Terms & Conditions
Updated on 01st June, 2021
Welcome to EaseKaam.com. EaseKaam and its affiliates provide access to the EaseKaam Platform to you subject to the conditions set out on this page.
Please read these conditions carefully before using the EaseKaam Platforms. By using the EaseKaam Platform, you signify your 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.
The Platform is owned by EaseKaam L.L.P., a firm having its registered office at 124/ V /10 Govind Nagar Kanpur, Uttar Pradesh 208006 India and corporate office at Shop No. 11, First Floor, Govind Nagar, Kanpur, Uttar Pradesh 208006 India (hereinafter referred to as “EaseKaam”).
For the purposes of these Terms & Conditions, wherever the context so requires, ‘You’ and ‘Your’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become Seller on the Platform by providing registration details while registering on the EaseKaam Platforms. 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 and the word ‘User’ shall collectively imply a Seller, a Buyer, and or any visitor on the Platform. “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.
These Terms & Conditions contain rules, regulations, policies, 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 EaseKaam’s Terms & Conditions. 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. If you transact on the Platform, you shall be subject to the policies that are applicable on the Platform for such a transaction. By mere use of the Platform you shall constitute your binding obligations with EaseKaam. As long as you comply with EaseKaam’s Terms & Conditions, EaseKaam will grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform. By impliedly or expressly accepting the Terms & Conditions, you also accept and agree to be bound by all of EaseKaam Policies, Terms & Conditions applicable to you as amended, from time to time.
As User, the User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action is 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, Terms & Conditions 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.
You acknowledge and agree that we may, in our sole discretion, amend the EaseKaam Terms and Conditions by posting the relevant amended and restated EaseKaam’s Terms and Conditions on the Platform and such amendments to the EaseKaam’s Terms and Conditions are effective as of date of posting. You are advised to check EaseKaam’s 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, Terms & Conditions, Policies which in the opinion of EaseKaam, has the effect of diminishing the User’s existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User agreement, Terms & Conditions and Policies 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 you do not agree to any changes to the Terms and Conditions, you must stop accessing or using the EaseKaam Platform and the Services.
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 shall not register as a Seller on the Platform, transact or use the Platform. 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 User is under the age of 18 years and transacting on the Platform.
If you wish to register as a business entity, you represent that you are duly authorized by the business entity to accept EaseKaam’s Terms &Conditions and you have the authority to bind the business entity to EaseKaam Terms & Conditions.
Registration of Seller and Obligations:
A Seller 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 Seller in order to be eligible to access the relevant Services. If you use the Platform, you shall be responsible for maintaining the confidentiality of its Display Name and Password and you shall be responsible for all activities that occur under User’s ID and Password. You agree that if you provide 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 EaseKaam’s Terms & Conditions, EaseKaam shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide you with access to the Platform.
If User uses the Platform that would impliedly means that you hereby agrees and acknowledges that the Platform will grant access to any person who has obtained your username, password and code in the same manner as it would have granted access to you and you shall be responsible for all activities conducted under your username, password and any code. You shall be responsible for maintaining the confidentiality of your account access information and password, if you are registered on the Platform. You shall be responsible for all usage of your account and password, whether or not authorized by the EaseKaam.
You shall immediately notify EaseKaam of any actual or suspected unauthorized use of your account or password. Although 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 your username, password, user code or any unauthorized use of your account, and you shall be liable for any losses suffered by EaseKaam or such other parties as the case may be, due to any unauthorized use of your account.
As per our policy, the Seller’s account will be put on hold for a period of 90 days if a Seller requests for a closure of the account. This time period is to ensure smooth closure of transactions which have been made prior to closure request. During this time the Seller can download payment and taxation reports, if required.
The Seller will be required to again send us the confirmation after a period of 90 days stating that the Seller has downloaded the reports and requested for a deactivation again.
