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MARKETERCASA- TERMS OF SALE FOR SERVICE PROVIDER

BACKGROUND

By accessing or using our platform, you agree to be bound by these Terms of Sale for Service Provider as applicable and decided by MARKETERSCASA, our terms of use, privacy policy and such other agreements, as may be adopted by us from time to time. Please read these agreements, including the terms of use carefully before entering a transaction on the platform.

These terms of sale for Service Provider is an electronic record issued under the Information Technology Act, 2000 and the rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This agreement contains the terms and conditions that govern your access to, and use of the platform, Services Provider panel and/or any ancillary services through an account maintained by you on the platform and is an agreement between you or the business you represent and us. These Terms of Sale for Service Provider is a legally binding agreement between us and you.

  1. DEFINITIONS
    1. Unless defined below, capitalized terms used, but not defined herein shall have the meaning ascribed to such term in the Terms of Use.

      Affiliate” means with respect to any party, any Person directly or indirectly controlling or controlled by, or under the direct or indirect common control with such party.

      Agreements” collectively means these Terms of Sale for Service Provider, the Terms of Use, the Privacy Policy, the Returns, Refunds, Replacement, and Cancellation Policy, Payments Policy and such other policies as may be adopted by MARKETERCASA from time to time.

      Applicable Law(s)” means any laws, bye-laws, statutes, rules, regulations, subordinate legislation, orders, ordinances, notices, notifications, directions, restrictions, common law, judgments, decrees, circulars, decisions, or other requirements or directives of any Governmental Authority or any individual, partnership, corporation, company, unincorporated organization, association, trust, or other entity acting under the authority of any Governmental Authority, as well as any protocols, policies, codes, guidelines, standards, resolutions and guidance notes, and any interpretation of any of the foregoing by a Governmental Authority that has the force of law and as may be applicable to each Party including, but not limited to the following statutes (along with the rules and regulations issued thereunder):

      1. Shops and Establishments Act, 1953
      2. Competition Act, 2002;
      3. Consumer Protection Act, 2019;
      4. Indian Contract Act, 1872;
      5. Central Goods and Services Act, 2017;
      6. Child Labour (Prohibition and Regulation) Act, 1986;
      7. Factories Act, 1948;
      8. Legal Metrology Act, 2009; and
      9. Sale of Goods Act, 1930.

      Customer” shall mean a User who places an Order (defined below) for Receipt of the Services (defined below) on the Platform.

      Control”, “Controlling” or “Controlled” as to any Person means the acquisition or control of more than 50% (fifty per cent) of the voting rights, or of the issued share capital of such Person or the right to appoint and/or remove all or the majority of the members of the board of directors or other governing body of such Person, the power to direct, or cause the direction of the management and policies of such Person, whether obtained directly or indirectly, and whether obtained by ownership of share capital, the possession of voting rights, through contract or otherwise.

      Governmental Authority” means any national, state, provincial, local or similar government, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization have the force of law or any court, tribunal, arbitral or judicial body.

      GST” means the goods and service tax as levied under the Central Goods and Services Tax Act and Rules (CGST), Integrated Goods and Services Tax Act and Rules (IGST), State Goods and Services Tax Acts and Rules (SGST) levied by the States, Union Territory Goods and Services Tax Act and Rules (UTGST) levied by the Union Territories, and all allied cesses, duties and taxes.

      Intellectual Property Rights” means any right that is, or may be granted regarding patents, copyrights, designs, labels, know how, trade names, trademarks, service marks, logos and other distinctive brand features or business identifiers, technical information and equivalents of the foregoing, and all other intellectual property rights of whatsoever nature, whether registered or unregistered, including rights in any applications or registrations for any of the foregoing and their respective renewals, continuations and extensions in any state, country or jurisdiction.

      Internal Approval Process” means MARKETERCASA’s internal approval process for onboarding Service Provider on the Platform.

      Materials” means Your trademarks, content, Service information, data, materials, graphics, intellectual properties and such other items provided, or made available by You or Your affiliates, from time to time to Us or our Affiliates, or uploaded on Platform.

      Order” means a transaction carried out by a Customer on the Platform, upon the successful completion of which, information relating to such purchase shall be relayed to the Services Provider by means as determined by MARKETERCASA from time to time.

      Payments Policy” shall mean Our policy towards the permissible methods for payments for the Orders placed by the Customers on the Platform, and other related payments involving the Platform.

      Permits” means any and all authorizations, approvals, clearances, licenses, consents, permits, sanctions, orders, registrations, exemptions, filings, reports, rulings, certifications, waivers or variances as may be required, or is required to be obtained or undertaken, as the case may be, by You under Applicable Laws in connection with these Terms of Sale for Service Provider, or necessary for the performance of Your obligations set out herein.

      Person” means any natural person, joint venture, company, corporation, partnership (whether limited or unlimited), Hindu undivided family, trust or other enterprise (whether incorporated or not), union, association, Government (Central or State or otherwise), or any agency, department or political sub division thereof and shall include their respective successors, and in the case of an individual, shall include his/her legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or trustees for the time being in force.

      Platform” means the Website, http://www.marketerscasa.com/, or any mobile applications where the Services are made available for sale, including any kiosks set up by MARKETERSCASA at various sampling centres or other locations, to provide access to the Website/mobile applications.

      Fees/ Charges” means the Fees of the Services that are listed for sale on the Platform which shall include the price of the Services and shall be inclusive of GST and any other cost which the Services Provider may incur, however the price shall not include any other services provided by MARKETERSCASA as communicated by us from time to time unless otherwise communicated by us or specifically agreed between MARKETERSCASA and Services Provider prior to a quotation being finalized, and which shall be payable in such mode and manner as acceptable to Us.

      MARKETERCASA”, “We”, “Our” or “Us” means SARCASATIC LLP, a Body Corporate incorporated under the Limited Liability Partnership Act, 2008 with the registered office located at 13, Chintan Apartment, Ravi Shankar Sankul Society Bhatar Char Rasta, Surat- 395007, Gujrat, India, or any of its subsidiaries.

      Refunds and Cancellation Policy” shall mean Our policy towards returns, refunds, replacement and cancellation procedure for the Orders already placed by the Customers on the Platform.

      Service Provider”, “You” or “Your” means the Services Provider who has agreed to list Services and make the Services available for sale on the Platform and sell and supply the Services, as the case may be and agrees to be bound by these Terms of Sale for Service Provider.

      Service Provider Panel” means a uniform resource locator link on the Platform, which is owned by Us, or any Person acting under Our instructions, through which You will list, and provide information in relation to Your Services, and conduct and manage the sale of such Services through the Platform.

      Terms of Sale for Service Provider” shall mean these terms of sale between MARKETERSCASA and the Services Provider, as may be amended from time to time without prior notice to You.

      Terms of Use” shall mean the terms of use governing Your use of the Platform.

      Website” shall mean the unique resource location of the online marketplace that MARKETERSCASA proposes to operate, and the domain name shall be intimated to You at a later date and such intimation shall be treated as an acknowledgement from You to abide by the Agreements and applicable policies for use, listing and receipt and provision of the Services.

      User” shall mean a user who accesses the Platform from time to time.

  2. SERVICE PROVIDER ON-BOARDING POLICY AND KNOW YOUR CUSTOMER (“KYC”) POLICY
    1. In order to list Your Services on the Platform and to complete Your on-boarding process, You will be required to provide self-certified digital copies of the following documents for facilitating the completion of the KYC process and setting up of Your Services Provider account:

      Document

      Sole Proprietorship

      Partnership Firm

      Private Limited Company

      Limited Company

      #1

      Not applicable

      Not applicable

      Certificate of incorporation

      Certificate of incorporation

      #2

      GST registration certificate

      GST registration certificate

      GST registration certificate

      GST registration certificate

      #3

      Cancelled cheque

      Cancelled cheque

      Cancelled cheque

      Cancelled cheque

      #4

      PAN card

      PAN card

      PAN card

      PAN card

      In event You are not an entity registered in India, then You may provide documents equivalent to the above-mentioned documents under Applicable laws, as decided by Us in our sole discretion.

      In event You are not registered under GST Act You may provide the same in separate declaration along with other documents. The declaration has been attached. (Annexure-II)

      In addition to the above, You agree to provide us with any additional documents, as may be required by Us from time to time, including any documents pertaining to the intellectual property rights in relation to Services proposed to be listed on the Platform.

