This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.
PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
A. Acceptance of Terms
The Website is currently owned and operated by KNR PARTY TRENDS PRIVATE LIMITED Private Limited, having its registered address at C-305, Gera Emerald City North, Near Eon IT Park, Pune- 411014.
Once you accept these Agreements, we will email you with a copy of these Agreements for your reference, with a copy to us. In case of any future change in the Agreement, we will keep you informed by sending you emails and requiring you to read and accept the amended terms. You are also advised to follow our Agreement modification policy, as stated below in clause 1.
All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner either as a vendor or any person authorized by a vendor. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Agreement will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.
KNR PARTY TRENDS PRIVATE LIMITED reserves the right, in its sole discretion, to change, modify, or otherwise amend the Agreement, and any other documents incorporated by reference herein for complying with the legal and regulatory framework and for other legitimate business purposes, at any time, and KNR PARTY TRENDS PRIVATE LIMITED will post notice of the changes and the amended Agreement at the domain of www.wahparty.com/vendors-terms. It is your responsibility to review the Agreement for any changes and you are encouraged to check the Agreement frequently. Your use of the Website following any amendment of the Agreement will signify your assent to and acceptance of any revised Agreement. If you do not agree to abide by these or any future Agreement, please do not use or access the Website.
B. Membership and Accessibility
1. LICENSE TO ACCESS
KNR PARTY TRENDS PRIVATE LIMITED hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Agreement; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without KNR PARTY TRENDS PRIVATE LIMITED’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be permitted by KNR PARTY TRENDS PRIVATE LIMITED under the terms of this Agreement and are reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable laws.
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law, or to a registered firm or company which is legally allowed to enter into a contract. You represent, acknowledge and agree that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are incompetent to enter into this Agreement or that you are not complying with any applicable laws, rules or regulations.
You need not register with KNR PARTY TRENDS PRIVATE LIMITED to simply visit and view the Website and service catalog available there, but to access and participate as a ‘Vendor’ on the Website, you will need to register and come on-board as a ‘Vendor’. The detailed registration and onboarding process has been stated in Schedule I of this Agreement.
You are solely responsible for safeguarding your KNR PARTY TRENDS PRIVATE LIMITED password and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify KNR PARTY TRENDS PRIVATE LIMITED immediately of any breach of security or any unauthorized use of your Account. Under the terms of this Agreement, you agree that you shall never use another vendor’s Account for any purpose. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.
You hereby expressly acknowledge and agree that you yourself and not KNR PARTY TRENDS PRIVATE LIMITED will be liable for your losses, damages, etc. (whether direct or indirect) caused by unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of KNR PARTY TRENDS PRIVATE LIMITED or others due to such unauthorized use.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
• You will not copy or distribute any part of the Website in any medium without
KNR PARTY TRENDS PRIVATE LIMITED’s prior written authorization.
• You will not alter or modify any part of the Website other than as maybe permitted by KNR PARTY TRENDS PRIVATE LIMITED under the terms of this Agreement and are reasonably necessary to use the Website for its intended purposes
• You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this agreement so that it will remain accurate, true, current and complete.
• You shall not in any manual or automated manner to collect other Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
C. Vendor’s Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), or the posting of your Service (“Offer”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
• misrepresents the source of anything you post,
including impersonation of another individual or entity or
any false or inaccurate biographical information for any Service Professionals;
provides or creates links to external sites that violate this Agreement;
is intended to harm or exploit any individual under the age of 18 (“Minor”)
in any way; is designed to solicit, or collect personally identifiable information
of any Minor, including, but not limited to, name, email address, home address,
phone number, or the name of his or her school;
• invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
• contains falsehoods or misrepresentations that could damage KNR PARTY TRENDS PRIVATE LIMITED or any third party;
• is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
• is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant KNR PARTY TRENDS PRIVATE LIMITED all of the license rights granted herein;
• contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as questions, links to copyrighted books/materials, notes, pirated computer programs or links to them, information to circumvent manufacture-installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
• is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
• intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a KNR PARTY TRENDS PRIVATE LIMITED employee, agent, manager, host, another user, or any other person though any means;
• advertises or solicits a business not related to or appropriate for the Website (as determined by KNR PARTY TRENDS PRIVATE LIMITED in its sole discretion);
• contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
• contains advertising for Ponzi schemes, discount cards, credit counseling, online surveys or online contests;
• contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of KNR PARTY TRENDS PRIVATE LIMITED.
