GENERAL TERMS & CONDITIONS

 

Updated On 01.06.2021

 

Welcome to EaseKaam.com. Easekaam and its Affiliates provide access to the EaseKaam Platforms to Users subject to the conditions set out on this page.

Please read these conditions carefully before using the EaseKaam Platforms. By using the EaseKaam Platform, Users signify their agreement to be bound by these conditions

 

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

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms & Conditions for access or usage of domain name [www.EaseKaam.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

 

The Platform is owned by EaseKaam L.L.P., a limited liability partnership firm having its registered office at 124/ V /10 Govind Nagar Kanpur, Uttar Pradesh 208006 India and having its corporate office at Shop No. 11, First Floor, Govind Nagar, Arya Kanya Market, Govind Nagar, Kanpur, Uttar Pradesh 208006 India (hereinafter referred to as “EaseKaam”).

 

For the purposes of these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a User of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so. Unless the context otherwise requires, “EaseKaam’’, “we”, “us”, “our” shall mean EaseKaam or any of its licensees, whether now or in the future. EaseKaam enables transactions on its Platform between participating restaurants/stores/Sellers and Buyers, dealing in (a) food and beverages, (b) provisions, consumer goods, consumables etc., and (c) any other products or services (“Platform Services”). The Buyers (“Buyers”) can choose and place orders (“Orders”) from a variety of products and services listed and offered for sale by various Sellers including but not limited to the restaurants, eateries, grocery stores, other service providers (“Sellers”), on the Platform.

 

These Terms & Conditions contain rules, regulations, policies, user agreement, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time. Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms. Please read these Terms & Conditions carefully before using or registering on the Platform or listing any item, accessing any material, information or services, posting any information at or through the Platform.

 

As User, the User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean User’s affirmative action on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our policies, please do not enter information as requested on the sign up page and click the “Accept” button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.

 

By impliedly or expressly accepting these Terms & Conditions, User also accept and agree to be bound by applicable User Agreement, other Terms & Conditions and policies of EaseKaam including the Privacy Policy as published on the Platform (“Policies”) communicated to the Users by publication on the Platform.

 

The content on the Platform is provided for general information only. It is not intended to amount to advice on which User should rely. User must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.

 

Amendment

User acknowledge and agree that We may, in our sole discretion, amend the EaseKaam terms and conditions by posting the relevant  amended and restated EaseKaam Terms and Conditions on the Platform and such amendments to the EaseKaam’s Terms and Conditions are effective as of date of posting. Users are advised to check these Terms and Conditions periodically for, and read carefully, any such amended Terms and Conditions. EaseKaam shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of EaseKaam, has the effect of diminishing the User’s existing rights or imposing additional obligations. Users understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the EaseKaam in its sole discretion. If User do not agree to any changes to the Terms and Conditions, User must stop accessing or using the EaseKaam Platform and the Services.

 

Definitions

“Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of EaseKaam. The term “Control” is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another person, whether through proprietor by such other Person, by contract or otherwise.

 

“Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.

 

“Information” means and shall include any confidential and/or personally identifiable information or other information provided to EaseKaam or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information.

 

“Internal Service Provider” shall mean logistics or any back end service providers of the Platform appointed by EaseKaam that will provide various services that EaseKaam may require in order to run operations of the Platform for example to facilitate or outsource one or more aspects of the business, product and service operations provided on the Platform, including search technology, discussion boards, payments, Affiliate and rewards programs, co-branded credit cards, maintenance services, delivery, database management etc.

 

“Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.

 

“Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.

 

“Pay Facility” means the automated electronic payment or collection and remittance facility provided by EaseKaam to the Users to facilitate payments for paid services on the Platform directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.

 

“Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not.

 

“Policies” shall mean and include the Privacy Policy and any other policies of EaseKaam as amended and provided on the Platform or communicated to the Users in any other way from time to time.

 

“Services” shall mean the services rendered by the Platform as may be specifically notified by EaseKaam on the Platform or by other means of communication from time to time, in accordance with the applicable Law, and currently includes acting as an intermediary or a facilitator for providing a Platform, web and/or mobile application for enabling the Users to buy & sell their products or services online.

 

“Terms & Conditions” shall mean and include the General Terms & Conditions as well as Terms & Conditions provided on the Seller’s Portal.

“User(s)” shall mean any person who is using the services of EaseKaam and will also include visitors on the Platform of EaseKaam.

 

Eligibility

 

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. EaseKaam reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to EaseKaam’s notice or if it is discovered that you are under the age of 18 years and transacting on the Platform. Being a minor if the User performs any transactions on the EaseKaam Platform, it will be deemed that the said transaction is performed under supervision and prior consent/ permission of a parent or legal guardian.

 

Registration of User and Obligations:

 

A User is required to register and create a profile by creating a username and password or registering using mobile/email verification and providing necessary details about the User in order to be eligible to access the relevant Services. If User uses the Platform, User shall be responsible for maintaining the confidentiality of its Display Name & Password and User shall be responsible for all activities that occur under User’s ID and Password. User agree that if User provides any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms & Conditions or any other Policies of EaseKaam, EaseKaam shall have the right to indefinitely suspend or terminate or block access of User’s membership on the Platform and refuse to provide User with access to the Platform.