    2. Further, each Services Provider shall provide and submit all such documents and details on the Platform for registration, as may be required by Us from time to time.
    3. It is specifically clarified that the on boarding of a Services Provider is conditional upon the successful completion of the KYC Procedure and verification of the Services Provider’s identity, and bank account details by Us. Failure by the Service Provider to complete the KYC procedure may result in subsequent remittances to such Services Provider being frozen, until the completion of the KYC procedure. The documents submitted by You should at all times correspond to the details provided by You on the Services Provider Panel.
    4. Upon the successful submission of the documents listed above, MARKETERSCASA shall verify the documents provided by a Services Provider, and if satisfied with the information and documents provided, MARKETERSCASA shall then subject the Services Provider to Internal Approval Process pursuant to which it may provide such Services Provider with access to the Services Provider Panel and Platform.
    5. To protect Users against fraud, each Services Provider is prohibited from having more than 1 (one) account on the Platform.
  3. ACCESS TO THE SERVICES PROVIDER PANEL
    1. Upon being given access to the Services Provider Panel, You can proceed to list Your Services either by sharing the service details with MARKETERSCASA or uploading it directly using the panel as decided by MARKETERSCASA from time to time. MARKETERSCASA reserves the right to deny or delete Your account if it finds that incomplete or inaccurate or false information or documentation has been provided to MARKETERSCASA. You authorize Us to verify the information updated by You from time to time.
    2. Subject to the provisions of these Terms of Sale for Service Provider and relying upon the representations and warranties made by You, We shall grant You a revocable non-transferable and non-exclusive right to access the Services Provider Panel, for enabling the sale of Your Services on the Platform. You will be provided with a unique login identity and password to access the Services Provider Panel. You shall take adequate measures to ensure that only authorized personnel access the Your account.
  4. LISTING OF SERVICES
    1. Upon being granted access to the Services Provider Panel, You shall upload the list of Services Provided by You for sale on the Platform, along with the Price for each of such Services, in the manner directed by Us. You agree to update, on a real-time basis, the Order status and Price listed for sale on the Services Provider Panel. In case of non-availability of the panel you can share the details of your services with our representatives as decided by MARKETERSCASA from time to time
    2. Notwithstanding anything to the contrary contained herein, We will at all times have the right at Our sole discretion to:
      1. refuse to list any Services on the Platform; or
      2. remove any Service from the Services Provider Panel or the Platform immediately, including pursuant to the failure of the Services Provider to complete the Order of a single Service within 60 (sixty) days of such Service being listed.
    3. You agree and acknowledge that once the Service Master has been approved and has been published on the Platform, You will be bound to Provide the Service indicated on the Platform and to adhere to the terms and timelines for delivery of such Service.
    4. Listings may only include text descriptions, graphics, and pictures that to the best extent possible, accurately describe the Service Offered. You agree and acknowledge that there are not restrictions or prohibitions in the usage of the pictures reflected in the Service Master, and that any persons/models appearing in such pictures have no objection for their usage on the Platform. The listing description of the Service must not be misleading and must describe the actual condition of the Product. If the Service description does not match the actual, You agree to unconditionally accept the cancellation of the Service in accordance with the Agreements and refund to Us or the Customer any and all monies for the Particular Service under progress. All Services must be listed in an appropriate category on the Platform. Services which are not listed in the appropriate category may be removed by Us at our sole discretion and You would be required to relist them in the appropriate category. You agree not to list a single Service in multiple places across various categories on the Platform. MARKETERSCASA reserves the right to review the Service description and if required, We may at Our sole discretion, alter or delete any of Your Service listings. It is specifically clarified that Your failure to comply with the provisions of this Clause or any of the Agreements may result in the temporary or permanent suspension of Your profile and account on the Platform, at Our sole discretion.
    5. Different Service Provider may use the same images, graphics, or description texts in relation to the Services if such Service Provider are the authorised Service Provider of the said Product. The said usage shall not infringe upon the Intellectual Property Rights of Service Provider. You agree and undertake that you have no objections to the usage of the images, graphics, or description texts of your Services by the Customers for the purpose of subcontracting of Services.
    6. The Platform’s listing page can only be used to describe, promote, and facilitate the sale of the listed Services, and should not in any manner promote a Services Provider’s external website or other businesses. Listings that promote gaming, gambling, lotteries, giveaways, draws, coupons to be utilized elsewhere or prizes that entice Customers or otherwise, are not permitted on the Platform as these promotions are highly regulated and may be unlawful. MARKETERSCASA may run promotions on the Platform and grant authorization to its associates or partners or any other third-party companies to run promotions that comply with Applicable Laws.
    7. You will ensure that Your Services, items in connection to the services listings, and Your offer and subsequent sale of any of the said services through Us on the Platform comply with all Applicable Laws and do not contain any sexually suggestive or explicit, immoral, defamatory or obscene materials or any unlawful materials or Prohibited Products and services as listed in Annexure I or any uniform resource locator marks for use.
  5. SERVICES PROVIDER PROTECTION TERMS:

    Service Provider must follow the Agreement and protect themselves against any claims which may arise from the Customers. Some of the key protection measures which may be adopted by the Service Provider are set out below:

    1. Accurate Service descriptions and images: The Service Provider are encouraged to exercise judgment and discretion while setting out Service descriptions and images since this eliminates misunderstandings over what the Customer is actually expecting to receive. You are solely responsible for providing information relating to the Services offered to be Supplied by You on the Platform and updating the description of the Service in the event where there has been a change to the version of the Service being sold. You undertake that all such information, always shall be accurate and complete in all respects. The listing description of a Service must not be misleading in any manner whatsoever and must describe the actual condition of the Product. If the Service description does not match the actual condition of the Product, You agree to refund any amounts that You may have received from the Buyer. Service Provider will be responsible for claims if the service details shared by the Services Provider are incorrect or inadequate, regardless of Services Provider comments.
    2. We find that some of the claims filed against otherwise good-performing Service Provider have to do with Service Provider failing to respond to User’s e-mails within a reasonable timeframe. You agree that You will respond to all User communication within 72 hours from the date of receiving such communication.
    3. Communication: You agree that all communications between You and MARKETERSCASA shall take place over email / registered post or through the Services Provider Panel.
    4. Issues faced by Buyer: In case the Customer has any query or issue with the Order, the Services Provider shall resolve the same within 48 hours of such issue / query being raised by the Buyer.
    5. Promptly cancel any orders you think cannot be completed, MARKETERSCASA shall e-mail the Customer to let them know of any events that have occurred that may have caused any delay or otherwise for a Customers not having received the Service and the reasons for the same and further direct the Services Provider to cancel the Order if You haven’t already done so.
    6. Whistle blower policy: The Service Provider shall have the option of flagging any misleading, misguiding, fraudulent, false, unauthorized, or illegal behaviour of the Customer or Our employees and seek protection under Our whistle blower policy. The complaining Services Provider or any other person, as the case may be (“Complainant”) shall be protected from victimisation at the hands of the Customer or Our employees. We will ensure complete confidentiality for the Complainant and take required disciplinary action against the concerned Customers or employees. The Complainant can report such instances by email on: support@marketerescasa.com and by Telephone Number: +91 8456889656.
  6. PLACEMENT OF ORDERS AND SUPPLY OF SERVICES FOR A SERVICES PROVIDER
    1. Upon a Customer placing an Order on the Platform, the Customer may be required to pay a percentage of the Fees of the Services as advance (which percentage shall be notified on the Platform from time to time), and the Order shall go live upon the realisation of such payment or at a time as deemed fit by MARKETERSCASA. Thereafter, the Service Provider shall be intimated of the Order placed by the Customer through the Services Provider Panel or through any other means as decided by MARKETERSCASA from time to time, and the Service Provider shall be obligated to Provide the Service to MARKETERSCASA in accordance with such Order. Each Order relayed to the Services Provider shall be deemed to be a purchase order placed by MARKETERSCASA on the Services Provider as per the agreed Terms of this Agreement.
    2. The Services Provider undertakes to ensure that the Services meet all expected industry and legal standards, and the sale of such Service is in compliance with all Applicable Laws. The Services Provider shall ensure that all its Services sold on the Platform meets all the prescribed quality norms as have been laid down in this agreement which norms may be revised by MARKETERSCASA from time to time, at its sole discretion, and as may be prescribed under Applicable Laws.
  7. GENERAL TERMS OF SALE FOR THE SERVICE PROVIDER
    1. You shall within a period of 48(Forty Eight) hours from the time of receipt of the Order, keep MARKETERSCASA informed of the steps being taken by You to process & dispatch the Product(s) listed on the Order, and intimate MARKETERSCASA if You are unable to fulfil the Order. In the event that the Order placed on or the above the 48(Forty Eight ) hour period extends into a day that is declared as a national holiday, state holiday or when the scheduled commercial banks in India are closed, then You shall within a period of 48(Forty Eight) hours after such holiday, update MARKETERSCASA of the steps being taken in relation to an Order. Further, You agree to adhere to the timelines for the delivery of the Services that MARKETERSCASA will communicate to You from time to time, and more fully described in the Agreement.
    2. You shall be solely responsible and liable for any loss suffered or incurred by MARKETERSCASA due to any delay or omission in delivering the Services pursuant to the receipt of an Order in accordance with these Terms of Sale for Service Provider and the Agreement and shall defend, indemnify and hold harmless MARKETERSCASA, its partners, stakeholders, officers, employees, agents and representatives from all liabilities, losses, damages and costs arising from such delay or omission. You agree and understand that all such delays and omissions shall adversely affect Your ratings on the MARKETERSCASA.
    3. It is not permitted for a Servicer Provider to fail to deliver a Agreed Service upon receiving a successful Order. If You, as a Services Provider violate this Clause, We will have the right to take appropriate action against You including the issuance of a formal warning to You or temporary/indefinite suspension of Your account on the Platform, or any penal amount as determined by Us at Our sole discretion. If Your listing is cancelled or account has been suspended, We will notify You by email, and/or phone, or other modes of communication about the reasons for cancellation of listing of Your Services or suspension of Your account, as the case may be. If You have not been notified about the Service listing cancellation or suspension of Your account, You may contact Us for information. Reinstatement of Your Service listings or account shall be dependent on the nature of violation committed by You and solely at the discretion of MARKETERSCASA. MARKETERSCASA’s decision shall be final in this regard.
    4. The Services Provider hereby agrees that the Services Provider shall not offer, market or interact with the Customer on the Platform. Further, We shall have the recourse of termination or temporary/indefinite suspension of such Services Provider’s account on the Platform in case the Services Provider transacts with the Customer directly.
    5. We may use mechanisms that rate or allow users/Customers/Us to rate and write feedback and reviews about Your Services and/or Your performance as a Services Provider on the Platform or when service is provided through our platform. We reserve the right to make these ratings and feedback publicly available. As a Services Provider, You acknowledge that such reviews and feedback may not at all times be positive, and may be adverse to Your business, economic, and other interests including Your reputation. You hereby relinquish any right You may have to take legal and/or any other action against Persons who have provided such reviews/ratings on the Platform, or against Us for any loss of business, reputation or any other loss arising out of such feedback or ratings provided by Customers and other Users.
    6. Notwithstanding anything to the contrary, the Services Provider hereby agrees and acknowledges that in case of any breach of the Agreement by the Services Provider, MARKETERSCASA shall have the right to levy monetary penalties for such amounts as specified in the this agreement which is shared with you. The Services Provider agrees that MARKETERSCASA has the right to adjust such penalties against the payments due to the Services Provider from MARKETERSCASA under this Agreement.
  8. PAYMENT FACILITY FOR THE SERVICE PROVIDER
    1. Subject to the following, the payment terms shall be as per the terms agreed between You and Us and as described in this agreement and the Payments Policy or as and when described in the registration section on the Platform which may be accessed on the Services Provider Panel .
    2. You, as a Services Provider, agree to appoint us as an agent for the purpose of collection of consideration from the Customers in relation to the Provision of the Services. We agree to use a nodal account as per Applicable Law for receiving such consideration from the Customer and remitting the same to Your registered bank account after deducting the applicable Fee, in accordance with Applicable Law.
    3. Once the Transaction is completed as stated above, the remittance to You shall be made in accordance with Applicable Laws. Remittances to You shall be made through online bank transfer to Your registered bank account in accordance with the transaction timelines and the payment cycles prescribed by Us.
    4. Wherever applicable, MARKETERSCASA may delay the issuance of a notification confirming the Completion of Provision of service in an Order, or remit the Fees paid by a Customer thereof to You to ensure safety and eliminate the possibility of fraudulent transaction being undertaken on the Platform, if MARKETERSCASA is suspicious of certain activity on the Platform by the Service Provider or the Customers, or if MARKETERSCASA has identified a Services Provider or Customer conducting high volume transactions. In addition, MARKETERSCASA may not issue a notification to You confirming the completion of the Provision of the Services in an Order, or may remit the price paid by a Customer thereof, if MARKETERSCASA is required to intimate law enforcement officials (instead of refunding the monies paid by a Customer towards an Order) at the request of law enforcement officials or in the event the Services Provider or Customer is engaged in any form of illegal activity.
    5. All statutory levies and taxes as per Applicable Law will be accounted for by each party wherever applicable in terms of Applicable Law.
  9. INVOICING
    1. Simultaneous with the completion of Provision of Service in accordance with these Terms for Service Provider, the Services Provider shall raise an invoice on MARKETERSCASA unless directed otherwise by us and in accordance with these Terms and the order value amount excluding cost of any other service provided by MARKETERSCASA.
    2. Each invoice shall be in a template provided in the Services Provider Panel, and shall include:
      1. Your name and address;
      2. Billing address;
      3. State code;
      4. Mode of payment;
      5. The Order reference number;
      6. The total invoice value set out in the relevant Order;
      7. Taxpayer Identification Number (TIN);
      8. GST Registration Number of the Services Provider;
      9. Applicable GST rate and amount; and
      10. HSN Code.
    3. You agree that the above mentioned information provided in the invoice shall be true to the best of your knowledge and belief and You shall be liable for any inaccuracies in the invoice (including any erroneous details such as HSN Code, etc.).
    4. MARKETERSCASA collects the Service Charges which is the Service fee, paid by a Customer for any Order. MARKETERSCASA may charge a commission a percentage of the Service Fees, which shall be communicated to You in writing from time to time, and any other membership fee, listing fee, advertising fee, payment gateway charges and service fees for other value added services, informed from time to time (together referred to as “Fees”). The specific payment terms and Fees payable shall be specified and any change in the payment terms and Fees will be communicated to You for Your acceptance.
    5. MARKETERSCASA may offer several promotions, and marketing programmes for a fee in the event that You want more visibility for the Services.
    6. You authorize and permit Us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to Us in connection with the Order on the Platform to the Financial Partner or other banks, auditors, processing agencies, or any third party contracted by Us in connection with the Services on the Platform. The payment shall be directly received by MARKETERSCASA in its nodal account and shall be remitted further to You, subject to the deduction of Fees in accordance with the Agreements.
    7. It is hereby clarified that all other costs, charges, fees and expenses for or arising out of or in connection with the supply of Services must be paid by You until the Completion to Supply of Services.
    8. We may withhold a portion of the proceeds payable to You as a separate reserve (“Reserve”). The Reserve will be an amount as determined by Us on the basis of the quantum of the actual claim and Your account history in relation to the same. The Reserve will be used only for the purpose of settling future claims made by Customers in the event of failure by You to Provide Service in accordance with the Agreement, keeping in mind the period for refunds and chargebacks. In the event that there are no claims We will release the Reserve amount in the next payment cycle. This may differ from Service to Service and from each Services Provider with the other and will be at Our sole discretion. In such an event, We will notify You prior to the transaction.
    9. In case of any dispute in the invoices, MARKETERSCASA reserves the right to withhold any monies which are the subject matter of such dispute, from payments to be made under the invoice. MARKETERSCASA shall pay such sums to You, when the dispute as to which payment was held, is amicably resolved or directed to do so in terms of the dispute resolution clause set out in these Terms of Sale for Service Provider.
  10. CONSEQUENCES IN DELAY OF SUPPLY
    1. You recognize that time is the essence of these Terms of Sale for Service Provider and You undertake to supply all Services in accordance with the Order placed on the Services Provider Panel either by Us or by the Customer within the timelines specified therein or in the Agreement.
    2. In the event that there is a possible delay in supply of the Services and as soon as You become aware that You will be unable to fulfil an Order or meet the delivery date set out in an Order, You shall notify MARKETERSCASA in writing of the date on which You will be able to fulfil the Order in the mode and manner as may be required by Us. If the new date for delivery is unacceptable to MARKETERSCASA, MARKETERSCASA may at its sole discretion cancel the Order in accordance with the Agreement and You shall be liable to pay the compensation for such cancellations in accordance with the Terms of sale for Service Provider and Your rating on the MARKETERSCASA may be impacted with such cancellations.
    3. MARKETERSCASA reserves the right to penalize the Services Provider in case of any cancellation or delay in completion of order. The terms and conditions of this penalty will be shared with the Services Provider from time to time as decided by MARKETERSCASA.
  11. REFUNDS

    If the Services rendered by the Service Provider on the Platform are not up to the mark, due to a quality complaint raised by the Customer, the Services Provider agrees to bear the costs of , and other charges in connection with the Completion of the Services, as may be decided by MARKETERSCASA in its sole discretion.