2. NO DISCRIMINATION
(i). Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. KNR PARTY TRENDS PRIVATE LIMITED will not knowingly accept any Posting which is in violation of the law. KNR PARTY TRENDS PRIVATE LIMITED has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
(ii). Prohibitions with respect to services
While providing the Service using the Website, you shall not:
• post content or items in any inappropriate category or
areas on the Website;
• violate any laws, third-party rights, Account Policies, or any provision of the Agreement, such as the prohibitions described above;
• fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed-upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to KNR PARTY TRENDS PRIVATE LIMITED; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
• take any action that may undermine the Feedback or rating systems (such as displaying, importing or exporting feedback information off of the Website or using it for purposes unrelated to the Website);
The foregoing lists of prohibitions are only indicative and are not exhaustive. KNR PARTY TRENDS PRIVATE LIMITED reserves the right to (a) terminate your access to your Account, withhold you to post to this Website and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that KNR PARTY TRENDS PRIVATE LIMITED determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. KNR PARTY TRENDS PRIVATE LIMITED reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that KNR PARTY TRENDS PRIVATE LIMITED deems appropriate in KNR PARTY TRENDS PRIVATE LIMITED’ sole discretion. KNR PARTY TRENDS PRIVATE LIMITED may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at KNR PARTY TRENDS PRIVATE LIMITED’ discretion, KNR PARTY TRENDS PRIVATE LIMITED will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. KNR PARTY TRENDS PRIVATE LIMITED does not and cannot review every Posting posted to the Website. These prohibitions do not require KNR PARTY TRENDS PRIVATE LIMITED to monitor, police or remove any Postings or other information submitted by you or any other user.
D. Rules for Vendors
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
Subject to any exceptions set forth in these Agreement or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
In case the Vendor is a corporate body, then after successful registration of such corporate body with KNR PARTY TRENDS PRIVATE LIMITED, you may delegate work of handing your profile on the Website to any of your employees. You shall be responsible for the proper use of the role assigned to them and proper conduct. KNR PARTY TRENDS PRIVATE LIMITED will not be liable for any improper use in any case by any of your employees so assigned with the roles.
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT KNR PARTY TRENDS PRIVATE LIMITED FEES
Subject to any exceptions set forth in these Agreement or Additional Policies, if any, Service Professionals/Vendor shall not: (a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through KNR PARTY TRENDS PRIVATE LIMITED to purchase the Service or any other service outside of KNR PARTY TRENDS PRIVATE LIMITED; (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.
In case we realize that any professional is involved in any of the above activities, KNR PARTY TRENDS PRIVATE LIMITED holds the sole discretion to blacklist the Service professional/Vendor and withhold any outstanding credits or payments due to the Service professional/Vendor.
3. PROMOTIONAL CAMPAIGNS AND FREE OFFERS
Promotions campaigns and free offers may be conducted by KNR PARTY TRENDS PRIVATE LIMITED periodically as may be required by the circumstances. The Vendor is allowed to run promotional campaigns and free offers in accordance with their vendor’s status which is based on the conditions such as Vendor’s performance, review, etc., and other conditions defined by KNR PARTY TRENDS PRIVATE LIMITED. The detailed promotions campaigns and free offers terms have been stated in Schedule III of this Agreement.
4. ADDITIONAL RULES
Invoicing and Product / Service Liabilities: Please note that we are a marketplace platform and provide marketplace services to you. We help Buyers and Vendors connect whereby as Vendors you are selling to customers via our platform and we are charging a commission for services associated with it. Therefore, invoicing and shipping to customer is your responsibility. Any taxation related to the sale of your products like GST, etc is your responsibility. Liabilities arising from the use, consumption and/or interaction with your products is solely yours and we will not be responsible for any loss or damage caused to the Service User due to your products.