 

If User uses the Platform that would impliedly means that User hereby agrees and acknowledges that the Platform will grant access to any person who has obtained User’s username, password and code in the same manner as it would have granted access to User and User shall be responsible for all activities conducted under User’s username, password and any code. User shall be responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the EaseKaam.

 

User shall immediately notify EaseKaam of any actual or suspected unauthorized use of the User’s account or password. Although the EaseKaam, its Affiliates, partners, employees, associates, contractors or agents shall not be responsible in any manner for any Losses occurring from any breach of secrecy of User’s username, password, User code or any unauthorized use of User’s account, and User shall be liable for any Losses suffered by EaseKaam or such other parties as the case may be, due to any unauthorized use of User account.

 

User agree that the sole purpose of registering on or using the Platform is to enable yourself technically to buy and sell goods that are legal as per the applicable Laws, and User shall not use the Platform in any manner whatsoever for any other purpose other than as mentioned above and for purposes which are not permitted under the applicable Laws.

 

User Information

 

Please review our Privacy Policy, which also governs User’s visit to EaseKaam Platform to understand our practices. The personal information / data provided to EaseKaam by User during the course of usage of EaseKaam Platforms will be treated as strictly confidential and in accordance with the Privacy Policy and applicable Laws and regulations. If User object to User’s information being transferred or used, please do not use the Platform.

 

Platform for Communication:

 

User agrees to keep itself updated with all data, information and communication pertaining to User made available on the Platform. User further agree that User’s use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the EaseKaam is through electronic records and User consent to receiving communication from the EaseKaam via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/ electronic record.

 

User understands that User may have to bear/pay any charges associated with any such access (including text messaging charges for messages from User’s mobile device). Our communications to User may include communication that would inform Users about various features of Services offered by EaseKaam. EaseKaam may also send User promotional information unless User has opted out of receiving such information.

 

EaseKaam may need to provide User with certain communications/notifications, such as service announcements and administrative messages. These communications are considered part of the Services and User’s account, and User may not be able to opt-out from receiving them. If User added its phone number to its account and User later change or deactivate that phone number, User must update its account information to help prevent EaseKaam from communicating with anyone who acquires User’s old number.

 

General Terms

 

That EaseKaam acts as a mediator between the Users thereby permitting its Users to meet and interact (either on Platform or directly) with one another for their transactions. EaseKaam is not and cannot be a party to or control in any manner any transaction between the Platform’s Users.

 

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone with respect to products and services being offered by the Sellers.

That the commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products & services, return/exchange/replacement, policies and after sales services related to products and services. EaseKaam does not have any control or does not determine or advise or in any way or involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. EaseKaam may, however, offer support Services to Sellers in respect to order fulfillment, logistics, mode of payment, payment collection and other ancillary Services, pursuant to the understanding between the EaseKaam and the Sellers. The price of the products and services offered by the Sellers are solely determined by the Seller itself and EaseKaam has no role to play in such determination of price in any way whatsoever.

 

EaseKaam is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. EaseKaam cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform or directly between the Users. EaseKaam shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. EaseKaam will however provide maximum support and assistance to the Users if the transaction is made on the EaseKaam Platform and not directly between the Buyer and Seller.

 

Placement of order by a Buyer with Seller is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order upon its sole discretion. This applies to all kinds of transaction between the Users.

 

EaseKaam does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Seller. Buyers are advised to independently verify the bona fides of any particular Seller that Buyer may choose to deal with and use their best judgment in this regard. All Seller offers/promotions and third-party offers/promotions are subject to respective party Terms and Conditions and EaseKaam takes no responsibility for such offers or promotions.

 

EaseKaam neither makes any representation or warranty as to specifics (such as quality, value, sale ability, intellectual property rights etc.) of the products or services proposed to be sold or offered to be sold or purchased nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on its Platform. EaseKaam accepts no liability for any errors or omissions, whether on behalf of itself or third parties (including the Sellers).

 

EaseKaam does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

 

At no time shall EaseKaam hold any right, title or interest over the products nor shall EaseKaam have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. EaseKaam is not responsible for unsatisfactory or delayed performance of Services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

EaseKaam is only providing a Platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. In case of complaints from the Buyer pertaining to any issue towards the product or service, such issues, the EaseKaam’s sole responsibility shall be to notify the same to the Seller and EaseKaam shall also provide the Buyer with contact details of the Seller. The Seller shall be solely liable for redressing Buyer complaints.

 

Seller Terms

 

All Sellers shall register on the EaseKaam Platform for offering/selling their products on the EaseKaam Platform. Registration includes (but is not limited to) completing the on-boarding process, providing necessary KYC documents and linking bank account.