  12. INSURANCE
    1. Unless otherwise mutually agreed, You shall maintain a comprehensive insurance policy with an insurer of repute to cover Your liabilities in respect of any act or omission for which You may become liable to indemnify MARKETERSCASA under these Terms of Sale for Service Provider. You shall promptly tender copies of such insurance policy (and all renewals thereof) to MARKETERSCASA on request. In the event any insurance policy is cancelled by you or expires, You will keep Us informed of the same.
    2. You shall ensure that none of the terms of any insurance policy taken out pursuant to these Terms of Sale for Service Provider are breached by You or Your employees or Your service providers/associates. It is hereby further clarified that Your obligations to obtain insurance pursuant to these Terms of Sale for Service Provider shall be in addition to Your obligation to indemnify MARKETERSCASA for any of its breach of these Terms of Sale for Service Provider.
  13. REPRESENTATIONS, WARRANTIES AND COVENANTS
    1. You represent that:
      1. You have full corporate power and absolute authority to accept these Terms of Sale for Service Provider and the Agreements and to perform all the duties, obligations and responsibilities arising or created under or pursuant to these Terms of Sale for Service Provider;
      2. these Terms of Sale for Service Provider and the Agreements shall constitute a valid and legally binding obligation, enforceable in accordance with its terms;
      3. the acceptance of these Terms of Sale for Service Provider and the Agreements and delivery and performance of the duties, obligation and responsibilities arising in or created under or pursuant to these Terms of Sale for Service Provider does not and shall not conflict with, result in a breach of or default under Applicable Laws or regulation [including but not limited to the Information and Technology Act, 2000 (including any rules and amendments made thereunder) and the Foreign Exchange Management Act, 1999 (including any rules and amendments made thereunder)] any privacy policy, terms of use, or any order, writ, injunction or decree of any Court or Governmental Authority or any agreement or arrangement or understanding, written or oral, to which You are a party to;
      4. there are no claims, actions, suits, litigation, arbitration or other proceedings pending or threatened against You, which question the validity or enforceability of these Terms of Sale for Service Provider or any of the transactions contemplated pursuant thereto;
      5. the Services can be lawfully marketed, sold throughout India without restrictions with respect to disclosures, licenses, or registrations under Applicable Laws, other than any specific restrictions or prohibitions disclosed by You and consented to by MARKETERSCASA in writing;
      6. You have obtained all requisite rights, title, interests, licenses and Permits required under Applicable Laws to sell, deliver Services, use Intellectual Property Rights in respect of the Services, and to perform its duties, obligation and responsibilities arising or created under or pursuant to these Terms of Sale for Service Provider.
    2. You further undertake that, during the Term of these Terms of Sale for Service Provider:
      1. You shall keep and maintain complete and accurate records and books of account, in accordance with Applicable Laws in sufficient detail and form to enable MARKETERSCASA to determine and verify Your compliance with the terms and conditions of these Terms of Sale for Service Provider. Such records and books shall be maintained for a period of at least 8 (eight) years from the close of the fiscal years to which they relate. MARKETERSCASA reserves the right to examine and audit such records and books (and the methods used to prepare and maintain them), either directly or through its representatives, at any time during regular business hours and to make copies and extracts thereof;
      2. You shall provide MARKETERSCASA with copies of all, forms and declarations (such as those required under Applicable Laws) as may be required by MARKETERSCASA for us to facilitate the free and unhindered international, inter-State and intra-State Provision of Services, including any GST and other supporting document;
      3. You shall be solely responsible and liable in respect of the Services Provided by You to MARKETERSCASA, or for the Services Provided by You to the Customer directly, notwithstanding whether the Services are Provided by You or a third party Service Provider;
      4. You shall pass on any benefit of tax relaxation to MARKETERSCASA, gained by You and effected at any time after MARKETERSCASA issues the Order against change in tax rates as per Applicable Laws;
      5. In the event of any failure to comply with the above applicable statutory provisions, You will indemnify and keep MARKETERSCASA or the Customer indemnified against any claims, penalties or fines (including reasonable attorney fees) that are imposed on and paid/ incurred by MARKETERSCASA or the Customer as a result of Your failure. Notwithstanding any thing contrary in these Terms of Sale for Services Provider and subject to other available remedies, MARKETERSCASA will be entitled to make an application for the compounding of an offence and the fine paid on such compounding and reasonable litigation cost shall be indemnified and /or reimbursed by You;
      6. You shall not resort to any practices which are fraudulent in nature or not permissible under Applicable Law, including but not limited to resorting to predatory pricing, unfair trade practices or anti competitive measures with respect to any of the Services Provided; and
      7. You shall not sell directly or indirectly, or attempt to trade in any item or material which is prohibited or restricted in any manner under the provisions of Applicable Law and not to provide any Services that may contain Products or Services that are prohibited under the Applicable Laws, including the list of prohibited Products and Services as set out in Annexure I or are otherwise regulated as a controlled substance.
    3. You undertake that each representation made by You in these Terms of Sale for Service Provider is true and correct in all respects as of the date You accept these Terms of Sale for Service Provider and You shall ensure that all such representations and warranties remain true and correct during the subsistence of these Terms of Sale for Service Provider and no omission has been made of any fact that is directly or indirectly connected with any of the representations or which makes any of the representations misleading.
    4. You acknowledge that MARKETERSCASA has agreed to contract with You on the basis of, and in full reliance on, each of the aforesaid representations and warranties. None of the representations and warranties shall be treated as qualified by any actual, implied or constructive knowledge on the part of MARKETERSCASA or any of its respective agents, representatives, officers, employees or advisers. The representations and warranties shall not be in any manner limited by any information disclosed or made available to or received by MARKETERSCASA or its representatives.
  14. INDEMNITY
    1. You shall defend, indemnify, hold harmless and keep MARKETERSCASA its Affiliates, associates and partners and their respective shareholders, directors, staff, officers, employees, agents and representatives of all the foregoing, indemnified at all times from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liabilities, damages, losses, cost, fines or penalties of any kind or nature whatsoever, including legal fees and all other direct and indirect expenses whatsoever in connection with, or incidental to the performance of these Terms of Sale for Service Provider, whether arising during the Term hereof or any time thereafter and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of:
      1. any act, omission, fault or negligence whether active or passive or of anyone acting under Your direction or control or on Your behalf, including Your failure to state accurate Service descriptions, adequate warnings, or instructions or otherwise failure to comply with any Applicable Laws;
      2. breach of any Your representation, warranty, covenant or obligations under or pursuant to these Terms of Sale for Service Provider;
      3. all fraudulent activities undertaken by You independently or in collusion with the Buyer;
      4. infringement or threatened infringement of any Intellectual Property Rights; or
    2. MARKETERSCASA shall not be liable for any incidental, indirect, special or consequential damages (including lost profits or lost revenues) under these Terms of Sale for Service Provider, regardless of whether such liability arises in tort, contract, breach of warranty, indemnification or otherwise.
  15. TERM AND TERMINATION
    1. The engagement shall be effective from the date You register on the Platform and shall be valid until your registration is terminated in accordance with these Terms of Sale for Service Provider (“Term”).
    2. You may terminate these Terms of Sale for Service Provider without cause by issuing a prior written notice of 60 (sixty) days to MARKETERSCASA. MARKETERSCASA may terminate these Terms of Sale for Service Provider without cause by issuing a written notice to You. Full and final settlement of the accounts will be done within 60 (sixty) days from the date of receipt of notice to terminate/delist from the Services Provider or by Us to You.
    3. MARKETERSCASA may terminate these Terms of Sale for Service Provider immediately by providing You a written notice if:
      1. You commit a breach of any of the terms or conditions or its obligations under these Terms of Sale for Service Provider or the Agreement, and such breach is not remedied (if capable of remedy) within the timeline issued by Us in the notice;
      2. any distress, execution or other process is levied upon any of Your assets;
      3. You enter into any compromise or arrangement with Your creditors or commit any act of bankruptcy or in case You are a body corporate and an order is made or an effective resolution is passed for Your winding up (whether voluntary or involuntary), or if a petition is presented to Court, or if a receiver/manager, administrative receiver or administrator is appointed in respect of the whole or any part of Your undertaking or asset;
      4. You become insolvent or go into administration, receivership or liquidation or enter into any arrangement or composition with Your creditors or any action is taken for the appointment of an administrator or official manager or receiver of the Your assets;
      5. You cease or threaten to cease carrying on business;
      6. Your financial position deteriorates to such an extent that in Our reasonable opinion, Your capability to adequately fulfil Your obligations under these Terms of Sale for Service Provider has been placed in jeopardy;
      7. any attempted transfer or assignment or sub-contracting of Your rights and/or obligations under these Terms of Sale for Service Provider or a part thereof whether by voluntary act or operation of Law;
      8. if any activities conducted by You in light of this Agreement amounts to any misrepresentation, or a fraudulent activity or a breach of trust, with immediate effect and without the right to cure such breach as per Clause (k);
      9. if any of the representations made by You are found to be false, inaccurate or incomplete or if You fail to comply with any of the warranties made by You.
    4. Consequences of termination:
      1. Upon termination of these Terms of Sale for Service Provider, Your account on the Services Provider Panel shall be deactivated. In the event You terminate these Terms of Sale, your account shall be active and You shall be provided a limited access to Your account for a period of 60 (sixty) days to fulfil any pending Orders only and You shall not be entitled to offer for new Services or accept new orders.
      2. Upon termination of these Terms of Sale for Service Provider, You shall ensure completion of Your obligations with respect to the open Orders placed on the Services Provider Panel on or before the date of termination of these Terms of Sale for Service Provider and shall ensure completion of any refunds obligations in compliance with the Refunds and Cancellation Policy for Services delivered by the Services Provider. In case of any failure of the Service Provider to complete open Orders, MARKETERSCASA shall have the right to adjust any amounts due (including penalties for cancellation of such Orders) from the full and final settlement to the Service Provider.
    5. The parties shall be relieved and discharged from all obligations, liabilities or claims under these Terms of Sale for Service Provider except for rights and liabilities accrued under these Terms of Sale for Service Provider prior to the termination thereof or which expressly survive termination of these Terms of Sale for Service Provider.
  16. FORCE MAJEURE

    If the performance of any obligation of either party is delayed or prevented in whole or in part by causes beyond the reasonable control of such party including but not limited to wars (declared or undeclared), hostilities, revolution or civil commotion, explosion, hurricane, flood, embargo, , proclamation, regulation or ordinance of any government or governmental agency, having, or claiming to have, jurisdiction over the Parties, or any act of God, then such party shall not be held responsible for non-performance of such obligation during the continuance of the delay, provided prompt notice and full particulars of such delay have been given to the other party, nor shall such non-performance be deemed a default hereunder. The affected party will be obligated to take all reasonable action to eliminate the cause of the delay and resume performance as soon as reasonably possible. If the non affected party is MARKETERSCASA, nothing contained herein shall limit Our right to take similar Services from third Persons in the event the force majeure event or its consequences have prevented You from delivering any Services hereunder.

