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Terms & Conditions

OVERVIEW

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

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 the Platform.

These Vendor Terms and Conditions along with the Terms of Service, Privacy Policy and Disclaimer (“Terms”) provided on the Platform (as defined below) govern your use of the websites, content, software and services offered on the Platform, i.e. the micro e-commerce platform hosted on the domain ecomdio.com and/or provided through a mobile application or any other medium.

These Terms govern your use of this Platform; by using this Platform, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Platform.

The term ecomdio.com or “the Company” ‘us’ or ‘we’ refers to the owner of the Platform, i.e. ecomdio.com whose registered office is Nagpur, India. The term ‘you’ or ‘Vendor’ refers to the merchants, vendors, sellers, service providers enrolled/registered on this Platform in the capacity of a merchant/vendor through this Platform. The use of this Platform is subject to the following terms of use:

Please review these Terms carefully before using the services because they affect your rights. By using any of the services, you accept these Terms and agree to be legally bound by them.

1. ALTERATIONS TO THE TERMS OF USE:

We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the “Vendor Terms and Conditions” hypertext link located at the bottom of our web page on the Platform. You are responsible for checking these Terms for changes periodically. If you continue to use the Platform after we post changes to these Terms, you are signifying your acceptance of the updated Terms.

2. RIGHT TO CHANGE:

We reserve the right to discontinue or change any service or feature on the Platform at any time and without notice.

3. YOUR RESPONSIBILITIES/LIABILITIES:

You may use the Platform for lawful purposes only. You may not submit or transmit through the Platform any material, or otherwise engage in any conduct that:

  • Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights.
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts.
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  • Impersonates any person, business or entity, including the Company and its employees and agents.
  • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network.
  • Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,
  • Violates these Terms of Use, guidelines or any policy posted on Platform, or interferes with the use of the Platform by others.
  • You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of Platform. You may not attempt to gain unauthorized access to any services, user/Vendor accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.

4. SPAM:

You may not use the Platform or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Platform to violate the terms of this section. We may terminate your access or use of the Platform immediately and take any other legal action if you, or anyone using your access to the Platform violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

5. PROPRIETARY RIGHTS

We post texts, messages, information, software, images, audio, video, etc. (“Content”) on the Platform and own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Platform are our trademarks.

This Platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, and its reproduction is prohibited.

The Vendor grants the Company an irrevocable, perpetual, non-exclusive, transferable, worldwide, royalty-free license on each of the materials submitted including, but not limited to, Submissions, all copyrights, trademarks, patents, and any other intellectual property in the materials submitted hereunder. The Company, therefore, reserve the right to use, store, copy, display, advertise, transmit, transfer, distribute, reproduce, create derivative works of, incorporate into other works, publicly perform and/or publish the submitted materials in any media for any purpose whatsoever.

6. LICENSE TO USE

Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Platform and material on the Platform. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Platform for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not:

  • republish material from this Platform (including republication on another website) unless the material is owned by you;
  • sell, rent or sub-license material from the Platform unless the material is owned by you;
  • show any material from the Platform in public unless the material is owned by you;
  • reproduce, duplicate, copy or otherwise exploit material on this Platform for a commercial purpose;
  • re-distribute material from this Platform except for content specifically and expressly made available for redistribution;
  • Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
  • Any such use of the Platform and/or its material, otherwise which shall be opposed by us.

On request of registration information from you to set up a Vendor account, you must provide us with accurate and complete information and must update the information when it changes.

You are responsible for maintaining the confidentiality of your Vendor account login names and passwords, and must not permit the use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your Vendor account, including unauthorized use of your Vendor account. If you have reason to believe that someone is using your Vendor account without your permission, you should contact us immediately. We are not responsible for any loss userdamage resulting from unauthorized use.

Sweepstakes, contests, and promotions on the Platform may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.

We store and process your information including any sensitive personal, health and financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available at https://ecomdio.com/privacy-policy. If you object to your information being transferred or used in this way please do not use the Platform.

7. VENDOR TERMS OF USE:

The Platform provides an exclusive online store dedicated to the Vendor for operation by the Vendor to sell the Vendor’s goods and/or services, i.e. Vendor Store, as agreed to under these Terms.

The Vendor shall have full control of such Vendor Store. Further, the Vendor will be liable to dispatch and deliver an item ordered within the promised timeline for an order receipt by the Vendor. Such order receipt shall be notified to the Vendor via notifications through the Platform.

Any shipping charges, insurance, and/or any overhead costs directly related to the Vendor’s goods and/or services shall be borne by the Vendor.

All payments are subject to applicable taxes to be borne by each party individually.

The Vendor shall receive payments for online transactions directly to their chosen payment provider

The Vendor shall comply with all applicable laws and regulations.

The Vendor represents and warrants that the Vendor has the right to use the brand/trade name under which the Vendor is identified and registered.

The Vendor shall comply with all applicable laws and regulations.

The Vendor represents that the offers sold and/or displayed are as per industry standard and do not violate or infringe any intellectual property rights and/or third-party rights.

The Vendor shall take all reasonable steps to maintain the brand reputation and goodwill of the Company and Platform.

The Vendor will be solely responsible for the use and consumption of the Vendor’s goods and/or services and any and all content uploaded and/or used and/or on the Platform in relation to the Vendor’s goods and/or services. The Vendor allows the Company to use/exploit the content uploaded by the Vendor on the Platform until the termination and/or expiration of these Terms.