The Seller’s account will be deactivated upon receiving the confirmation, provided that there are no outstanding payments due from the Seller.
EaseKaam reserves the right to retain certain information all the time such as registered mobile number, registered email ID, GSTIN and other transaction related information. The said retained information will be used for the audit purposes and to prevent fraudulent acts by the Sellers in the future.
If a Seller decides to commence his business with us again, he/she will not be able to create a new account but the older account can be restored if it is required.
Platform for Communication:
Seller agrees to keep itself updated with all data, information and communication pertaining to Seller available on the Platform. Seller further agree that Seller’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 Seller 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.
Seller understands that Seller may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Seller’s mobile device). Our communications to Seller may include communication that would inform Sellers about various features of our Services. The EaseKaam may also send Seller promotional information unless Seller has opted out of receiving such information.
EaseKaam may need to provide Seller with certain communications/notifications, such as Service announcements and administrative messages. These communications are considered part of the Services and Seller may not be able to opt-out from receiving them. If Seller adds its phone number to its account and Seller later change or deactivate that phone number, Seller must update its account information to help prevent us from communicating with anyone who acquires Seller’s old number.
Platform for Transaction and Communication
That EaseKaam acts as a mediator between 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 and services, shipping 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 fulfilment, 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 & 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, 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.
Use of the Platform
Sellers agree, undertake and confirm that Seller’s use of Platform shall be strictly governed by the following binding principles:
- Seller shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- belongs to another person and to which such Seller does not have any right to;
- is grossly harmful, harassing, profane, defamatory, obscene, pornographic, pedophilic, libelous, 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;
- is misleading or misrepresentative in any way;
- 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;
- harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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;
- 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;
- 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, EaseKaam’s prior written consent means a communication coming from EaseKaam’s authorized representative, specifically in response to Seller’s request, and expressly addressing and allowing the activity or conduct for which Seller 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 EaseKaam’s 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 us or causes us to lose (in whole or in part) the Services of our internet service provider or other suppliers.
- In case of any action, omission, transaction or attempted transaction which is voilative of EaseKaam’s Terms & Conditions or applicable Laws comes to User’s knowledge, User shall forthwith take all steps to inform the EaseKaam of such violation.
- Seller 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 reserve its right to prohibit any such activity and take appropriate legal action.
- Seller 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.
- Seller 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. Seller 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 Seller, 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.
- Seller 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.
- Seller 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, local levies) regarding Seller’s use of our Service and Seller’s listing, purchase, solicitation of offers to purchase, and sale of products or services. Seller 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.
- In order to allow EaseKaam to use the information supplied by Seller, without violating Seller’s rights or any Laws, Seller 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 Seller have in its information, in any media now known or not currently known, with respect to Seller information. EaseKaam will only use Seller’s Information in accordance with EaseKaam’s Terms & Conditions and all the Policies applicable to use of the Platform.
- From time to time, Seller shall be responsible for providing information relating to the products or services proposed to be sold by Seller. In this connection, Seller undertakes that all such information shall be complete, accurate and not misleading in all respects. Seller shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other Users in any manner.
- Seller 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. Seller 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 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. Seller 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 Seller hereby expressly authorize us to) disclose any information about Seller 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.
- 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 Laws or either the spirit or letter of EaseKaam’s Terms & Conditions. Notwithstanding this right, Seller remains solely responsible for the content of the materials Seller posts on the Platform and in its private messages. Please be advised that such content posted does not reflect 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. Seller hereby represent and warrant that Seller have all necessary rights in and to all content which Seller 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 libelous, tortious, or otherwise unlawful information.
- Seller’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 Seller 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 Seller may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about Seller due to Seller’s use of the Platform, and that the recipient may use such information to harass or injure the Seller. EaseKaam do not approve of such unauthorized uses, but by using the Platform, Seller 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 Seller 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 email@example.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 EaseKaam through the Platform. Currently, the EaseKaam is charging a subscription fees from the Sellers for registration and listing its products on its 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. Sellers are requested to visit the Terms & Conditions and various Policies links on the Platform often to keep abreast of any amendments.