 

Seller shall always provide true, accurate, valid, correct, complete and up to date information on the EaseKaam Platforms. Such information shall include (and not be limited to) pricing, inventory, menu, customer data, inputs, bites, discount, taxes and other information as requested by EaseKaam from time to time.

 

Seller shall at all times: (a) strictly comply with all applicable Laws, now or hereafter in effect, relating to its performance of these T&Cs; (b) strictly comply with all applicable Laws, now or hereafter in effect, relating to its performance of T&Cs provided on Seller’s Portal; (c) pay all fees and other charges required by such applicable Law; and (d) obtain and maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any Authority to the extent necessary to perform its obligations hereunder.

 

Seller may list and provide the details of the products/ services offered for sale to the Buyers as a registered Seller of the Platform, however the Seller shall not be permitted to sell any product that fall are under the list of banned items (Provided in schedule 1) identified by EaseKaam from time to time, or are otherwise prohibited for sale under applicable Law.

 

Seller agrees and undertakes that the Seller is legally permitted to sell the products that are listed for sale on the Platform. Listings may only include text descriptions, graphics and pictures that describe products for sale. All listed products must be listed in an appropriate category on the Platform. All listed products must be kept in stock for successful fulfillment of orders.

 

The listing description of the products must not be misleading and must describe the actual condition of the product. If the product description does not match the actual product, Seller agrees to refund any amounts that Seller may have received from the Buyer.

 

Seller hereby agree and undertake that descriptions, images, and other content pertaining to the products/services is complete and accurate, and corresponds directly with the appearance, nature, quality, purpose and other features of such products/services.

 

Seller agrees to provide immediate assistance to the Buyer and resolve Buyer’s dispute that arises out of any transaction irrespective of its mode.

 

Seller shall solely be responsible for payment of all applicable levies, duties, taxes and alike charges in relation to the products and services. This includes and is not limited to payment of GST and other applicable taxes.

 

In the event EaseKaam believes/notices that the Seller is involved in any fraudulent activity/transaction or in any activity which is in breach of applicable Law, these T&Cs or any other policy of EaseKaam, then EaseKaam would inter-alia have the right to withhold the amounts to be received by the EaseKaam on behalf of the Seller from its Buyer(s) and/or suspend Seller account till the resolution of the matter/dispute.

 

Seller agrees and undertakes that Seller is legally permitted to use the Intellectual Property Rights of the respective Brand(s)/Companies to sell the products that are listed for sale on the Platform by the Seller. Seller further agrees and undertakes sole responsibility & liability to obtain necessary permission from the Brand(s)/Company(s) to use their Intellectual Property Rights while listing and selling their products on EaseKaam Platform. In event of any failure to comply with the abovementioned provisions, Seller will be solely responsible and assumes sole liability to compensate for any damages that are suffered by any concerned party. Upon getting any complain of non-compliance of the aforementioned term, EaseKaam has right to immediately suspend the account of Seller and withhold any amount of the Seller that is available with EaseKaam till the grievance of the complainant is resolved.

User Obligations

 

User agrees, undertakes and confirms that User’s use of Platform shall be strictly governed by the following binding principles:

 

1. User shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

 

1. belongs to another person and which such User do not have any right to;

 

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

 

3. is misleading or misrepresentative in any way;

 

4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

5. harasses or advocates harassment of another person;

involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

 

6. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

 

7. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity or any other proprietary rights;

 

8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

9. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

 

• contains video, photographs, or images of another person (with a minor or an adult);

 

• tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

 

• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms & Conditions, EaseKaam’s prior written consent means a communication coming from EaseKaam’s authorized representative, specifically in response to User’s request, and expressly addressing and allowing the activity or conduct for which User seek authorization;

 

• solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

 

• interferes with another User’s use and enjoyment of the Platform or any third party’s User and enjoyment of similar Services;

 

• refers to any Website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms & Conditions;

 

• harm minors in any way;

 

• infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

 

• violates any Law for the time being in force;

 

• deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

• impersonate another person;

 

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

 

• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;

 

• is false, inaccurate or misleading;

 

• directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law, rule, regulation or guideline for the time being in force; or

 

• creates liability for EaseKaam or causes EaseKaam to lose (in whole or in part) the Services of our internet service provider or other suppliers.

 

1. In case of any action, omission, transaction or attempted transaction which is violative of these Terms & Conditions or applicable Laws comes to User’s knowledge, User shall forthwith take all steps to inform the EaseKaam of such violation.

 

1. User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. EaseKaam reserves right to prohibit any such activity and take appropriate legal action.

 

1. User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.

 

1. User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by User, to its source, or exploit the Platform or any Service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.

 

1. User may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by the User Agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of EaseKaam and/or others.

 

1. User shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable Laws; and (c) international Laws, foreign exchange Laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, general sales tax, central excise, custom duty, GST, local levies) regarding User’s use of EaseKaam Service and User’s listing, purchase, solicitation of offers to purchase, and sale of products or services. User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable Law including exchange control Laws or regulations for the time being in force.

