers, directors, agents, and employees from any claim, 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 Terms of Sale, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

18. TRADEMARK AND COPYRIGHT

The Website is controlled and operated by Kurabels and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Kurabel’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

Kurabels respects the intellectual property of others. In case you feel that your trademark or copyright has been infringed, you can write to us at [email protected]

19. ALTERATION OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you sell goods from our Platform, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these terms is deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

20. EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any because which is beyond our reasonable control. It shall not affect your statutory rights.

21. GOVERNING LAW AND JURISDICTION

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kolkata.

Unless otherwise specified, the Platform is available as a trading e-marketplace only for Sellers in India and makes no representation contrary to this to sellers at other locations/countries other than India.

22. CONTACT US

Please contact us for any questions or comments, including enquiries regarding this Platform through mail at [email protected] or raising an incident from your seller dashboard.

23. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Ms Sonam Kheria

Designation: Nodal Officer

Address : 21/1 Prannath Pandit Street, Kolkata – 700025

Email: [email protected]

Time: Mon – Sat 10am to 7 pm

Customer Support