Upon identifying or being notified by any person or by law enforcement agency that Vendor has violated any law in the performance of the Transaction, the Company may immediately suspend vendor’s Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
Single Listing: You will only make one listing for every single service/item that is offered for sale by you on the Website. If you propose to sell more than one identical item/service you will make a separate listing for each of them and if all listings result in a successful sale you must be in a position to fulfill all such orders. All listed items must be listed in an appropriate category on the Website. You agree that you shall not list service if you are not in a position to deliver it.
You shall not make any listing in the nature of ‘wanted advertisements’ that do not offer to sell an item but invites Users to make an offer to you for sale of any item.
Appropriate Description in Listing: You shall be responsible for providing information relating to the items/services offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the service must not be misleading in any manner whatsoever and must describe the actual condition of the service. You shall not exaggerate or over emphasize the attributes of any item/service you propose to sell on the Website so as to mislead other Users in any manner. If the item/service description does not match the actual condition of the item/service, you agree to refund any amounts that you may have received from the Service User. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item/service. If for any reason you are unable to deliver to any specific location or destination, you must clearly mention the same on the listing. You shall not use unrelated keywords (even if such use does not lead to any intellectual property right violation), or text unrelated to the item/service on offer for sale in your listing.
You shall not provide any information such as a catalog of your services in your listing which will enable a buyer to contact you outside the Website to buy such item/service directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by us.
Any image used in the listing must be of the actual item/service proposed to be sold on the listing and shall not copy images from other listings available on the Website.
Any free or bonus item/service promised in a listing for promotional purposes must be delivered together with the main item/service being offered through the listing. All provisions of the Agreement including the rules and policies made thereunder that apply to the main item/service will apply mutatis mutandis to the free or bonus item/service as well to the extent it may be applicable.
Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
Feedback: Buyers of items/services on the Website are entitled to write reviews and rate the items as well as the vendor on the Website. As a vendor, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.
Buyer satisfaction: You hereby accept the obligation to ensure a high level of buyer satisfaction. If you receive more than 20% negative reviews or feedback from Users who have bought Services/items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion cancel your listing, place limits on the availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling services. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such a buyer may have.
Ending of Listing: You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in a case where any listing does not result in a successful transaction within 90 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit.
Booking confirmation: If you are willing to take the booking, you need to send a booking confirmation as soon as possible and once it is received, a contract will be deemed to have been made between KNR PARTY TRENDS PRIVATE LIMITED and you (vendor). However, the company shall be free to offer the contract to other parties until the contract is finalized with one party.
E. Performance of Services
In case, the Service User is unsatisfied with the Services provided by you for which the Service User has paid for, our personnel will do the necessary inspection. In furtherance to the inspection, if it is found that the Services delivered by the provider is not up to the standard, you will have to perform those Services to Service User once again or refund the amount as to them as decided by us. We shall have all rights to take the decisions regarding the quality of Service and amount to be refunded to Service User, and you shall not dispute or argue in any case. 100% amount shall be refunded in such cases.
You shall solely be responsible for any losses/damages claimed by the Service User, in furtherance to the Service provided to the Service User.
You shall represent our brand while attending the Buyer assigned by us. You shall by no means poach Buyer provided to you by us.
We are just a technology enabler and provide the necessary platform for you. We shall provide a platform on the Website where you can post the content, view online any time on Services sold, payment due or all other reports relating to the Services.
Services and deliverables to be provided hereunder shall be provided within the time schedule as agreed by us and you with the Buyer under the terms and conditions of this Agreement.
