TERMS AND CONDITIONS FOR SELLERS AND BUSINESSES
This document is an electronic record in terms of the Information Technology Act, 2000 and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the User Agreement, Registered User / and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website/Mobile Application by providing Registration Data (as defined hereinafter) while registering on the Website/Mobile Application using the computer systems of the Website/Mobile Application and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password"). This User Agreement shall be effective and binding upon your 'acceptance' as a new Registered User. 'Acceptance' shall mean your affirmative action in clicking on the 'check box and on the 'continue button' as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and the "Continue" button and do not seek to obtain access to or otherwise use the Website/Mobile Application.* You may not modify copy, distribute, transmit, display, perform, reproduce, publish, License, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website/Mobile Application.* As a condition of your use of the "Website/Mobile Application," you pledge that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website/Mobile Application in any manner which could damage, disable, overburden, impair, or interfere with any other party's use and enjoyment of the Website/Mobile Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website/Mobile Application. You agree and are at this moment put on notice that you are prohibited from posting or transmitting to or from this Website/Mobile Application any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under the law. You are solely responsible for the content of any comments you make.
Use of the Website/Mobile Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Website/Mobile Application. If you are a minor, i.e., under 18 years, you shall not register as a Website/Mobile Application member. Dreamslly or its affiliates reserves the right to terminate your membership and refuse to provide you with access to the Website/Mobile Application if it is brought to Dreamslly or its affiliates' notice or discovered that you are under the age of 18 years.
BUSINESS ENTITY REGISTRATION
.YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
Suppose you use the Website/Mobile Application. In that case, you are responsible for maintaining the confidentiality of your User ID and Password and restricting access to your computer, computer system, and computer network. You are responsible for all activities that occur under your User ID and Password. In addition, you agree to provide true, accurate, current, and complete information to the Website/Mobile Application. Also, the seller's respective information regarding the number of trading he had done and the amount he had earned will be visible on his profile so the buyer can trust the seller without any doubt. The seller should not have any obligation regarding it.
When You use the Website/Mobile Application, You agree and understand that You are communicating with Dreamslly or its affiliates through electronic records. You consent to receive communications via electronic records from Dreamslly or its affiliates periodically and as and when required. Dreamslly or its affiliates will communicate with You by email, which will be deemed adequate notice / electronic record service.
FEES AND SERVICES
Membership on the Website/Mobile Application is available to pay the prescribed fee structure and meet other conditions as described in the User Agreement. All fees are non-refundable. Dreamslly or its affiliates may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website/Mobile Application. In such an event, Dreamslly or its affiliates reserves the right to introduce fees for the new services offered or amend/raise fees for existing services, as the case may be. Non-payment: Dreamslly or its affiliates reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website/Mobile Application and refuse to provide you with access to the Website/Mobile Application in case of non-payment of fees by You to Dreamslly or its affiliates, Dreamslly or its affiliates also reserves the right to take legal action in case of non-payment of fees by You to Dreamslly or its affiliates.
Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR)
You are responsible for paying all fees associated with the use of the Website/Mobile Application, and you agree to bear any applicable taxes, charges, cesses, etc., levied thereon.
USE OF THE WEBSITE/MOBILE APPLICATION
You understand and agree that Dreamslly or its affiliates and the Website/Mobile Application merely provide services to its Registered Users. All items advertised/listed and the contents therein are advertised and listed are third-party user-generated contents. Dreamslly or its affiliates neither initiates the transmission nor selects the sender and receiver of the communication nor selects nor modifies the information contained in the news. Dreamslly or its affiliates has no control over the third-party user-generated content. You agree, undertake and confirm that the following binding principles shall strictly govern your use of the Website/Mobile Application: "Your Information" is defined as any information you provide on the Website/Mobile Application. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information. Your information (or any items listed) :
* shall not be false, inaccurate, or misleading;* shall not be fraudulent or involve the sale of counterfeit or stolen items;* shall not infringe any third party's intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy;* shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Dreamslly or its affiliates does not permit transactions in the following items, including but not limited to categories as stated in this document.* shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data, or personal information;* shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and Solely to enable Dreamslly or its affiliates to use the information you supply us with so that we are not violating any rights you might have in Your Information; you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, concerning Your Information. Dreamslly or its affiliates will only use Your Information under this Agreement. Suppose any transaction, attempted transaction, or information relating to any item, goods, or service which violates this User Agreement, or applicable law comes to your knowledge. In that case, you shall take all steps to inform Dreamslly or its affiliates of the same. You may contact Dreamslly or its affiliates from Contact Us. You shall comply with all applicable domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances, and Regulations (including, but not limited to Goods and Service Tax and any other applicable laws) regarding your use of the Website/Mobile Application. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law, including exchange control laws or regulations for the time being in force. From time to time, you shall be responsible for providing information relating to the items or services. 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 to mislead other Users in any manner. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process, or Fees owed to Dreamslly or its affiliates
.PLATFORM FOR COMMUNICATION
Dreamslly or its affiliates is not and cannot be a party to or control in any manner any interaction between two Users of the Website/Mobile Application or any other third party. Consequently, :* Dreamslly or its affiliates do not make any representation or warranty regarding the attributes (such as quality, worth, marketability, etc.) of the items or services on the Website/Mobile Application. Dreamslly or its affiliates accepts no liability for any errors or omissions, whether on behalf of itself or third parties.* Dreamslly or its affiliates do not make any representation or warranty regarding the attributes (such as legal title, creditworthiness, identity, etc.) of any information on the Website/Mobile Application. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website/Mobile Application and use your best judgment on that behalf.* Dreamslly or its affiliates are only providing a platform for communication. It is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the two parties. At no time shall any right, title, or interest over the items vest with Dreamslly or its affiliates, or shall Dreamslly or its affiliates have any obligations or liabilities in respect of such contract. Dreamslly or its affiliates are not responsible for the unsatisfactory or delayed performance of services or damages or delays due to items that are out of stock, back-ordered, or otherwise unavailable. At no time shall any right, title, or interest over the items vest with Dreamslly or its affiliates, nor shall Dreamslly or its affiliates have any obligations or liabilities in respect of such contract. Dreamslly or its affiliates is not responsible for the unsatisfactory or delayed performance of services or damages or delays.
