Terms of Service

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THESE TERMS OF USE WERE UPDATED ON DECEMBER, 2022. PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PLATFORM.

1. DEFINITIONS

“Buyers” shall have the meaning ascribed to in as under the Buyers’ Agreement;

“Company” shall mean RASHANBOX RETAIL PRIVATE LIMITED, a company registered under the Companies Act, 2013 having its registered office at 4th FLOOR, 404, GLOBAL FOYER, GOLF COURSE ROAD, SEC 43, GURUGRAM, HARYANA-122002.

“Platform” shall mean Dropship India that provides a collection of online resources, including classified advertisements, forums, related sites including the mobile application of the platform;

“Products” shall mean the goods and services listed on the Platform by the Merchants for the purposes of marketing and selling such goods and services to Buyers;

“Dropship India”; “Us”; “We”; “Our” shall mean the Company;

“Users”, “Merchants”, “Sellers”, “You” or “Your” shall mean any natural or legal person who has access to and is using the Platform for the purpose of marketing or selling their Products, including but not limited to such users who have not created a User Account and are accessing the Platform without such a User Account; and

“User Account” shall be the account, which the Users shall be required to create with the Platform to avail the entire gamut of Services offered by it.

2. INTRODUCTION

This Platform is operated by the Company under the brand Dropship India. The Company offers this Platform, including all information, tools and services available from this Platform to You, the User, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here.

The User’s use of the Platform and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (“Merchants’ Agreement” or “Terms of Service” or “Terms”), the terms whereof are subject to change at any time, without prior notice to You.

Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this Merchants’ Agreement and all the documents referred to hereunder periodically.

If You continue to browse through this Platform, You are agreeing to be bound by the Terms which along with the Privacy Policy govern Your relationship with Us.

You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy, which shall be deemed to be a part of this Merchants’ Agreement.

In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent this Merchants’ Agreement, and such entity agrees to be bound by the terms hereunder.

This Merchants’ Agreement sets forth the legally binding terms of Your use of the Platform and related services.

By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Platform (“Additional Documents”), which shall be deemed to be a part of this Merchants’ Agreement.

In the event of any conflict between the terms of this Merchants’ Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail.

If any of the terms of this Merchants’ Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Merchants’ Agreement.

3. SCOPE OF THE PLATFORM

The Platform is an e-portal/mobile based application for marketing, purchasing and selling of Products.

By visiting our Platform and/or listing some Product for marketing purposes, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies, as may be laid down under any Additional Documents as referenced herein and/or available by hyperlink.

These Terms of Service apply to all Users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of data, content, Information, pictorial representations and/or images (“Content”).

4. EXCLUSION OF LIABILITY

You are aware and fully understand that Platform is only a platform for prospective buyers and sellers and that:

The Merchant shall alone have full legal and moral responsibility and liability for all the Products listed and sold on the Platform. The Company shall bear no liability or responsibility either for the Products being shown in catalogue or for the actual goods or services provided to the Buyers by You and all such liability, including financial and legal, shall solely lie with You;
The Merchant shall alone be responsible for procuring all licenses, permits, passes etc. as required by applicable law for each of the Products listed or sold through the Platform by You.
The responsibility lies solely with You for ensuring that the Products being listed or sold are permitted for advertising, listing and sale under applicable laws.
It is Merchant’s responsibility to not list or sell anything that is not permitted under applicable laws at the said point in time.
Platform is only facilitating payments on behalf of You and accepts no liability associated with the listing or delivery of goods or services by You.
The Merchant shall make every effort to ensure that images of the Products exactly reflect the appearance of the Products in real life and the store display as accurately as possible the colors and images of the Products.
The Merchant shall bear full liability and responsibility for dealing with any returns or refunds. The responsibility for communicating, managing and arranging for any refunds or returns lies entirely with You. The Company shall not be responsible for dealing with any returns or refunds.

5. ONLINE STORE TERMS

By agreeing to these Terms of Service, You represent that You are at least the age of majority in Your state or province of residence.
You may not, in the use of the Service, violate any laws in Your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature.
Content submitted by You shall not be derogatory, offensive or misleading in any manner.
You are solely responsible for the Content that You upload, submit or send to or exchange on the Platform.
Any fraudulent use of this Platform or applicable payment method which causes monetary loss to the Company may be recovered from You.
Images and pictorial representations on the Platform may be enhanced for advertising purposes.
We will not be responsible for verifying any Content posted on the Platform.
Use of the Platform requires internet/mobile network connectivity and You shall bear the costs incurred to access and use the Platform.
You shall be solely responsible for all activities undertaken through Your User Account.
You shall be responsible for checking the Content, Product description and other related information.
If You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this Merchants’ Agreement.

A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies.

6. GENERAL CONDITIONS

As a condition of using this Application, all dropshippers are required to incorporate all applicable taxes into the listed prices of their products.

It is the sole responsibility of each dropshipper to ensure that the prices displayed include all relevant local, state, and federal taxes. Failure to comply with this requirement may result in the suspension or termination of the dropshipper's account, and potential legal action to recover any unpaid taxes that were not included in the product prices as required.