 

1. In order to allow EaseKaam to use the information supplied by User, without violating User’s rights or any Laws, User agree to grant EaseKaam a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights User have in User’s information, in any media now known or not currently known, with respect to User information. EaseKaam will only use User’s Information in accordance with EaseKaam’s Terms & Conditions and all the Policies applicable to use of the Platform.

 

1. From time to time, User shall be responsible for providing information relating to the products or services proposed to be sold by User. In this connection, User undertakes that all such information shall be complete, accurate and not misleading in all respects. User shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other Users in any manner.

 

1. User shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to EaseKaam. User may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of the Terms & Conditions and User Agreement to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. User understand that EaseKaam have the right, at all times, to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any Law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, EaseKaam can (and User hereby expressly authorize us to) disclose any information about User to any Law enforcement or other government officials, as EaseKaam, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

1. EaseKaam reserve the right, but have no obligation, to monitor the materials posted on the Platform. EaseKaam shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable Law or either the spirit or letter of EaseKaam’s Policies and Terms & Conditions. Notwithstanding this right, User remains solely responsible for the content of the materials User posts on the Platform and in User’s private messages. Please be advised that such content posted does not reflect the EaseKaam’s views. In no event shall the EaseKaam assume or have any responsibility or liability for any content posted or for any claims, damages or Losses resulting from use of content and/or appearance of the content on the Platform. User hereby represent and warrant that User have all necessary rights in and to all content which User provide and all information it contains and that such content shall not infringe any proprietary or intellectual property or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

 

1. User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. EaseKaam shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

 

• It is possible that other Users (including unauthorized Users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that User may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about User due to User’s use of the Platform, and that the recipient may use such information to harass or injure the User. EaseKaam do not approve of such unauthorized uses, but by using the Platform User acknowledge and agree that EaseKaam is not responsible for the use of any personal information that EaseKaam publicly disclose or share with others on the Platform. Please carefully select the type of information that User publicly disclose or share with others on the Platform.

 

EaseKaam respects the intellectual property rights of others and expects Users of the Services to do the same. EaseKaam reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without any liability to User. EaseKaam will respond to notices of alleged infringement that comply with applicable Law and are properly provided to us. If User believes that User’s content has been copied in a way that constitutes copyright infringement, please report this to us at contact@easekaam.com.

 

EaseKaam may in future add or change the subscription fees or charge a fee for some other Services provided by the EaseKaam (or charges, as intimated from time to time on the Platform, especially for maintaining an official account, for availing Services provided by the EaseKaam through the Platform). Currently, the EaseKaam is charging a subscription fees from the Sellers for registration and listing its products on EaseKaam Platform. EaseKaam reserves the right to introduce new Services including any premium or paid Services or modify or discontinue any existing Services provided on the Platform. Changes to the Terms & Conditions or any of the Policies of the EaseKaam shall be published on the Platform and such changes shall automatically become effective immediately after they are published on the Platform. Users are requested to visit the Terms & Conditions and various Policies links on the Platform often to keep abreast of any amendments.

 

User confirm that these Terms & Conditions hereunder (and the Terms and Conditions collectively) will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the Terms, Conditions or provisions of any other agreement or instrument to which Users are party or by which Users are bound or to which any of User’s property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of User’s duties hereunder. Users have obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If EaseKaam suffers any loss or damages or a claim is made by any Person against EaseKaam or the Platform as a result of a breach or default or contravention on User’s part of the User Agreement or Terms & Conditions, User agrees to, forthwith upon delivery of notice by EaseKaam, make good such Losses or damages or claim amounts suffered by the EaseKaam.

 

User confirm that there is no action, suit or proceeding pending against User or to User’s knowledge, threatened in any court or by or before any other Authority which would prohibit User’s entering into or performing obligations under the User Agreement.

 

User confirms that User shall not transfer its account and shall not assign any rights and obligations under the User Agreement to any third party without the specific prior written permission of EaseKaam.

 

Action

 

In case of any violation by User of the Terms & Conditions, EaseKaam Policies or User Agreement, EaseKaam has the right to immediately terminate the access or usage rights of the User to the Platform without any notice and any such violative information that is displayed or submitted on the Platform may be removed immediately and completely and/or report to investigating authorities under applicable Laws.

 

If EaseKaam terminates User’s access to the Platform, EaseKaam may, in its sole and absolute discretion, remove and destroy any data and files stored by User on its servers and User agree and acknowledge that EaseKaam shall not in any manner be responsible and/or liable for removing or deleting such information.

 

No Endorsement

EaseKaam neither endorse any Seller/Third Party or the products/services offered by them. In addition, although these Terms & Conditions require User to provide accurate Information to EaseKaam, EaseKaam do not attempt to confirm, and do not confirm its purported identity. EaseKaam will not be responsible for any damage or harm resulting from User’s interactions with Sellers/Third Party.

 

By using EaseKaam Services, User agree that any legal remedy or liability that User may seek to obtain for actions or omissions of Sellers or other third parties will be limited to a claim against the particular Seller or other third parties who caused harm to User and User agrees not to attempt to impose liability on, or seek any legal remedy against EaseKaam with respect to such actions or omissions.