Without limiting other remedies, Dreamslly or its affiliates may limit your activity, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website/Mobile Application in the event, but not limited to: * If you breach the User Agreement or the documents, agreements rules, policies, terms, and conditions these incorporate by reference;* If Dreamslly or its affiliates is unable to verify or authenticate any information you provide; or* If it is believed that your actions may cause legal liability for you, other Users or Dreamslly or its affiliates* Dreamslly or its affiliates may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Dreamsllyor its affiliates or use the Website/Mobile Application in any manner whatsoever until such time that Dreamslly or its affiliates reinstate such User. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Dreamslly or its affiliates reserves the right to recover any amounts due and owing by you to Dreamslly or its affiliates and to 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.
Dreamslly or its affiliate and its suppliers, affiliates, and service providers provide the Website/Mobile Application "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website/Mobile Application is at your risk.
LIMITATION OF LIABILITY
In no event shall Dreamslly or its affiliates or its suppliers, affiliates, and service providers be liable for any direct, indirect, incidental, special, incidental, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website/Mobile Application, its services or this Agreement (however arising, including negligence). Dreamslly its associates, affiliates and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website/Mobile Application or that the operation of the Website/Mobile Application or will be error-free and/or uninterrupted. Consequently, Dreamslly or its affiliates assumes no liability whatsoever for any monetary or other damage suffered by you on account of:* The delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website/Mobile Application.* Any interruption or errors in the operation of the Website/Mobile Application. You expressly understand and agree with Dreamslly or its affiliates. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Dreamslly or its affiliates has been advised of the possibility of such damages).* The content, accuracy, and reliability of the material provided by the other users or any other individual.
The information contained in this Website/Mobile Application including all images, illustrations, designs, photographs, video clips, writings, and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, "Contents") by the Website/Mobile Application or its subsidiaries and affiliates or are the property of their respective owners. The name "Furniturelly.com" and its logos are trademarks of the Website/Mobile Application.
REPRESENTATIONS & WARRANTIES OF DREAMSLLYOR ITS AFFILIATES
REPRESENTATIONS & WARRANTIES OF USER
You shall not upload from, post or transmit or distribute or otherwise publish through the Site any materials which: restrict any other user from using the Site and are unlawful, threatening, abusive, defamatory, vulgar, offensive, pornographic, or indecent and constitute or contain false or misleading indications of origin or statements of fact. You further represent and warrants Dreamslly or its affiliates that all the information provided by you about yourself is true and accurate. You shall be responsible for all actions taken by you or by any other individual through your ID to whom you have given the authorization to use.
COPYRIGHT AND TRADEMARKS
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site including but not limited to text, graphics, button icons, images, audio clips, digital downloads, data compilations, and software, trademarks, and logos appearing on the Site are the property of the Dreamslly, affiliates, and associates and are protected under applicable Indian and international laws. You agree not to use any trademark or logo or other proprietary Information of Dreamslly.
You agree that Dreamslly or its affiliates can and may communicate with you via phone calls, SMS, Emails, and/or any other method & Dreamslly or its affiliates will not be liable to you and/or any other authority for such an act. If your number is registered with any Do Not Call (DNC) and/or Do Not Disturb (DND) service, you hereby authorize Dreamslly or its affiliates to communicate with you via telephone calls, SMS, Emails and/or any other method and You will not, in any case, hold Dreamslly or its affiliates liable for any communication in this regard
You shall indemnify and hold harmless Dreamslly and (as applicable) Dreamslly, subsidiaries, affiliates, third parties and their respective officers, directors, agents, employees, suppliers, service partners, agents, and consultants 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 Agreement, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
STORING OF USERS AND CUSTOMERS DETAILS
By using this Website/Mobile Application, you hereby legally authorized Dreamslly or its affiliates under the applicable laws/acts, to store details of PAN card, Aadhar Card, Passport, Driving License, and any other documents/ information relating to KYC.
RELATIONSHIP, NOTICE, AND SEVERABILITY
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Dreamslly or its affiliates and you shall have no authority to bind Dreamslly or its affiliates in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by registered postal mail on behalf of Dreamslly or its affiliates to ____________Name and Address of Company____________________ (in the case of Dreamslly PVT. LTD or its affiliates) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of the User Agreement shall be deemed invalid, void, or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
If any dispute arises between you and Dreamslly or its affiliates during your use of the Website/Mobile Application or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and Seller Terms and Conditions or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Dreamslly or its affiliates. The place of arbitration shall be Jodhpur, Rajasthan, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language and each party shall pay their own costs.
The User Agreement Terms and Conditions or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India.
Unless otherwise specified herein, the Agreement constitutes the entire Agreement between the User and the Dreamslly and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and the Website/Mobile Application. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.