Seller confirm that EaseKaam’s Terms and Conditions 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 Sellers are party or by which Sellers are bound or to which any of Seller’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 Seller’s duties hereunder. Sellers 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 Seller’s part of the Terms & Conditions, User Agreement or EaseKaam Policies, Seller agree to, forthwith upon delivery of notice by EaseKaam, make good such losses or damages or claim amounts suffered by the EaseKaam.
Seller confirms that there is no action, suit or proceeding pending against Seller or to Seller’s knowledge, threatened in any court or by or before any other Authority which would prohibit Seller’s entering into or performing obligations under this Agreement or any other Agreement/Policy of EaseKaam.
Seller confirms that Seller shall not transfer its account and shall not assign any rights and obligations under the User Agreement/Terms& Conditions to any third party without the specific prior written permission of EaseKaam.
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)/Companies 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.
Selling on EaseKaam
A registered Seller shall be entitled to sell its products through EaseKaam Platform in accordance with EaseKaam Policies and Terms & Conditions laid down by EaseKaam if:
- Seller is legally permitted to sell the products listed for sale through EaseKaam Platform and must have all the necessary licenses and permits required for such sale.
- The listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
- Products listed on EaseKaam Platform may only include text descriptions, graphics, pictures or videos that describe products for sale.
- Products listed on EaseKaam Platform must be listed in an appropriate category.
- Sellers must keep the listed products in stock for successful fulfillment of sales.
- The description of the listed products must describe the actual condition of the product and should not be misleading.
- Sellers agree to refund any amount that Sellers may have received from the Buyers in case where return policy is properly followed by the Buyers.
- Sellers should not list single product in different categories on EaseKaam Platform. EaseKaam reserves the right to delete such multiple listings of the same product listed by Sellers in various categories. EaseKaam reserves the right to restrict the selling of products originating from certain countries.
- Sellers will adhere upon the conditions (including but not limited to the price, discount, use of intellectual property rights, etc) that may be implied by the Brands that Sellers wishes to sell on the EaseKaam Platform. These conditions can be imposed by the Brands/Companies directly on the Seller(s) or can also be imposed upon EaseKaam for restricting the Sellers to sell their product(s).
- For food and nutrition category, Seller shall adhere to the minimum balance shelf life norms as provided by the government agencies from time to time.
- Seller shall keep the records of all the necessary documents like purchase invoices, licenses, permission letter to use intellectual property rights of products that Seller wants to sell on EaseKaam Platform, product dispatch proof, etc. and provide the same to EaseKaam as and when asked by EaseKaam in the process of Due Diligence.
Content Posted on the Platform
Seller acknowledges and accepts that EaseKaam is merely an intermediary and EaseKaam has no responsibility or liability over all (intellectual properties including text, graphics, Seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information collectively called as “Content”) as these Content belongs to the third-party.
Users agree that no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without prior written consent of EaseKaam except as expressly provided in the Terms and Conditions or other policies of EaseKaam.
Seller is only authorized to download or use the contents only if Seller:
(1) makes no modifications to any Content;
(2) do not remove any proprietary notice language in all copies of such Content;
(3) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media; and
(4) do not make any additional representations or warranties relating to the Content.
The Content posed by the Seller will become EaseKaam property and Seller agrees to grant EaseKaam the worldwide, perpetual, royalty free and transferable rights in such content. Seller further agrees that any content posted by Seller may be used by EaseKaam, and Seller is not entitled to any payment or other compensation for such use.
Compliance on Selling
Seller will also need to comply with the provisions of the Taxes (including but not limited to) the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the Goods/Services supplied by Seller.