 

Disclaimers

 

The Platform may be under constant upgrades, and some functions and features may not be fully operational.

 

EaseKaam does not provide or make any representation, warranty or guaranty, express or implied, about the EaseKaam Services, EaseKaam Platform, EaseKaam URL and EaseKaam Mobile App, and to the fullest extent permitted by Law disclaims all liability arising out of the User’s use or reliance upon the same.

 

In addition to other limitations and exclusions in these Terms & Conditions, in no event shall EaseKaam, its employees, partners, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to EaseKaam Services, EaseKaam Platform, EaseKaam URL and EaseKaam Mobile App.

 

EaseKaam shall not be liable to the Buyers for any product(s) or service(s) provided by the Sellers, or any liability in relation thereto. All claims pertaining to the same shall be directly settled by the Seller.

 

EaseKaam neither makes any representation or warranty as to specifics (such as quality, value, saleability, Sellerability, etc.) of the product(s) or service(s) sold or offered to be sold or purchased on the EaseKaam Platforms, nor does it implicitly or explicitly support or endorse the sale or purchase of any product(s) or service(s) on the EaseKaam Platforms.

 

EaseKaam accepts no liability for any error, omission, breach or non-performance, whether on behalf of itself or third parties (including the Seller).

 

Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in functionality of the Platform. As a result, EaseKaam do not represent that the information posted is correct in every case.

 

EaseKaam expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

 

EaseKaam also hereby clarifies that EaseKaam is only a technology provider / intermediary / ecommerce facilitator and that EaseKaam is not performing any activity/job or providing services which may amount to it being a seller, retailer, stockiest and/or distributor. EaseKaam has no role and responsibility in the actual sale, delivery or fulfilment of the orders, and EaseKaam only provides a Platform for facilitating orders. Further, EaseKaam shall also not be responsible for any payment related issues at Seller’s or Buyer’s end (including but not limited to chargeback or refund related issues).

 

EaseKaam disclaims all liability that may arise due to any violation of any applicable Laws including the Law applicable to products and Services offered by the EaseKaam.

While the materials provided on the EaseKaam Platform are prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that EaseKaam make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, EaseKaam do not, in any way, endorse any service offered or described herein. In no event shall EaseKaam be liable to User or any third party for any decision made or action taken in reliance on such information.

 

The information provided hereunder is provided “as is”. EaseKaam and / or its employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of Users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving EaseKaam as well as EaseKaam’s consultants, business associates, Affiliates, business partners and employees from any kind of professional liability.

 

EaseKaam shall not be liable to User or anyone else for any Losses or injury arising out of or relating to the information provided on the Platform. In no event will EaseKaam or Our personnel be liable to User or any third party for any decision made or action taken by User’s reliance on the content contained on the Platform.

EaseKaam reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

In no event there shall be EaseKaam or its software licensors’ liability to User for any damages arising out of or related to User’s use or inability to use the Software and / or download manager or any other application; and (ii) in no event shall EaseKaam or EaseKaam’s Digital Content providers’ will bear the liability to User for any damages arising from User’s use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to User through the Service (excluding the Software).

 

Intellectual Property

User acknowledges and agrees that EaseKaam Platform and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other Laws. User further acknowledges and agrees that any content or software on this Platform, including text, graphics, images, logos, button icons, photographs, editorial content, notices, software (including html-based computer programs) and other material is protected by national and international Laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by EaseKaam, User agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, the Services offered thereto or any software thereto, in whole or in part.

User acknowledges that the entire Website and its contents including the software is owned or duly licensed to EaseKaam and are protected by applicable Laws in India and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this Website are registered to and/or owned by their respective owners. Nothing on EaseKaam’s Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the EaseKaam or the respective owners.

 

User may download or print a copy of information provided on the Platform for User’s personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.

 

Pricing &Payment

 

In order to avail the Services of EaseKaam and list the products on the Platform of EaseKaam, the Sellers are required to pay applicable subscription fees. EaseKaam will provide the notice of such fees and payment option of the same on its Platform. However EaseKaam reserves the right to change the amount of fees or may include or exclude any Service/Services provided by the EaseKaam against such fees. For subscription models and its fees, kindly refer to the schedule 2. Seller acknowledges that the subscription fees paid to EaseKaam will not be returned/refunded in any circumstances whatsoever.

EaseKaam currently do not charge any transaction fees on the transactions between the Seller and the Buyer, however EaseKaam reserves the right to change its policy regarding charging of transaction fees on its sole discretion. User agrees that the Transaction Fees is subject to change and such change shall be published on the Platform from time to time.

 

The prices for product/s are described on the website/s and are incorporated into these terms by reference. All prices are in Indian rupees. The prices, products and Services are subject to change at EaseKaam’s sole discretion.

 

EaseKaam will use its best efforts to ensure that the accuracy of the prices and price related information stated on the Platform/s. EaseKaam does not make any representation that the prices quoted on the Platform/s will match the offers provided by stores.