The Vendor’s performance under these Terms will not violate or conflict with any other agreement to which the Vendor is a party to.

The Vendor shall not use the Platform services, directly or indirectly, for any fraud or to interfere with the use of the Platform services.

The Vendor shall provide all documents and/or detailed information as required by the Company from time to time.

The Vendor shall maintain confidentiality of any and all information shared by the Company, at all times.

The Vendor shall be held responsible for any legal action that due to any default arising out of the use and/or consumption of the Vendor’s goods and/or services and the breach of the Terms and the Vendor shall indemnify the Company from all actions that may arise as a result of such breach or any default or act of fraud.

8. SUBSCRIPTION:

The Company shall charge fees for subscribing to complete access to the services made available by the Company. This shall be valid for a period as per the subscription plan chosen through the Platform by the subscriber. The subscription shall be further subject to automatic renewal and deduction of fees for such term as per the initial subscription plan chosen through the Platform by the subscriber. The subscriber may choose to cancel the subscription at any time subject to the cancellation and refund policy below.

A subscription can only be deemed to have completed once the following condition has been met:

  • The Company has been paid in full for their services and can confirm this by providing evidence of cleared funds from the concerned subscriber in the Company bank account.

9. CANCELLATION AND DELETION:

No refunds shall be granted for any untimely cancellations due to any reason whatsoever.

In order to stop payments towards the Subscription/service provided by the Platform, you will have to cease access/use of the Platform.

Dormant vendor accounts not recharged for 2 (two) weeks after the expiry of the last re-charge will be deleted automatically including without limitation the Vendor Store, any and all content uploaded by the vendor of such dormant account. The Company shall not be held liable for deletion of such dormant accounts.

We reserve the right to re-assign the username of a vendor account and/or Vendor Store at our discretion, in event if such username/vendor account/ Vendor Store does not comply with our standards/policies.

We shall not be liable in any manner for any misuse or usage of any information, in case of any electronic device returned with such information.

10. TRANSACTION:

Any transaction both affected and completed through the Platformor otherwise will apply to such Terms.

Unless otherwise stated, all payments are quoted in Indian Rupees. You are responsible for paying all fees as well as all applicable taxes for services of the Platform.

Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.

We reserve the right to cancel any subscription at Company’s sole discretion. However, we will ensure that any communication of cancellation of a subscription, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made within a reasonable time.

11. TRANSACTION PRICE:

The price of the goods and/or services availed for purchase by the buyer shall be decided upon by the Vendor and the Vendor may levy additional taxes, shipping charges, insurance, overheads, etc. at their own discretion. The Company shall not be liable for any Transaction for any reason whatsoever.

12. LOGISTICS PARTNER:

The Vendor appointed logistics partner shall provide various services such as collection and delivery of items, collection of the transaction price from the buyer in case of cash on delivery or such other services that the Vendor may require. In such services being provided by the logistics partner, it is to be understood that the Company shall be not be held liable for any act of default by the respective logistics partner.

13. WEBSITE SECURITY RULES:

All users including without limitation the Vendors are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

This Platform is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use, access, or register as a user on this Platform.

You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Platform. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Platform.

14. PUBLIC ACCESSIBLE CONTENT:

Certain areas of the Platform may allow you to post content that can be accessed and viewed by others, including the public in general. You may only post content to public areas on the Platform that you created or that you have permission to post. You may not post content that violates the Terms. We do not claim ownership of any content that you may post. However, by submitting content to public areas of the Platform, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium.

15. MONITOR:

You agree that we are not liable for the content that is provided by others. We have no duty to pre-screen content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.

16. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.

17. HYPERLINKS:

Platform may include links to third-party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Platform are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Platform from another Platform or document without the Company’s prior written consent.

18. LIMITATION OF LIABILITY:

Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Platform. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Platform is limited to the amount of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Platform, services provided by the logistics partner, services provided through the payment gateway on the Platform or any other services of the Platform arising from your use of, inability to use, or reliance upon Platform. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Platform or that the operation of the Platform or the Logistics partner will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Platform. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Platform.

19. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney’s fees, and penalties imposed, if any, that arise from your use or misuse of the Platform, breach of the Terms including rules and policies incorporated herein under any applicable law.

20. INTERNATIONAL USE:

We make no representation that the Content on the Platform is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Platform from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.

21. BREACHES OF THESE TERMS OF USE:

Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your Internet Protocol address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing court proceedings against you.

Further, it is clarified that unauthorised use of this Platform may give rise to a claim for damages and/or be a criminal offence.

22. SEVERABILITY:

This contract and any supplemental terms, policies, rules and guidelines posted on Platform constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23. COMMUNICATION:

Vendor is agreed to receive all the communication sent by company to update regarding their store, store build status, order status and any other communication through SMS or Email.

24. TERMINATION:

Your right to use the Platform automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Platform. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Platform, for any reason, with or without notice.

25. GOVERNING LAW AND JURISDICTION:

These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.

Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

26. MISCELLANEOUS:

Both the Company and the Vendor shall not be liable by reason of failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by acts of God, war or any other cause beyond its control and without our fault or negligence provided.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Platform, such as a particular “Legal Notice,” or software license or material on particular web pages, these Terms constitute the entire agreement between you and us with respect to the use of the Platform.

No changes to these Terms shall be made except by a revised posting on this page. If you do not agree to these Terms, you should immediately stop using the Platform. If you want to delete your account on the Platform, please use contact instructions posted on the Platform at which you obtained the account.

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