Seller will be responsible to charge appropriate Taxes on the products sold by the Seller and Seller should also be responsible for remittance of the said Taxes to the Government. EaseKaam shall not be responsible for any deficiency and/ or omission on part of the Seller.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, EaseKaam would collect tax at source at applicable rates on net value of taxable supplies made through EaseKaam and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, Seller shall be required to provide all relevant information to EaseKaam to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be Seller’s obligation to pay such deficit.
Seller is also required to provide Harmonized System Nomenclature (HSN) code number for every product listed on the EaseKaam Platform. EaseKaam reserves the right to delist the product in if HSN number is not provided with the products and Seller will no longer be able to sell the product through EaseKaam Platform.
Transactions on Seller’s account will be blocked if the Seller fails to provide GSTIN number to EaseKaam.
In the event of any conflict between the Terms & Conditions of this clause and any other clause in Terms & Conditions, the provisions of this clause will prevail.
As per Section 194-O of the Finance Act, 2020, EaseKaam will deduct TDS on the gross Sale amount (excluding GST) of Goods or provision of Services provided through EaseKaam Platform at 1%.
Seller agrees to the responsibility of issuing correct and complete invoice against the products sold by the Seller on EaseKaam Platform. Notwithstanding anything else contained in EaseKaam’s Terms & Conditions, the Seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.
Seller shall also ensure that invoices should state ‘Powered by EaseKaam’ and failing to do so, a Seller shall be liable to chargebacks (as applicable).
Sellers agrees that EaseKaam will have the right to deduct the chargebacks from the Seller remittances, present and future, that levied by the banks. In such case the only remedy available with the Seller is to discuss and resolve the issue with the bank. Seller further agrees to provide full co-operation to the Buyer in resolving the chargeback disputes raised through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. EaseKaam will be entitled to recover the amount of chargeback if the bank is not satisfied with the Seller and the bank’s decision shall be final and binding in this regard.
License to Sellers
Sellers registered on the EaseKaam Platforms are granted a limited, non-sub licensable, non-transferable, non-assignable, non-exclusive and personal license to use “EaseKaam” and/or “EaseKaam.com” name and/or logo on invoices for the products for transactions concluded through EaseKaam Platform.
Further, Sellers are also authorized by the EaseKaam to use limited, non-sub licensable, non-transferable, non-assignable, non-exclusive and personal license to use “EaseKaam” and/or “EaseKaam.com” name and/or logo on packing material for delivery of products sold on the Platform by the Sellers.
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. The Seller agrees that the transaction fees (if any) 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 Platform 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. EaseKaam does not make any representation that the prices quoted on the Platform will match the offers provided by Sellers.
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/Terms & Conditions, EaseKaam reserves the right to recover the cost of product(s), collection charges, attorney’s charges etc., from User using the Platform fraudulently. Further, EaseKaam reserves the right to initiate legal proceedings against such persons for fraudulent use of the EaseKaam/s and any other unlawful acts or acts or omissions in breach of EaseKaam’s Terms and 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. Users agree that EaseKaam will not be liable for any dispute that arises between the Seller and Buyer with respect to said payment.
In the event EaseKaam has inadvertently made any excess payment to the Seller, such excess payments shall be set-off from any future payments payable by EaseKaam to the Seller.
In order to enable Buyers to use paid Services on the Platform, EaseKaam facilitates the provision of Pay Facility by a third-party service provider 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 EaseKaam’s Terms
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 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, 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 or 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 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 that are paid for 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 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 Order bookings made using the Platform and if the User pays directly to the Seller, 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 made directly to the Seller. All the claims pertaining to the said transaction shall be made against the Seller only.
Seller will ensure that the products should be dispatched within the time period as provided in the Terms & Conditions and other EaseKaam Policies to ensure that the products and/or services are delivered in a timely manner. Further, Seller will solely be responsible for undertaking transit insurance for products sold by Seller on the Platform.
All disputes in relation to the delivery of Orders shall be directly settled by the Seller in case of delivery and with the Buyers, without the intervention of EaseKaam.