In the event of any inadvertent mistake by EaseKaam in quoting the price, EaseKaam will notify User of the error before User’s payment is processed. User will then have the choice to either accept the correct price or to cancel its Order.

 

EaseKaam will not be liable for any fraud through the payment gateway. The liability for use of a payment mode fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.

In addition to all other remedies available under Law and equity and as detailed under this Agreement, EaseKaam reserves the right to recover the cost of product/s, collection charges, attorney’s charges etc., from User using the Platform/s fraudulently. Further, EaseKaam reserves the right to initiate legal proceedings against such persons for fraudulent use of the EaseKaam Services and any other unlawful acts or acts or omissions in breach of EaseKaam Policies and Terms & Conditions.

 

EaseKaam use third party service providers or payment gateway(s) for processing the payments made in relation to the purchase of products offered by the Sellers to Buyers.

 

The relevant third party service provider shall provide a gateway for transfer the amount paid by the Buyer against an Order (after deducting the Transaction Fees if any) in the Seller’s account, and the Seller shall receive the payment immediately in its account through the said gateway.

 

In case where the Buyer makes payment for purchasing multiple products listed by multiple Sellers, the payment made against the said products will be transferred in the bank account of EaseKaam and EaseKaam will transfer the said amount in the bank account of the respective Seller within 2-10 business days after the dispatch of said product by the Seller. User agrees that EaseKaam will not be liable for any dispute that arises between the Seller and Buyer with respect to said payment,

 

In order to enable Buyers to use paid Services on the Platform, EaseKaam facilitates the provision of Pay Facility by using third-party gateway service on the Platform, at its sole discretion. The Pay Facility shall enable automated collection and remittance Services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third-party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Pay Facility shall be availed in accordance with Terms & Conditions.

 

The Pay Facility may support payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash. The Pay Facility may support payments through UPI and mobile wallet payment options. Payment mechanisms may be added or removed or suspended through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on such third party service provider’s website.

 

The Pay Facility shall be made available to the Buyers to make payment easier. In case wrong bank account details are used by the Buyer, EaseKaam shall not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User could contact EaseKaam for help however EaseKaam shall not be liable for transaction failure or payment issues. User assume sole responsibility for all risks associated with transfer of money or payments to the Sellers, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved by User and the third-party directly.

 

User agree and accept that EaseKaam is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of providing the Pay Facility or any other method of payment to its Buyers. While availing any of the payment method/s available on the Platform, EaseKaam will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User.

 

All payment transactions are subject to approval by User’s issuing bank as applicable. If User’s bank refuses to authorize payment, the Seller shall have the right to cancel the Order without any further liability. Further, User agrees that EaseKaam/Sellers will not be held accountable for any delays caused to the delivery in cases where the payment authorization is delayed by User’s bank/ financial institution. User further acknowledges and agrees that User shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by the User.

 

The Sellers have specifically authorized EaseKaam or its service providers to collect, process, facilitate and remit payments electronically or through ‘cash on delivery’ to and from other Buyers in respect of transactions through Pay Facility.

 

User’s relationship with EaseKaam is on a principal to principal basis and by accepting EaseKaam’s Terms & Conditions, User agrees that EaseKaam is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are sold by using the Pay Facility. EaseKaam does not guarantee the identity of any Buyer nor does it ensure that a Buyer or a Seller will complete a transaction.

User understand, accept and agree that the Pay Facility provided on EaseKaam Platforms by Third Party Service provider is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through ‘cash on delivery’, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the Pay Facility on its Platform, EaseKaam is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

User shall not, under any circumstances whatsoever, make any payment directly to the Seller for booking orders using the Platform and if the User pays directly to the Seller then EaseKaam or its Service providers will not be liable in case of any dispute arises out of such transaction. All the claims pertaining to the said transaction shall be made against the Seller only.

 

That the Buyers will also have the choice of visiting the shop/office of the Seller listed on the EaseKaam’s Platform and making the purchase directly by making the payment to the Seller. In such circumstances, EaseKaam shall not liable for any payment or product/service issue arising out of such transaction. All the claims pertaining to the said transaction shall be made against the Seller only.

 

Payment Facility for Buyers:

User, as Buyer, understand that upon initiating a transaction, User is entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Pay Facility, and User shall pay the transaction price through User’s issuing bank to the Seller using Pay Facility.

User, as a Buyer, shall be entitled to claim a refund of the transaction price from the Seller (as Buyer’s sole and exclusive remedy) in case Buyer’s do not receive the delivery of the goods or services being sold by the Seller within the time period agreed in the transaction. In case Buyer do not raise a refund claim using the Platform features within the stipulated time, then this would make Buyer ineligible for a refund. This refund feature will only be available to the Buyer if order is booked and payment is made payment through EaseKaam Platform.

 

User, as a Buyer, understands that refund may not be available in full or in part for certain category of products and/or services and/or transactions and hence User may not be entitled to a refund in respect of the transactions for those products and /or services.