KNR PARTY TRENDS PRIVATE LIMITED shall in no way be responsible for the quality of content posted on the Website. KNR PARTY TRENDS PRIVATE LIMITED does not take the responsibility of assuring quality products to the Service Users. KNR PARTY TRENDS PRIVATE LIMITED provides the Vendors certain features to ensure consistent categorization of content which enables better packaging and presentation.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
You understand that whether or not such Submitted Content is published, KNR PARTY TRENDS PRIVATE LIMITED shall take all possible measures to maintain the confidentiality of your submitted content to the best of its ability using the technology tools and processes available, but as it is known that no technology is fool-proof, KNR PARTY TRENDS PRIVATE LIMITED does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by non-registered users and Registered Vendors who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that KNR PARTY TRENDS PRIVATE LIMITED shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted the basis for the purpose of providing the Services.
KNR PARTY TRENDS PRIVATE LIMITED may also disclose your information including personal information if KNR PARTY TRENDS PRIVATE LIMITED reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate KNR PARTY TRENDS PRIVATE LIMITED’ liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or the property, or the rights or property of any person or entity, (iv) to enforce this Agreement, or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud)
2. YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize KNR PARTY TRENDS PRIVATE LIMITED to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and this Agreement; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and this Agreement. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.
KNR PARTY TRENDS PRIVATE LIMITED shall not be responsible for or liable to pay any royalty or any money to any person in this respect. You understand and undertake to handle/resolve/conduct any issue arising in this respect for which KNR PARTY TRENDS PRIVATE LIMITED does not mediate/be part any arbitration process with respect to the above-mentioned issue of this clause.
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO KNR PARTY TRENDS PRIVATE LIMITED
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to KNR PARTY TRENDS PRIVATE LIMITED for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to KNR PARTY TRENDS PRIVATE LIMITED a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, display, and perform the Submitted Content in connection with the Website and KNR PARTY TRENDS PRIVATE LIMITED’ (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the the functionality of the Website and under this Agreement. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. KNR PARTY TRENDS PRIVATE LIMITED’S DISCLAIMERS AND RIGHT TO REMOVE
KNR PARTY TRENDS PRIVATE LIMITED does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and KNR PARTY TRENDS PRIVATE LIMITED expressly disclaims any and all liability in connection with all Submitted Content. KNR PARTY TRENDS PRIVATE LIMITED does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and KNR PARTY TRENDS PRIVATE LIMITED will remove any Data or Submitted Content if properly notified, pursuant to the “ take down” notification procedure described in Section J below, that such Posting or Submitted Content infringes on another’s intellectual property rights. KNR PARTY TRENDS PRIVATE LIMITED reserves the right to remove any Data or Submitted Content without prior notice. KNR PARTY TRENDS PRIVATE LIMITED will also terminate your access to the Website, if you are determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. KNR PARTY TRENDS PRIVATE LIMITED also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with this Agreement for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. KNR PARTY TRENDS PRIVATE LIMITED may remove such Submitted Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and in its sole discretion.
G. Pricing Terms
The price of each service listed on the website shall be decided by the Vendor. The Vendor shall be on-board after due diligence of the Vendor is complete, pursuant to registration and on-board process as stated in Schedule I of this Agreement. Unless agreed otherwise between the parties, the percent of the commission shall be 10% of the listed selling price of the product.
H. Payment Terms
Vendor agrees that the Transaction Price paid by a Buyer will be remitted to the Vendor’s
Bank Account contingent upon the following events:
• Buyer confirming the Delivery of service in the Transaction, or
• Buyer not taking any claim or action against the delivered service within 12 hours of completion of delivery,.
All remittances to Vendors in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Vendor’s Bank Account. The remittance of the Transaction Price paid by the Buyer will be made after all reconciliation with the Website/ Company. The payment will be processed between 24 to 48 business hours of delivery of the service. If any payment delay due to operational difficulties, holidays or act of God the same will be included and Agreement.
I. Force Majeure
We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, acts of terror or natural/manmade disaster.
J. Copyright Infringement Take Down Procedure
KNR PARTY TRENDS PRIVATE LIMITED has high regard for intellectual property and expects the same level of standard to be employed by its users. KNR PARTY TRENDS PRIVATE LIMITED may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit KNR PARTY TRENDS PRIVATE LIMITED to locate the material;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit KNR PARTY TRENDS PRIVATE LIMITED to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.