  17. CONFIDENTIAL INFORMATION
    1. You shall keep in confidence any confidential/sensitive/proprietary information (whether electronic or otherwise) obtained under these Terms of Sale for Service Provider from MARKETERSCASA, including without limitation any business plans, customer lists, processes, technical knowledge, software, reports, data, financial or operational information about MARKETERSCASA and the existence and the terms and conditions of these Terms of Sale for Service Provider and shall not divulge the same to any Person other than Your employees who shall be provided this information on a “need to know” basis. This obligation will not apply to information which:
      1. is known to the public (through no act or omission of the parties in violation of these Terms of Sale for Service Provider);
      2. was known to You prior to the disclosure under these Terms of Sale for Service Provider;
      3. was or is independently developed by You without breach of these Terms of Sale for Service Provider; or
      4. is required to be disclosed pursuant to a governmental or judicial order, in which case You shall give MARKETERSCASA prompt written notice, where possible, and use reasonable efforts to ensure that such disclosure is accorded confidential treatment and also to enable MARKETERSCASA to seek a protective order or other appropriate remedy.
    2. You shall not make any public release/statement with regard to these Terms of Sale for Service Provider and/or the matters contemplated herein without the prior written consent of MARKETERSCASA.
    3. In the event that for any reason these Terms of Sale for Service Provider shall lapse and the transactions contemplated hereby shall not be implemented, You shall, on the written demand of MARKETERSCASA, immediately return the all information/data/documents in relation to MARKETERSCASA, together with any copies in Your possession.
    4. The obligations under this Clause shall be valid, and shall have force and effect after the expiry or earlier termination of these Terms of Sale for Service Provider.
  18. INTELLECTUAL PROPERTY
    1. You undertake not to adopt or use or cause any other Person to adopt or use any name, corporate name, trading name, title of establishment, logo, symbol or other commercial designation that is similar to the trademarks, name, corporate name, trading name, title of establishment, logo, symbol or other commercial designation of MARKETERSCASA (whether or not registered or to be registered in the name of MARKETERSCASA or any of its associated companies), without Our prior consent.
    2. You shall immediately notify MARKETERSCASA in writing of any infringement or potential infringement of trademark, name, corporate name, trading name, title of establishment, logo, symbol or other commercial designation of which You become aware. You shall not, without the prior written approval of MARKETERSCASA, have the right to bring any action or proceeding with respect to such infringement or potential infringement or which involves, directly or indirectly any issue the litigation of which may affect interest of MARKETERSCASA. Nothing in these Terms of Sale for Service Provider shall obligate MARKETERSCASA to take action against any such infringement or potential infringement.
    3. You agree and acknowledge that You will not use such content developed by MARKETERSCASA for advertising or marketing the Services Provided with any other third party and the content and the Intellectual Property Rights in such advertisements and marketing activities shall solely belong to MARKETERSCASA.
    4. You agree and acknowledge that in no event will the Services Provided or any material provided by you under this Agreement infringe the Intellectual Property Rights of any third party.
    5. You hereby agree to let Us share your details with third parties who raise claims for infringement of Intellectual Property against You, in order to aid the resolution of such claims. You agree to settle such claims of infringement and provide us with documentation as a proof of such settlement. We shall take down such infringing image / material within 24 (twenty four) hours of receipt of a valid complaint.
    6. You represent that You have the ownership or license to use the Intellectual Property Rights in the Service or Services Provided by you as well as the Service information, and/or content (including but not limited to images, catalogue information/text and graphics) thereto provided by You to MARKETERSCASA, and grant MARKETERSCASA a royalty free license to use such Intellectual Property Rights for purposes as may be deemed necessary for executing the Services and undertaking marketing programmes. Further, You agree that on an ongoing basis and as and when requested by MARKETERSCASA in a timely and reasonable manner, You will provide, free of charge, the Product/Service information, and/or content (including but not limited to images, catalogue information/text and graphics).
  19. MARKETING
    1. You agree that MARKETERSCASA may advertise and market the Services or Services and Service Provider/Service Provider on its Platform or any other channels. Unless otherwise agreed in writing between the parties, the content for such advertisements will be developed by MARKETERSCASA and You agree to provide all information and inputs necessary for MARKETERSCASA to develop such content.
    2. The Service Provider agree and acknowledge that MARKETERSCASA may conduct certain planned promotional campaigns and marketing events in order to promote the sale of Services or increase visibility of Service Provider on the Platform. The Service Provider have the option to participate in such promotional events at their sole discretion.
    3. By participating in such campaigns, the Service Provider agree to comply with all policies of MARKETERSCASA in relation to such planned promotional campaigns.
    4. In the period immediately prior to the launch of such planned promotional campaigns, the Service Provider shall not temporarily inflate the Prices of the Service/Services on the Platforms, resulting in the display of higher discounts on such Services.
  20. MISCELLANEOUS
    1. Relationship

      Nothing in these Terms of Sale for Service Provider shall be construed as establishing or implying any partnership, principal-contractor, or joint venture arrangement between the parties, nor shall it be deemed to constitute either of the parties as the agent of the other party and no employment or any other relationship shall be construed or created between MARKETERSCASA and Your employees. Except to the extent provided by these Terms of Sale for Service Provider, in all transactions entered into by You in pursuance of these Terms of Sale for Service Provider, You shall act and always be deemed to have acted as a principal; and not as an agent or contractor of MARKETERSCASA. MARKETERSCASA shall not in any way be liable in respect of any act or omission on Your part towards Your statutory, contractual or other obligations with respect to Your employees and other personnel. Neither party shall have the authority to bind the other party in any manner without the prior written consent of the party who is sought to be bound.

    2. Assignment

      You shall not have a right to assign these Terms of Sale for Service Provider or Agreements or any of Your rights and obligations under these Terms of Sale for Service Provider or Agreements directly or indirectly without the prior written consent of MARKETERSCASA.

    3. Governing Law

      Subject to the Dispute Resolution Clause below, these Terms of Sale for Service Provider and all matters arising in connection with these Terms of Sale for Service Provider shall be construed in accordance with the laws of India. The parties submit themselves to the exclusive jurisdiction of the Courts at Mumbai.

    4. Dispute Resolution

      Parties shall endeavour to amicably settle and resolve any dispute or difference arising out of or in relation to these Terms of Sale for Service Provider within 30 (thirty) days from the date of raising such dispute or difference by the aggrieved party, failing which either party may refer any disputes arising out of or in connection with these Terms of Sale for Service Provider in accordance with the Arbitration and Conciliation Act, 1996 and the rules hereunder. The arbitration shall be conducted in English and the seat of arbitration shall be Mumbai. There shall be a sole arbitrator appointed by Us. The decision of the arbitrator shall be final and binding on the parties. Nothing shall preclude a party from seeking interim equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. You agree that We shall not be liable or made party in any dispute arising between You and the Buyer.

    5. Non-Solicitation
      1. You agree that during the Term and for a period of 2 (two) years after the termination of these Terms of Sale for Service Provider You shall not directly or indirectly:
      2. solicit or employ any Person who is employed by MARKETERSCASA or Our Affiliates, nor induce or attempt to induce any such Persons to leave their employment without the prior written consent of MARKETERSCASA.
      3. solicit customers or redirect any customers to any other Person (or any platform) to purchase the Services or similar Services or attempt to induce any customer to purchase Services or similar Services other than on the Platform.
      4. You hereby acknowledge and agree that the provisions of this Clause are reasonable with respect to its duration, and scope, narrowly tailored and necessary to protect and preserve the legitimate business interests of MARKETERSCASA and Our Affiliates and that MARKETERSCASA would be irreparably damaged if You were to breach the covenants contained in this Clause.
      5. The parties agree that if the restrictions envisaged herein are held to be void by a court of competent jurisdiction, the same would be valid and enforceable if modified or altered to the extent necessary and such restriction shall apply to You with such modification.
    6. Amendment

      We may amend or replace these Terms of Sale for Service Provider on the Platform from time to time, by updating this document and providing You a prior notice of 15 days. Your use of the Platform following the posting of changes will mean that You accept such changes.

      However, We may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or for security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict Services or activities that We deem unsafe, inappropriate, or offensive. You can reach out to us at support@marketerscasa.com in case you have any questions regarding any change in the Agreement.

    7. Survival

      The parties agree and acknowledge that the Clauses relating to Refunds, Cancellation and Replacement, Representations, Warranties and Covenants, Indemnity, Confidential Information, Governing Law, Dispute Resolution, Non-Solicit and Survival shall survive the expiration and termination of these Terms of Sale for Service Provider.

    8. Specific Performance

      You agree that MARKETERSCASA will suffer immediate, material, immeasurable, continuing and irreparable damage and harm in the event of any breach of these Terms of Sale for Service Provider and that damages in respect of such breach shall be inadequate and that MARKETERSCASA shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation or enforce the performance of the covenants, representations and obligations contained in these Terms of Sale for Service Provider.

    9. Set Off

      MARKETERSCASA shall be entitled to offset, deduct or retain out of any monies which may be or become due to You under these Terms of Sale for Service Provider or otherwise, any amounts owed by MARKETERSCASA to You under these Terms of Sale for Service Provider or otherwise.

    10. Severability

      If any term, paragraph or provision of these Terms of Sale for Service Provider shall be held to be invalid for any reason whatsoever, such invalidity shall not affect the validity, operation or enforceability of the remainder of these Terms of Sale for Service Provider. If the remainder of these Terms of Sale for Service Provider is not materially affected by such declaration or finding and is capable of substantial performance, then that term or provision or part thereof shall to that extent be deemed not to form part of these Terms of Sale for Service Provider and parties shall negotiate in good faith to agree upon a substitute provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision.

    11. Further Assurances

      Parties hereby undertake to use their best efforts to take, or cause to be taken, all action and do, or cause to be done, all things necessary, proper or advisable under Applicable Laws and regulations to consummate and make effective, as soon as reasonably practicable, the transactions herein contemplated. The parties undertake to co-operate with each other, as reasonably and lawfully requested, to assist the other party in complying with the request of the party making the request and requirements of governmental and other regulatory authorities.

    12. Grievance officer

      In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

      You may write to him at the following address:

      Name: Saras Bansal

      Address: 13, Chintan Apartment, Ravi Shankar Sankul Society Bhatar Char Rasta,Surat-395007, Gujrat, India

      Email: support@marketerscasa.com

      Telephone/Mobile No: +91 8456889656

      Please contact Grievance Officer for any questions or comments (including all inquiries related to privacy breaches and copyright infringement) regarding the Platform.

ANNEXURE - I

LIST OF PROHIBITED SERVICES

  1. Prior to listing a Service on the Platform, You shall ensure that such Service is permitted to be listed on the Platform in accordance with all Applicable Laws and the Agreement and if the type of Service is subject to any restrictions to avoid potential issues with Your listing. As a Services Provider, You are ultimately responsible for making sure that selling a Service is legal under Applicable Law. Further some of the Services may require specific approval from an authority. In such a case, You are required to obtain such approval of such authority and MARKETERSCASA prior to listing the Services. Violations of this Policy may result in a range of actions, including:
    1. listing cancellation;
    2. limits on account privileges;
    3. account suspension; and
    4. loss of special status.
  2. Rules on Prohibited and Restricted Items

    Agreements about listing items are generally guided by the Applicable Law in force. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law. The Services listed shall not contain ingredients that are prohibited under the Applicable Laws.