 

Except for ‘cash on delivery’ transactions, refund, if any, shall be made at the same issuing bank from where the transaction price was received, or through any other method available on the third party payment gateway’s website, as chosen by User.

 

For ‘cash on delivery’ transactions, refunds, if any, will be made via Electronic payment transfers in bank account in accordance with the policies adopted by the third party(including delivery partners/Sellers).

 

Refund shall be made in Indian Rupees only.

 

The Seller will immediately provide the Buyer full refund of the amount (after deducting the transaction fees if any) if the Buyer wishes to cancel the order within 3 hours of making the said transaction or before the dispatch of the goods(whichever is earlier). The said condition is applicable only if the payment is done by way of Pay Facility on the Platform, provided that if the payment of product is received by EaseKaam of behalf of the Seller, the refund will be made by EaseKaam within 2-10 business days in the Bank Account of the User.

 

For electronics payments, refund shall be made through payment facility using any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

 

Refunds may be supported for select banks. Where a bank is not supported for processing refunds, User will be required to share alternate bank account details with for processing the refund.

 

Refund shall be conditional and shall be with recourse available to EaseKaam in case of any misuse by Buyer. EaseKaam do not advise the Users to make payment directly in the bank account of the Seller. If the Buyer still makes the payment directly to the Seller (i.e. without using the third party Pay Facility on the platform), EaseKaam cannot be held responsible for dispute regarding the payment between the Seller and Buyer. EaseKaam will also not be able to provide the assistance to the Buyers if payment is made directly to the Seller.

 

EaseKaam may also request User for additional documents for verification.

EaseKaam reserves the right to impose limits on the number of transactions or transaction price from an individual valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

EaseKaam reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of the User Agreement by Buyer with EaseKaam or breach/violation of any Law or any charges imposed by the issuing bank.

 

The Buyer and Seller acknowledge that EaseKaam will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of EaseKaam.

 

Buyer’s arrangement with Issuing Bank:

 

All valid credit / debit/ cash card/ and other payment instruments are processed using payment gateway or appropriate payment system infrastructure and the same will also be governed by the Terms and Conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.

 

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports Pay Facility to provide these services to the Users. All such online bank transfers on Pay Facility are also governed by the Terms and Conditions agreed to between Buyer and the respective issuing bank.

 

Rewards

 

EaseKaam may, in its sole discretion, provide rewards/cashbacks to any or all Users as per its internal policies.

All aspects/policies pertaining to the aforesaid rewards/cashbacks (including but not limited to introduction, amount, criteria, mode, modification, payment and withdrawal) shall be solely decided by EaseKaam. In case of any abuse, misuse or fraud by the Users with respect to rewards/cashbacks, EaseKaam shall have the right to hold and/or adjust the payment of the Users.

 

 

Compliance with Laws

Buyer and Seller shall comply with all the applicable Laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively.

 

Ordering & Delivery

 

EaseKaam enables the Sellers to offer, sell and take order for their products from the Buyers, by providing various details of their products.

 

Self pick-up

 

Buyers shall have the option of self pick-up of the Orders from the Seller’s store. Please note that self pickup Orders shall be done by Buyer or its authorized agents, therefore any dispute regarding the product including but not limited to the quality, defects, return, refunds, etc shall be between the Seller and Buyer. Hence the Seller shall be solely liable and responsible in relation to self pickup orders to the Buyers.

 

User acknowledges that EaseKaam is not liable for any dispute when the Buyer avails the self pickup option, hence EaseKaam shall not be liable for any dispute arising between the Seller and the Buyer if self pickup mode is opted by the Buyer.

 

Delivery by Sellers

 

EaseKaam permits the Sellers to provide delivery of products and services ordered on EaseKaam Platform either through itself or through Seller’s authorized delivery agents/couriers.

 

On EaseKaam Platform the Seller can provide the service of delivery of its products to the Buyers against the charges determined by the Seller.

 

Seller can also use the service of any courier service provider approved by the Seller for delivery of products sold by them. Please note that the delivery of the products are done through Seller or courier service providers approved by the Seller, hence Seller shall be solely liable and responsible in relation to delivery of the Orders to the Buyers.

 

The cost of delivery of the product to the User will be determined by the Seller and it may vary upon different conditions.

 

EaseKaam does not provide delivery services, hence shall not be liable and responsible in relation to the delivery of the Orders to the Buyers.

 

EaseKaam will not be liable for any fraud through Seller/Courier Service approved by Seller. The liability for use of self pickup/delivery mode fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.

 

User assumes sole responsibility for all risks associated with delivery/ self pickup of goods, whether or not such delivery/self pickup are done through the courier service provider approved by the Seller. All disputes regarding deliveries must be resolved by User, and Seller directly.

 

User agrees and accepts that EaseKaam is neither acting as a trustee nor acting in a fiduciary capacity with respect to the delivery of goods. While availing any of the delivery/self pickup method/s available on the Platform, EaseKaam will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User.