Only the intellectual property rights owner is permitted to report potentially infringing items through KNR PARTY TRENDS PRIVATE LIMITED’ reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in this Agreement.
K. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE
KNR PARTY TRENDS PRIVATE LIMITED reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that KNR PARTY TRENDS PRIVATE LIMITED shall not be liable to you or to any third party for any modification, suspension or discontinuance of KNR PARTY TRENDS PRIVATE LIMITED services.
2. TERMINATION BY KNR PARTY TRENDS PRIVATE LIMITED
You hereby acknowledge and agree that KNR PARTY TRENDS PRIVATE LIMITED, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if KNR PARTY TRENDS PRIVATE LIMITED believes or has reason to believe that you have violated any provision of the Agreement.
3. TERMINATION BY YOU
You may cancel your use of the Website and/or terminate the Agreement with or without cause at any time by following the link in your Account to Deactivate Account. In such a case, you need to give at least 30-days notice. In case no notice is served and you leave without giving a 30-days notice, all your payments due to you by us shall be canceled and you shall not be entitled to get any money from us. All your outstanding orders shall get cancelled in case of termination without notice.
In the event of any of the terminations, you shall not be able to sell your products to the Service Users. All your unsold Services shall be removed from our catalog.
L. Intellectual Property Rights
The content on the Website (exclusive of all Submitted Content by Service Professionals/Vendor), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are EXCLUSIVELY owned by KNR PARTY TRENDS PRIVATE LIMITED.
All Intellectual Property rights over the Submitted Content shall vest in the Service Professional/Vendor. The Service Professional/Vendor grants us the right to post the Submitted Content and Related Services on the Website. We shall have a non-exclusive and non-transferrable right to use the Service Professional’s Intellectual Property for the purpose of achieving the objectives of this Agreement.
After the termination of this Agreement, we shall not be allowed to use any Intellectual Property rights belonging to the Service Professional/Vendor and the Service Professional/Vendor shall be free to take-down all the contents belonging him, posted on the Website. Our trademarks and trade-names, and other intellectual property rights belonging to us shall lie with us and Service Professional/Vendor shall not use our trademarks and trade-names, and other intellectual property rights for its own use, without our permission.
You agree that KNR PARTY TRENDS PRIVATE LIMITED may provide you with notices, including those regarding changes to the Agreement, by email or regular mail, or postings on the Website.
N. GOVERNING LAW
All matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in Pune and the Parties hereby irrevocably submit to the exclusive jurisdiction of these courts.
Each Party undertakes to defend, indemnify and hold harmless the other Party, its subsidiaries, affiliates, agents, officers, employees, and assignees on a full indemnity basis, from and against all actions, proceedings claims, demands, costs (including the legal expenses) damages, judgments, decrees, expenses, penalties and liabilities of any kind or nature whatsoever arising directly or indirectly as a result of any breach or non-performance by such Party of any of its undertakings, warranties, representations or obligations under this Agreement.
You shall indemnify for all the litigations or lawsuits arising as a result of failure of you to comply with the obligations of the Service Professional as par the terms of this Agreement. You shall indemnify us for the delay or inability in performing Services, due to which we had to indemnify the Service user for the loss suffered. You shall indemnify us in an event where we violate any applicable, state and local law or regulation due to fault on the part of you or your Services.
This Clause O shall survive any termination or repudiation of this Agreement.
P. General Information
1. ENTIRE AGREEMENT
No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and KNR PARTY TRENDS PRIVATE LIMITED’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS
The section headings in the Agreement are for convenience only and
have no legal or contractual effect.
Vendor Registration and On-boarding process
1. Vendor on-boarding Process
Vendors, intending to register on the KNR PARTY TRENDS PRIVATE LIMITED are required to complete a two-step process viz. Expression of interest and On-boarding.
Expression of interest:
Any Vendor who expresses their intention of selling on KNR PARTY TRENDS PRIVATE LIMITED and of consuming the services is required to register on the website as a vendor by providing basic information such as Name, Email, Phone number, City, State, and product category(s) he intends to sell. On the registration an email confirming the registration along with the draft “Terms and Conditions Document” will be sent to the vendor on the email id he has given at the time of registration.