  3. The following Goods and related Services are prohibited for sale on the Platform. Please note that this list is not exhaustive:
    1. Alcohol or any type of liquor;
    2. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;
    3. Narcotic drugs and psychotropic substances;
    4. Medicines and drugs including illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
    5. Pornographic and obscene or objectionable material;
    6. Counterfeit, replicas and pirated goods and goods or services infringing any Intellectual Property Rights including pirated recordings or copies of unauthorized copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present;
    7. Antiquities;
    8. Adult Services, used and refurbished Services;
    9. Indian coins;
    10. Fire arms, knives, military equipment and ammunition and related services;
    11. Police, army, navy and air force related items or services;
    12. Wildlife Services;
    13. Live birds and animals;
    14. Baby gender test kits or related services;
    15. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related Services;
    16. Money orders;
    17. Wholesale currency which includes discounted currencies or currency exchanges;
    18. Real estate;
    19. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property;
    20. Event tickets;
    21. Bulk marketing tools which include email lists, software, or other Services enabling unsolicited email messages (spam);
    22. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
    23. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
    24. Government identity cards, licenses which includes fake identity cards, passports, diplomas and noble titles, drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
    25. Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related Services;
    26. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines; goods regulated by government or other agency specifications;
    27. Stocks and other securities or related financial Services;
    28. Any kind of services not related to Services unless specifically permitted by MARKETERSCASA;
    29. Services or Services prohibited under each Party’s Applicable Law.

MARKETERSCASA- TERMS OF SALE FOR CUSTOMERS

 

By accessing or using Our Platform (as defined below), You agree to be bound by these Terms of Sale for Customers (as defined below) as applicable and decided and executed by SARCASATIC LLP, a Body Corporate under the Limited Liability Partnership Act, 2008 having its the registered office located at 13, Chintan Apartment, Ravi Shankar Sankul Society Bhatar Char Rasta, Surat Gujrat 395007 India or any of its subsidiaries which term shall include its Affiliates, permitted assigns and successors (hereinafter referred to as “MARKETERSCASA”, “We”, “Our” or “Us”), if any, Our Terms of Use (as defined below), Privacy Policy (as defined below) and such other Agreements (as defined below), as may be adopted by Us from time to time. Please read these Agreements, including the Terms of Use carefully before completing a transaction on the Platform.

These Terms of Sale for Customers is an electronic record issued under the Information Technology Act, 2000 and the rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This Agreement contains the terms and conditions that govern Your access to, and use of the Platform, and/or any ancillary services through an account maintained by You on the Platform and is an agreement between You or the business You represent and Us. These Terms of Sale for Customers are a legally binding agreement between Us and You.

Summarily, under the Terms of Sale for Customers, basis the terms mutually agreed between the Customer and MARKETERSCASA at the time of placing the Order or at any other time till the Order is delivered and the timelines as mutually agreed between the Customer and MARKETERSCASA at the time of placing the Order (as defined below) or at any other time till the Order is delivered. These Terms of Sale for Customers shall be effective and binding on You in accordance with the terms and conditions set out herein and in the Terms of Use, Privacy Policy and such other agreements as may be adopted by Us from time to time. It is specifically clarified that these Terms of Sale for Customers are in addition to the other Agreements on the Platform and supplementary to the Terms of Use. Terms which are capitalized and not defined in these Terms of Sale for Customers shall carry the meaning ascribed to them in the Terms of Use.

  1. DEFINITIONS

    Affiliate” means with respect to any party, any Person directly or indirectly controlling or controlled by, or under the direct or indirect common control with such party.

    Agreements” collectively means these the Terms of Use, the Privacy Policy, the Cancelation and Refunds Policy and such other policies as may be adopted and implemented by MARKETERSCASA from time to time.

    Applicable Law(s)” means any Indian laws, bye-laws, statutes, rules, regulations, subordinate legislation, orders, ordinances, notices, notifications, directions, restrictions, common law, judgments, decrees, circulars, decisions, or other requirements or directives of any Governmental Authority or any individual, partnership, corporation, company, unincorporated organization, association, trust, or other entity acting under the authority of any Governmental Authority, as well as any protocols, policies, codes, guidelines, standards, resolutions and guidance notes, and any interpretation of any of the foregoing by a Governmental Authority in India that has the force of law and as may be applicable to each Party.

    Customer” or “You” or “Your” shall mean a User who places an Order (defined below) for purchasing the Services (defined below) on the Platform.

    Governmental Authority” means any national, state, provincial, local or similar government, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization have the force of law in India or any court, tribunal, arbitral or judicial body in India.

    Intellectual Property ” shall mean all intellectual property, in any part of the world, whether registered or not registered, and in particular (i) all trademarks, service marks, trade names, logos, domain names; patents, design rights; trade secrets, including, know-how, technology, formulae, industrial and commercial information, techniques and inventions; processes, manuals, documentation, and technical data and information; copyrights, works of authorship, and topography rights, data base rights; computer hardware and software including computer programs, user interfaces, software applications, software platform or infrastructure and any other information in relation to the above; (ii) all rights under licenses in respect of all of the above; (iii) any applications or registrations for the protection of all of the rights specified at sub-clause (i) and (ii) herein above; and (iv) all renewals and extensions thereof; and the term “Intellectual Property Rights” shall be construed accordingly.

    Order” means a transaction carried out by a Customer on the Platform for the Purchase of a Service.

    Total amount” means the quoted price of the Services that are listed for sale on the Platform, which may or may not include taxes, duties and other charges, and will be as specified by MARKETERSCASA. Any cost associated with additional services provided by MARKETERSCASA as decided with the Customer while placing the Order, will be further charged extra basis the terms agreed during placing the Order, and included in the Total amount.

    Permits” means any and all authorizations, approvals, clearances, licenses, consents, permits, sanctions, orders, registrations, exemptions, filings, reports, rulings, certifications, waivers or variances as may be required, or is required to be obtained or undertaken, as the case may be, by You under Applicable Laws in connection with these Terms of Sale for Customers, or necessary for the performance of Your obligations set out herein.

    Person” means any natural person, joint venture, company, corporation, partnership (whether limited or unlimited), trust or other enterprise (whether incorporated or not), union, association, Government (Central or State or otherwise), or any agency, department or political sub division thereof and shall include their respective successors, and in the case of an individual, shall include his/her legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or trustees for the time being in force.

    Platform” means the Website, http://www.marketerscasa.com/,and any mobile applications where the Services are made available for sale, including any physical point of sale set up by MARKETERSCASA at various locations, to provide access to the Website/mobile applications.

    Privacy Policy” shall mean the privacy policy of MARKETERSCASA available at https://www.marketerscasa.com /PrivacyPolicy.

    Services” shall mean the Services made available for sale on the Platform.

    Cancelation and Refund Terms” shall mean our terms regarding Cancelation and refunds, as mentioned in Clause 6 of these Terms of Sale for Customers.

    Service Provider” means the Service Provider who has agreed to list Services and make the Services available for sale on the Platform and sell and supply the Services, as the case may be and agrees to be bound by the Terms of Sale for Service Providers.

    Terms of Sale for Customers” shall mean these terms of sale between MARKETERSCASA and the Customer.

    Terms of Use” shall mean the terms of use available at https://www.marketerscasa.com /TermsOfUse and governing Your use of the Platform.

    User” shall mean a user who transacts on the Platform from time to time and who shall be identifiable through their Customer ID.

    Website” shall mean the unique resource location of the online marketplace that MARKETERSCASA proposes to operate, and the domain name shall be intimated to you at a later date and such intimation shall be treated as an acknowledgement from you to abide by the Agreements and applicable policies for use, listing and sale and purchase of the Services.

  2. Customer Protection Terms

    Customers must follow the Agreement and protect themselves against any issues with the Order. Customer attention is requested at the time of placing an Order. Some of the key protection measures which may be adopted by the Customers are set out below:

    1. Service Specifications: The Customers are encouraged to detail out Service descriptions and images for an Order as much as possible since this eliminates misunderstandings over what the Customer is expecting to receive.
    2. Communication: You agree that all communications between You and MARKETERSCASA shall take place over the Platform, email or through other electronic means as decided by Us from time to time.
    3. Issues faced by Customer: In case the Customer raises any query or issue with respect to an Order, MARKETERSCASA shall acknowledge such query or issue with relevant information within 48 (forty-eight) hours of receipt of the same.
  3. GENERAL TERMS OF SALE FOR THE CUSTOMERS
    1. Upon a Customer placing an Order on the Platform, the Customer may be required to pay the Total amount of the Service as per Clause 5 below and the Order shall be confirmed upon the realisation of such payment or at a time as communicated to You at the time of placing the Order. In the event that the Customer wishes to make any modifications to an Order, the Customer shall be required to pay any extra amount as may be required by MARKETERSCASA with respect to such modifications to the Order. Subject to this Clause 3.1, We reserve the right to charge the full Total amount on the Service within 48 (forty-eight) hours of the Completion of the Service.
    2. In case of any cancellation request by the Customers within 48 hours of placing the Order, MARKETERSCASA will proceed with cancellation of the Order without charging any cancellation fee. Any cancellation request post 48 hours will be treated on a case-by-case basis and MARKETERSCASA reserves the right to accept or reject the request. MARKETERSCASA reserves the right to deduct part or full of the payment already made by the Customer in order to cover any losses arising out of such cancellation. In case of unilateral cancellation of the Order by MARKETERSCASA after 48 (forty-eight) hours of placing the Order, a cancellation fee may be borne by MARKETERSCASA, at its sole discretion.
    3. You will provide the necessary documents as required under Applicable Law and as required by us from time to time under these Terms of Sale for Customers, failing which any loss or damage caused to us shall be solely borne by you and debited to you.
    4. It is not permitted for a Customer to reject the provision of a Service after receiving confirmation of a successful Order via email or other electronic means as decided by Us from time to time, except as provided under Clause 6. If you, as a Customer, violate this Clause, We will have the right to take action against you.
    5. The Customer hereby agrees that the Customer shall not transact with the Service Provider, with respect to any Services listed on the Platform, by bypassing the Platform or MARKETERSCASA. Further, we shall have the recourse of termination or temporary/indefinite suspension of any Customer’s account on the Platform in case such Customer transacts with the Service Provider directly, bypassing the Platform.
    6. The Customer hereby represents and warrants that the Customer shall not copy, borrow or infringe upon the design of the Service displayed or purchased or any other Intellectual Property Rights of any Service Provider on the Platform.
    7. We may use mechanisms that rate or allow Users/Customers to rate and write feedback and reviews about Services and Service Providers on the Platform. We reserve the right to make these ratings and feedback along with any other feedback as shared by You over email or some other electronic media publicly available on Our Website or on social media channels or decided against making the ratings publicly available if it violates Our feedback policy.
    8. The Customer hereby agrees and acknowledges that MARKETERSCASA may offer various value-added services to the Customer from time to time. If the Customer decides to avail such services, the Customer shall comply with all the terms and conditions of such services, as may be prescribed by MARKETERSCASA.
    9. Notwithstanding anything to the contrary, the Customer hereby agrees and acknowledges that in case of any breach of the Agreement by the Customer, MARKETERSCASA shall have the right to suspend and/or terminate the Customer’s account on the Platform.
  4. PAYMENT FACILITY FOR THE CUSTOMERS
    1. Subject to the following, the payment terms and mechanism shall be as per the mutually agreed terms between You and Us and as described in these Terms of Sale for Customers or as and when finalized during the Order placement.
    2. MARKETERSCASA may delay the issuance of a notification confirming the completion of Service(s) in an Order, if MARKETERSCASA is suspicious of certain activity on the Platform by the Customers, or if MARKETERSCASA has identified a User conducting suspicious high-volume transactions. In addition, MARKETERSCASA may remit the Total amount paid by a Customer thereof, if MARKETERSCASA is required to intimate law enforcement officials (instead of refunding the monies paid by a Customer towards an Order) at the request of law enforcement officials or in the event the Customer is engaged in any form of illegal activity.
    3. All statutory levies and taxes as per Applicable Law will be accounted for by each party wherever applicable in terms of Applicable Law. All the payments made shall be made in compliance with the Foreign Exchange Management Act, 1999and any amendments made there under.
  5. INVOICING
    1. Simultaneous with the Provision of the Service(s) in accordance with these Terms of Sale for Customers, or as agreed by the parties during placement of the Order, MARKETERSCASA shall raise an invoice on the Customer and the Total amount amount including any other related services provided by MARKETERSCASA. At the time of placing the Order We will be raising a Pro-forma invoice which will have estimated Cost, duties and taxes cost determined to the best of Our knowledge. After delivery of the Service, we will share the invoice which will include the Cost, duties and taxes cost charged, accounting for modifications to the Order, if any. The amount mentioned in the invoice will be the final amount due and payable to MARKETERSCASA and shall be payable within 48 (forty-eight) hours from the date of the invoice unless otherwise agreed between the parties at the time of placing the Order. In no event shall there be any additional charge or reimbursement to the Customer, as applicable, of any amounts arising due to fluctuations in the duties and taxes on or after the date of the invoice, unless otherwise agreed between the parties at the time of Order placement.
    2. Each invoice shall be as per the sole discretion of MARKETERSCASA in a template provided to You over email or any other electronic communication mode as decide from time to time.
    3. You authorize and permit Us to collect and disclose certain personal information made available to Us by You in connection with the Order on the Platform to certain third parties contracted by Us in connection with the Services on the Platform. The collection, use, disclosure and other rights and obligations with respect to any personal information shared by You with Us shall be governed by the Privacy Policy.
    4. If the payment is not made as per the schedule agreed between MARKETERSCASA and the Customer at the time of placing the Order, MARKETERSCASA reserves the right to charge a late payment fee at a prevailing bank interest rates of the Reserve Bank of India, from the time the payment was due, and where any part of the month is rounded off to the nearest month for calculation of the late payment fee. Provided that this late payment fee may be waived at the discretion of MARKETERSCASA.
  6. CANCELATION AND REFUNDS TERMS

    You understand that all the Orders placed on the Platform are non-cancellable, unless otherwise specified. Customer may cancel the Services in the event of a complaint raised by the Customer with respect to either the Service quality or Service specifications, within 48 (forty-eight) hours of receiving the Services and where such quality complaints have been accepted by MARKETERSCASA. Any request made after 48 (forty-eight) hours from the completion of the Services will be evaluated on a case-by-case basis and the decision by MARKETERSCASA will be final in this regard. All cancelations and refunds shall be made as per Clause 6 of these Terms of Sale for Customers.

  7. REPRESENTATIONS, WARRANTIES AND COVENANTS
    1. You represent that:
      1. in case You are a company, partnership firm or a body corporate, You are a legal entity duly formed and validly existing under the laws of Your governing state/country or in case You are an individual, You are a person and not prohibited from buying the Services;
      2. You have full corporate power and absolute authority to accept these Terms of Sale for Customers and the Agreements and to perform all the duties, obligations and responsibilities arising or created under or pursuant to these Terms of Sale for Customers.
      3. these Terms of Sale for Customers and the Agreements shall constitute a valid and legally binding obligation, enforceable in accordance with its terms;
      4. the acceptance of these Terms of Sale for Customers and the Agreements and delivery and performance of the duties, obligation and responsibilities arising in or created under or pursuant to these Terms of Sale for Customers does not and shall not conflict with, result in a breach of or default under Applicable Laws, including but not limited to the Foreign Exchange Management Act, 1999 and any amendments made there under or regulation, any privacy policy, terms of use, or any order, writ, injunction or decree of any Court or Governmental Authority or any agreement or arrangement or understanding, written or oral, to which You are a party to;
      5. there are no claims, actions, suits, litigation, arbitration or other proceedings pending or threatened against You, which question the validity or enforceability of these Terms of Sale for Customers or any of the transactions contemplated pursuant thereto;
      6. You have obtained all requisite rights, title, interests, licenses and Permits required under Applicable Laws to sell, deliver Services, and to perform its duties, obligation and responsibilities arising or created under or pursuant to these Terms of Sale for Customers.
    2. You further undertake that, during the Term of these Terms of Sale for Customers:
      1. You shall not copy any design of the Service for which the Order was placed on Our Platform and render it without using the services/consent of Our Platform.
      2. If You want to use the branding of MARKETERSCASA (including but not limited to MARKETERSCASA) or any of the Service Providers on Our Platform You will do that only after receiving a consent from MARKETERSCASA over email or any other electronic communication mode as decided by Us from time to time.
      3. You shall not use the brand name of any Service Provider or a Platform for Your advertisement unless consent for the same has been provided by MARKETERSCASA and communicated to You. Any consent shared will be applicable at a Service level and the Customer agrees to apply for consent for any future Orders.
      4. You shall not resort to any trade practices which are fraudulent in nature or not permissible under Applicable Law.
      5. You will treat any document shared by Us during the process of Order finalization as confidential and will not share these documents with anyone or use these documents for any other purpose except for placing the Order with MARKETERSCASA.
    3. You undertake that each representation and warranty made by You in these Terms of Sale for Customers is true and correct in all respects as of the date. You accept these Terms of Sale for Customers and You shall ensure that all such representations and warranties remain true and correct during the subsistence of these Terms of Sale for Customers and no omission has been made of any fact that is directly or indirectly connected with any of the representations or which makes any of the representations misleading.
    4. You acknowledge that MARKETERSCASA has agreed to contract with You on the basis of, and in full reliance on, each of the aforesaid representations and warranties. None of the representations and warranties shall be treated as qualified by any actual, implied or constructive knowledge on the part of MARKETERSCASA or any of its respective agents, representatives, officers, employees or advisers. The representations and warranties shall not be in any manner limited by any information disclosed or made available to or received by MARKETERSCASA or its representatives.
  8. INDEMNITY
    1. You shall defend, indemnify, hold harmless and keep MARKETERSCASA its Affiliates, partners and their respective shareholders, directors, officers, employees, agents and representatives of all the foregoing, indemnified at all times from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liabilities, damages, losses, cost, fines or penalties of any kind or nature whatsoever, including legal fees and all other direct and indirect expenses whatsoever in connection with, or incidental to the performance of these Terms of Sale for Customers, whether arising during the Term here of or any time thereafter and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of:
      1. any act, omission, fault or negligence whether active or passive or of anyone acting under Your direction or control or on Your behalf, including Your failure to state accurate Service descriptions, adequate warnings, or instructions or otherwise failure to comply with any Applicable Laws including but not limited to the Foreign Exchange Management Act, 1999 and any amendments made there under;
      2. breach of any of Your representation, warranty, covenant or obligations under or pursuant to these Terms of Sale for Customers;
      3. death, injury, loss or damage to Person or loss or damage to property, resulting or claimed to result in whole or in part from any actual or alleged use of Services, including but not limited by reason
      4. all fraudulent activities undertaken by You independently or in collusion with the Service Provider; or
      5. Infringement or threatened infringement of any Intellectual Property Rights.
    2. MARKETERSCASA shall not be liable for any incidental, indirect, special, or consequential damages (including lost profits or lost revenues) under these Terms of Sale for Customers, regardless of whether such liability arises in tort, contract, breach of warranty, indemnification or otherwise. The maximum aggregate liability of MARKETERSCASA arising out of or in connection with these Terms of Sale for Customers and the Agreements of all kinds, whether arising out of tort, contract, breach of warranty, indemnification or otherwise, shall in no event exceed the Total amount of the Service in relation to which such liability has arisen.
  9. TERM

    The engagement shall be effective from the date You place an Order on the Platform and shall be valid for any future issues with the Order.