 

User’s relationship with EaseKaam is on a principal to principal basis and by accepting Terms & Conditions, User agree that EaseKaam is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform for the delivery/pickup methods. EaseKaam does not guarantee the identity of any Buyer nor does it ensure that a Buyer or a Seller will complete a transaction.

Third Party Links

 

As part of availing the Services, User as a member will provide its personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such financial institutions with whom User may have an account, bank with or have created certain liabilities. EaseKaam does not and cannot assume any responsibility or accuracy for such information or data maintained by such third party either in terms of updation, accuracy, deletion, non-delivery or failure to store data, communications, etc.

 

EaseKaam’s Platform may provide, or third parties may provide, or Platform/s may contain links to other sites or resources. The responsibility for the operation and content of those websites shall rest solely with the organization identified as controlling the third party website and will be governed by separate terms and conditions. Links are provided for convenience and inclusion of any link does not imply endorsement in any way of the site to which it links.

 

Because EaseKaam has no control over such sites and resources, User acknowledge and agree that EaseKaam is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
User further acknowledge and agree that EaseKaam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Limitation of Liability

 

EaseKaam shall in no event be responsible or liable to the User or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss on profit, revenue or business, business interruption, loss of programs or information or loss of savings or any other damages arising in any way, shape or form- out of the availability use, reliance on, or inability to utilize the Service arising in whole or in part from User’s access to the website, User’s use of the Service, User’s purchase of products through the website or this agreement, even if EaseKaam has been advised of the possibility of such damages.

 

EaseKaam’s liability under all circumstances is limited to the amount of charges/ fees, if any, paid by User to the EaseKaam. EaseKaam, its Personnel and Internal Service Providers and Technology Partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any information or communication provided on or through the use of the Platform or that of the operation of the Platform or Pay Facility will be error free and/or uninterrupted. EaseKaam assumes no liability whatsoever for any monetary or other damage suffered by User on account of: (a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform or Pay Facility; or (b) any delay, failure, interruption or errors in the operation of the Platform or Pay Facility.

 

EaseKaam will not be liable to User or any Third Party to perform any obligations under Terms & Conditions in the event that such non performance arises as a result of occurrence of event beyond the reasonable control of EaseKaam including the act of War or Terrorism, failure of electricity supply, natural disaster, pandemic or any other event of Force Majure.

 

Indemnification

 

User agree to defend, indemnify and hold harmless EaseKaam, its employees, partners, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, Losses, costs and expenses, including attorney’s fees, which may result in any loss, damage or liability to EaseKaam, other Users or to any third party, on account of (including but not limited to) breach of any warranties, representations or undertakings, or in relation to the non-fulfillment of any of User’s obligations under Terms & Conditions, or arising out of User’s violation of any applicable Laws and regulations.

 

Privacy Policy

By using the Platform and/or by providing User’s Information, User consent to the collection and use of such Information disclosed by User on the Platform and on the Pay Facility (if applicable), by EaseKaam. The personal information / data including but not limited to the information provided by User to the Platform /Pay Facility (if applicable) during the course of User being a registered User shall be retained in accordance with the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and applicable Laws including but not limited to Information Technology Act, 2000 and rules there under.

 

If the User do not agree to User’s information being transferred or used in this way, please do not use the Platform.

 

EaseKaam views the protection of User’s privacy as a very important community principle. EaseKaam clearly understands that User and the personal information provided by it is one of the most important assets to EaseKaam. EaseKaam stores and processes the information provided by User that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Laws.

 

Termination

 

EaseKaam may terminate this agreement /Terms & Conditions at any time and may do so immediately without notice, and accordingly deny User access to the EaseKaam Platform. Any such termination will be without any liability to EaseKaam.

 

Grievance Redressal Mechanism

 

In case of any grievance, objection or complaint on User’s part with respect to the Platform, other Users or EaseKaam, including any complaints or enquiry about suspension, termination or blocking of User’s membership or right to use the Platform, User should promptly raise such grievance or complaint with us and provide us with all necessary information and/or documents to enable us to try and resolve the issue.

 

Confidentiality

 

All communications between the User and EaseKaam and all confidential information given to or received by User from EaseKaam, and all information concerning the business transactions of EaseKaam with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by User (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing to EaseKaam.

 

Further EaseKaam may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than other Users of the Platform.

 

This confidentiality obligation shall survive the termination of the agreement with and the User account of the concerned User.

 

Severability

 

If any of the provisions of EaseKaam’s Terms & Conditions is determined to be illegal, invalid or otherwise unenforceable by reason of the Laws of any state or country in which EaseKaam’s T&Cs are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms & Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law and Jurisdiction

 

EaseKaam’s Terms & Conditions shall be governed, interpreted, and construed in accordance with the Laws of India, without regard to the conflict of Law provisions and for resolution of any dispute arising out of User’s use of the Services in relation to these Terms & Conditions read with other Terms & Conditions or Privacy Policy. Notwithstanding the foregoing, User agrees that (i) EaseKaam has the right to bring any proceedings before any court/forum of competent jurisdiction and User irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by User shall be exclusively before the courts in Kanpur, Uttar Pradesh, India.