After due-diligence, KNR PARTY TRENDS PRIVATE LIMITED will initiate the on-boarding process.
As part of the on-boarding process, vendors are required to provide the next level of information as detailed in the KYC process.
(a) Name of the ‘Vendor’ – This will be the name displayed in the Vendor’s invoice
(b) Logo of the brand (Specify Resolution, and that it will be used on the website and on all documents relating to the transactions involving the vendor)
(c) Email id
(d) Full Communication Address of the Vendor
(e) Full Registered Address of the Vendor
(f) Phone numbers – Mobile and Landline
(g) Authorised Contact Person and his/her mobile and landline number
(h) Bank Account Details (Name, Account #, Bank Name, Branch, IFSC and Copy of a canceled Cheque)
Vendors are required to read and accept the terms and conditions stated in this Agreement, along with payment structure in the website as part of the on-boarding process. After accepting the contents hereof, the Vendor will receive a final copy of the accepted Agreement and Payment structure for their records.
2. KYC Process
This KYC verification procedure is aimed to further help KNR PARTY TRENDS PRIVATE LIMITED become safer and secure e-commerce platform.
As part of the KYC process, Vendor is required to provide one valid document for proof of identity and one valid document for proof of address of the bank account holder/beneficiary.
(a) Legal Entity
(b) Proof of Identity
(c) Proof of Address
For a list of acceptable document proofs for each item above, please click here.
NOTE: If a vendor intends to update/change his/her bank account details, he/she should intimate KNR PARTY TRENDS PRIVATE LIMITED of such a change at least five business days before the effective date after the change in a bank account. For processing payments after duly completing the KYC process, Vendor may be required to provide verification documents again for the new bank account to avoid payment rejections and delays in reprocessing of payments.
Cancellation and Refunds
a. In case the vendor cancels his/her commitment with KNR PARTY TRENDS PRIVATE LIMITEDto organize and execute a booking accepted by him/her, he/she needs to let us know by sending a mail at least 72 hours before the party is scheduled, failing to do so may result in contract termination with KNR PARTY TRENDS PRIVATE LIMITED.
b. KNR PARTY TRENDS PRIVATE LIMITED will only be liable to pay the vendor the following percentage of the total party cost in case the customer cancels the party at least 48 hours before the party is scheduled:
|Party Cancellation Time|
Cancellation charges (% of party value
at which the vendor accepted the party)
|Less than 24 hours before the party||50%|
24-to-48 hours before the party
|More than 2 days before the party||0%|
c. We will not be held liable to any payment to you if a booked the event cannot take place due to circumstances outside our control.
KNR PARTY TRENDS PRIVATE LIMITED reserves the right to issue a warning to you or temporarily/indefinitely suspend/ terminate your account on the Website and/or refuse to provide you with access to the Website in case of non-payment of fees/processing of refunds by you to KNR PARTY TRENDS PRIVATE LIMITED. KNR PARTY TRENDS PRIVATE LIMITED also reserves the right to take legal action in case of non-payment of fees/dues by you to KNR PARTY TRENDS PRIVATE LIMITED.
PROMOTIONAL CAMPAIGNS AND FREE OFFERS
KNR PARTY TRENDS PRIVATE LIMITED Promotions:
From time to time in accordance with the need of the season/circumstances, KNR PARTY TRENDS PRIVATE LIMITED will run promotional campaigns/offers. In such campaigns, KNR PARTY TRENDS PRIVATE LIMITED proposes to sell the Services at discounted prices or free of cost or both with respect to certain Services.
Vendors are invited to participate in such campaigns in order to increase their sale and revenue. However such participation is voluntary and the Vendor in his discretion may choose to opt-out.
In case any Vendor did not opt-out, then it is considered that he voluntarily chooses to participate in the said campaign.
When the Vendor participates in the said campaign, it is his responsibility to ensure that he is capable of providing such Service that are required to participate in the said campaign. The Vendo