  10. FORCE MAJEURE

    If the performance of any obligation of either party is delayed or prevented in whole or in part by causes beyond the reasonable control of such party including but not limited to wars (declared or undeclared), hostilities, revolution or civil commotion, explosion, hurricane, flood, embargo, pandemic, proclamation, regulation or ordinance of any government or governmental agency, having, or claiming to have, jurisdiction over the Parties, or any act of God, then such party shall not be held responsible for non-performance of such obligation during the continuance of the delay, provided prompt notice and full particulars of such delay have been given to the other party, nor shall such non-performance be deemed a default hereunder. The affected party will be obligated to take all reasonable action to eliminate the cause of the delay and resume performance as soon as reasonably possible.

  11. CONFIDENTIAL INFORMATION
    1. You shall keep in confidence any confidential/sensitive/proprietary information (whether electronic or otherwise) obtained under these Terms of Sale for Customers from MARKETERSCASA, including without limitation any business plans, processes, technical knowledge, software, reports, data, financial or operational information about MARKETERSCASA and the existence and the terms and conditions of these Terms of Sale for Customers and shall not divulge the same to any Person other than Your employees who shall be provided this information on a “need to know” basis. This obligation will not apply to information which:
      1. is known to the public (through no act or omission of the parties in violation of these Terms of Sale for Customers);
      2. was or is independently developed by You without breach of these Terms of Sale for Customers; or
      3. is required to be disclosed pursuant to a governmental or judicial order, in which case You shall give MARKETERSCASA prompt written notice, where possible, and use reasonable efforts to ensure that such disclosure is accorded confidential treatment and also to enable MARKETERSCASA to seek a protective order or other appropriate remedy.
    2. You shall not make any public release/statement with regard to these Terms of Sale for Customers and/or the matters contemplated herein without the prior written consent of MARKETERSCASA.
    3. The obligations under this Clause shall be valid and shall have force and effect after the expiry or earlier termination of these Terms of Sale for Customers.
  12. INTELLECTUAL PROPERTY
    1. You undertake not to adopt or use or cause any other Person to adopt or use any name, corporate name, trading name, title of establishment, logo, marks, symbol, or other commercial designation that is similar to the trademarks, name, corporate name, trading name, title of establishment, logo, marks, symbol or other commercial designation of MARKETERSCASA (whether or not registered or to be registered in the name of MARKETERSCASAor any of its associated companies), without Our prior consent.
    2. You acknowledge that copyright and all other rights including Intellectual Property Rights, to the Platform and in any works contained on the Platform, including but not limited to all the features, functionality software, design, text, logo, marks, symbols, sound recordings, images, or other commercial designation shall unconditionally always remain under the exclusive ownership of MARKETERSCASA, except as may be otherwise expressly provided in this Agreement. You, shall at no time, during the term of this Agreement or after its termination, contest the validity or ownership of the Intellectual Property of MARKETERSCASA.
    3. You undertake not to frame or use framing techniques to enclose any trademark, logo, marks, symbols belonging to MARKETERSCASA and not use any meta tags or any other “hidden text” utilising MARKETERSCASA’ names or trademarks. You shall not utilise any data mining techniques, data gathering or extraction tools to extract substantial parts of the Platform in order to create and/or publish Your own database similar to the Platform. You shall not use or register any trademark, design, Service name or trade name which is confusingly similar to MARKETERSCASA’ trademarks, Service names or trade names.
    4. You shall immediately notify MARKETERSCASAin writing of any infringement or potential infringement of trademark, name, corporate name, trading name, title of establishment, logo, symbol or other commercial designation of which You become aware. You shall not, without the prior written approval of MARKETERSCASA, have the right to bring any action or proceeding with respect to such infringement or potential infringement or which involves, directly or indirectly any issue the litigation of which may affect interest of MARKETERSCASA. Nothing in these Terms of Sale for Customers shall obligate MARKETERSCASAto take action against any such infringement or potential infringement.
    5. You agree and acknowledge that You will not use any content developed by MARKETERSCASA for advertising or marketing the Services with any other third party without the prior written consent of MARKETERSCASA, and the content and the Intellectual Property Rights in such advertisements and marketing activities shall solely belong to
    6. You hereby agree to let Us share your details with third parties who raise claims for infringement of Intellectual Property against You, in order to aid the resolution of such claims. You agree to settle such claims of infringement and provide Us with documentation as a proof of such settlement. We shall take down such infringing image / material after receipt of a valid complaint, and within such timelines as prescribed by Applicable Laws.
  13. MISCELLANEOUS
    1. Relationship

      Nothing in these Terms of Sale for Customers shall be construed as establishing or implying any partnership, principal-contractor, or joint venture arrangement between the parties, nor shall it be deemed to constitute either of the parties as the agent of the other party and no employment or any other relationship shall be construed or created between MARKETERSCASA and Your employees. Except to the extent provided by these Terms of Sale for Customers, in all transactions entered into by You in pursuance of these Terms of Sale for Customers, You shall act and always be deemed to have acted as a principal; and not as an agent or contractor of MARKETERSCASA. MARKETERSCASA shall not in any way be liable in respect of any act or omission on Your part towards Your statutory, contractual, or other obligations with respect to Your employees and other personnel. Neither party shall have the authority to bind the other party in any manner without the prior written consent of the party who is sought to be bound.

    2. Assignment

      You shall not have a right to assign these Terms of Sale for Customers or Agreements or any of Your rights and obligations under these Terms of Sale for Customers or Agreements directly or indirectly without the prior written consent of MARKETERSCASA. Notwithstanding anything to the contrary contained in these Terms of Sale for Customers, MARKETERSCASA will have the right to assign these Terms of Sale for Customers or Agreements or any of Our rights and obligations under these Terms of Sale for Customers or Agreements, directly or indirectly, without Your prior written consent.

    3. Governing Law

      These Terms of Sale for Customers and all matters arising in connection with these Terms of Sale for Customers shall be construed in accordance with the laws of India. Subject to Clause 15.4 below, the parties submit themselves to the exclusive jurisdiction of the courts at Mumbai, India.

    4. Dispute Resolution

      Parties shall endeavour to amicably settle and resolve any dispute or difference arising out of or in relation to these Terms of Sale for Customers within 30 (thirty) days from the date of raising such dispute or difference by the aggrieved party, failing which either party may refer any disputes arising out of or in connection with these Terms of Sale for Customers in accordance with the Arbitration and Conciliation Act, 1996 and the rules hereunder. The arbitration shall be conducted in English and the seat of arbitration shall be Mumbai, India. There shall be a sole arbitrator mutually appointed by the parties. The decision of the arbitrator shall be final and binding on the parties. Nothing shall preclude a party from seeking interim equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. You agree that we shall not be liable or made party in any dispute arising between you and the Service Provider. Notwithstanding anything to the contrary, parties may agree to conduct the arbitration proceedings virtually through such audio-visual means as may be mutually agreed upon by the parties.

    5. Amendment

      We may amend or replace these Terms of Sale for Customers on the Platform from time to time, by updating this document. Your use of the Platform following the posting of changes will mean that You accept such changes.

    6. Survival

      The parties agree and acknowledge that the Clauses relating to Cancelation and Refunds, Representations, Warranties and Covenants, Indemnity, Confidential Information, Governing Law, Dispute Resolution and Survival shall survive the expiration and termination of these Terms of Sale for Customers.

    7. Specific Performance

      You agree that MARKETERSCASA will suffer immediate, material, immeasurable, continuing and irreparable damage and harm in the event of any breach of these Terms of Sale for Customers and that damages in respect of such breach shall be inadequate and that MARKETERSCASA shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation or enforce the performance of the covenants, representations and obligations contained in these Terms of Sale for Customers.

    8. Set Off

      MARKETERSCASA may offset, deduct or retain out of any monies which may be or become due to You under these Terms of Sale for Customers or otherwise, any amounts owed by MARKETERSCASA to You under these Terms of Sale for Customers or otherwise.

    9. Severability

      If any term, paragraph or provision of these Terms of Sale for Customers shall be held to be invalid for any reason whatsoever, such invalidity shall not affect the validity, operation or enforceability of the remainder of these Terms of Sale for Customers. If the remainder of these Terms of Sale for Customers is not materially affected by such declaration or finding and is capable of substantial performance, then that term or provision or part thereof shall to that extent be deemed not to form part of these Terms of Sale for Customers and parties shall negotiate in good faith to agree upon a substitute provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision.

    10. Further Assurances

      Parties hereby undertake to use their best efforts to take, or cause to be taken, all action and do, or cause to be done, all things necessary, proper or advisable under Applicable Laws including but not limited to the Foreign Exchange Management Act, 1999 and any amendments made there under and regulations to consummate and make effective, as soon as reasonably practicable, the transactions herein contemplated. The parties undertake to co-operate with each other, as reasonably and lawfully requested, to assist the other party in complying with the request of the party making the request and requirements of governmental and other regulatory authorities.

    11. Grievance officer

      In accordance with the Information Technology Act, 2000 and rules made thereunder and other Applicable Laws, the name and contact details of the Grievance Officer are provided below:

      You may write to the Grievance Officer at the following address:

      Name: Saras Bansal

      Address: SARCASATIC LLP, 13, Chintan Apartment, Ravi Shankar Sankul Society Bhatar Char Rasta, Surat Gujrat 395007 India

      Email: support@marketerscasa.com

      Phone Number: +91 8456889656

      Please contact Grievance Officer for any questions or comments (including all inquiries related to privacy breaches and copyright infringement) regarding the Platform.