EaseKaam reserves the right to cancel the transaction if the Seller fails to provide the details of dispatch and after-sales services related to products and services listed on EaseKaam Platform. Said details should be provided in such a manner and within a time period as provided in the Policies.
Shipping & delivery of the products should be done by the Seller either by itself or through Courier Service Providers approved by Seller which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ documentation. Seller should maintain such documents relating to delivery for a period of 3 (three) years from the date of dispatch. The said documents should be furnished to EaseKaam as and when required by EaseKaam.
Details of dispatch furnished by the Seller should be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
EaseKaam reserves the right of delaying in notifying the Seller about the payment confirmation or EaseKaam may ask the Seller not to dispatch the product(s) if the transaction is suspicious or a Buyer conducts high transaction volumes to ensure safety of the transaction and transaction price.
EaseKaam may also hold transaction price and may ask the Seller not to dispatch the product(s) or remit transaction price to government agencies at the request of government officials or in the event of a Buyer being engaged in any form of illegal activity.
Sellers acknowledge that in a situation where the transaction or its payment is not processed or processed with delay by EaseKaam due to the reason that is beyond the control of EaseKaam, EaseKaam will not be liable for any such damages, interests, claims etc. resulting from said delay or non-processing.
Sellers agree that the transaction amount will be processed into the bank account provided by a Seller during the Seller registration process and once the payment is made to the Seller, EaseKaam shall be discharged of any/all liabilities towards the Seller and the Seller shall not be eligible for any claims whatsoever,
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 for using the payment facility. Seller undertakes that while listing & selling their products on EaseKaam Platform, they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply and sell the products on EaseKaam Platform under applicable Laws, from time to time.
Seller is bound to immediately inform EaseKaam about suspension, termination, expiry, non-compliance, etc. of the license or permission that is necessary for selling its products. Seller agrees that EaseKaam is not liable and assumes its sole liability if there is any failure on the part of Seller in non-compliance of the said condition.
Seller shall comply with all Laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions Laws and regulations. Neither party will engage in a transaction pursuant to EaseKaam’s Terms & Conditions that will cause the other party to violate such regulations.
Seller agrees that in the event of receiving any the information about the Buyer that is provided by EaseKaam, the Seller will:
- keep and maintain all Personal Information about the Buyer and EaseKaam in strict confidence and the obligation to protect Personal Information shall survive in perpetuity ;
- comply with applicable data protection Laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
- not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorized disclosure of Personal Information about the Buyer and EaseKaam to any third party.
- Process EaseKaam’s Personal Information solely to fulfil obligations under Terms & Conditions and other EaseKaam Policies.
Seller undertakes sole and exclusive responsibility that it will ensure that the products listed by Seller are not banned/ permitted for sale under the applicable Laws.
EaseKaam may terminate this Agreement / Terms & Conditions at any time and may do so immediately without notice, and accordingly deny User’s access to the EaseKaam Platform if it is found that any Terms & Condition or EaseKaam Policies are not complied by the Seller. Any such termination will be without any liability to EaseKaam.
Notwithstanding the foregoing, if Seller breaches the Terms & Conditions or other rules including EaseKaam Policies, EaseKaam reserve the right to recover any amounts due and owed by Seller to EaseKaam and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings.
Seller agrees to defend, indemnify and hold harmless EaseKaam, its employees, officers, partners, 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 Seller’s obligations under Terms & Conditions, or arising out of Seller’s violation of any applicable Laws, regulations(including infringement of Intellectual Property Rights of third parties).
Intellectual Property Rights
Seller acknowledges and agrees that this Website 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. Seller further acknowledge and agree 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.
Seller 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.
Seller 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.
EaseKaam also respects the Intellectual Property Rights of others. In case you feel that your Intellectual Property Right has been infringed, you can write us at firstname.lastname@example.org
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.
Governing Law and Jurisdiction
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.