All dropshippers are required to designate the "shipping address phone number" as a mandatory field in their order processing system.

Failure to include the "shipping address phone number" will result in the inability to process and fulfill orders.

We reserve the right to refuse Service to anyone (without assigning any reason) at any time.

You understand that Your Content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by Us.

The headings used in this Merchants’ Agreement are included for convenience only and will not limit or otherwise affect these Terms.

7. PROHIBITED USES

In furtherance to Clause 4 (iii) above, You undertake and warrant that You will not list prohibited Products on the Platform.

Prohibited products include, without limitation:

Adult products and pornographic materials;
Alcohol;
Animals and wildlife products;
Artifacts;
Counterfeit goods and services infringing intellectual property;
Crude oil;
Electronic surveillance equipment prohibited by law;
Embargoed goods from prohibited countries;
Endangered species of animals and plants;
Event tickets exempted from resale by law;
Firearms, weapons and knives;
Financial services;
Food and healthcare items without requisite permits;
Grey market products;
Government related items or equipment prohibited by law;
Government issued documents such as passports;
Hazardous, restricted or regulated materials;
Human remains and body parts;
Intellectual property for which Merchant has no distribution rights;
Invoices and receipts;
Liquefied petroleum gas cylinders;
Lottery tickets;
Mailing lists and personal information;
Maps or literature showing Indian external boundaries incorrectly;
Prescription medicines and drugs;
Narcotic drugs and psychotropic substances;
Offensive material prohibited under applicable law;
Radioactive materials;
Reptile skins;
Sex determination kits;
Stocks and securities;
Real estate;
Stolen property;
Tobacco;
Any other sanctioned or prohibited items or services;
Any other item deemed unfit by the Company.

You are also prohibited from using the Platform or its Content:

For any unlawful purpose;
To solicit others to perform unlawful acts;
To violate applicable regulations, rules, laws or ordinances;
To infringe intellectual property rights;
To harass, abuse, insult, harm, defame or discriminate;
To submit false or misleading information;
To upload or transmit viruses or malicious code;
To collect or track personal information of others;
To spam, phish, pharm, pretext, spider, crawl or scrape;
For obscene or immoral purposes;
To interfere with or circumvent security features.

We reserve the right to terminate Your use of the Service or any related Platform for violating any of the prohibited uses.

8. TERMS OF USE

You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process mentioned under this Merchants’ Agreement.

9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Platform is not accurate or not complete or not current.

The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information.

Any reliance on the material on the Platform is at your own risk.

We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform.

You agree that it is Your responsibility to monitor changes to Our Platform.

10. MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

11. PRICE OF THE PRODUCTS

The Merchant undertakes and warrants that at all times, the sale price of Product provided by the Merchant for listing and display on the Platform shall be:

Inclusive of all taxes; and
The exact price at which the Product would be sold to the Buyer.

We will in no way be responsible for assisting You in relation to any claims with respect to tax payable on the Products sold by You on the Platform.

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries and affiliates from any loss arising out of or in relation to claims regarding taxes or misrepresentation of sale prices.

12. PRODUCTS

We reserve the right, but not the obligation, to limit the sales of our Services to any person, geographic region or jurisdiction.

We reserve the right to limit the quantities of any Products that You offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.

We do not warrant that the quality of any Products, information, or other material purchased or obtained by any Buyers from You will meet the Buyers’ expectations, or that any errors in the Service will be corrected. You will be solely responsible for the same.

13. OPTIONAL TOOLS

We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input.

You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion.

We may also, in the future, offer new services and/or features through the Platform. Such new features and/or services shall also be subject to these Terms of Service.

14. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us.

We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for third-party materials, Platforms, products or services.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If You send creative ideas, suggestions, proposals, plans, contest entries or other materials (“Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.

We are and shall be under no obligation to:

Maintain any Comments in confidence;
Pay compensation for any Comments; or
Respond to any Comments.

We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.

16. PERSONAL INFORMATION

Your submission of personal information is governed by Our Privacy Policy.

17. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice.

18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You.

You expressly agree that Your use of, or inability to use, the service is at Your sole risk.

In no case shall the Company, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, subject to applicable law.

19. COPYRIGHT AND TRADEMARK

Each time You upload the Content, You grant the Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content.

All copyright, database right and all other proprietary rights, title and interest in all Content and/or information presented on this Platform (“IP”) is owned by and/or licensed to Us or the applicable rights holder.

Your use of this Platform does not confer on You or any other party any licence or other rights under the intellectual property or proprietary rights of the Company or any third party.

20. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

21. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of any other remaining provisions.

22. TERMINATION

These Terms of Service are effective unless and until terminated by either You or Us.

If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Merchants’ Agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).

23. ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Us on this Platform or in respect to the Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

24. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of India and the Courts of Gurugram, Haryana, India will have the exclusive jurisdiction.

25. FORCE MAJEURE

We shall not be held liable for any of Our obligations under the Merchants’ Agreement due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc.

You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.

26. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform.

It is Your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

27. CONTACT INFORMATION

For any queries about Terms of Service, you can mail us on support@dropshipindia.live .

Terms and Conditions