Creativedial Consultancy Services Pvt. Ltd. | M.M.S. 2/19, Sitapur Rod. Yojna, 226021 Lucknow IN
My E-Haat
Creativedial Consultancy Services Pvt. Ltd. | M.M.S. 2/19, Sitapur Rod. Yojna, Lucknow, IN
+919650428330 https://www.myehaat.in/s/609e53c38fa6f71798cbe26e/658a696a35426a4aa7977ab2/my-e-haat-logo-3-480x480.png" [email protected]

Seller Agreement

Seller Registration Agreement

 

Creativedial Consultancy Services Private Limited (CCSPL) Comprehensive Business Solutions for E-Commerce Agreement (CBSEC)

 

General Terms

 

Welcome to CCSPL Comprehensive Business Solution for E-Commerce (CBSEC), a suite of optional merchant services including Registering and Selling on MyEhaat.

 

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICE OR SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND “CREATIVEDIAL CONSULTANCY SERVICES PRIVATE LIMITED” (CCSPL) FOR “COMPREHENSIVE BUSINESS SOLUTION FOR E-COMMERCE” (CBSEC) MARKETPLACE “WWW.MYEHAAT.IN, MY E-HAAT POWERED BY HCL FOUNDATION” BY REGISTERING AS A SELLING PARTNER FOR SELLING YOUR PRODUCTS AND USING THE MYEHAAT.IN PORTAL UNDER COMPREHENSVE BUSINESS SOLUTION FOR E-COMMERCE AS A SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

 

As used in this Agreement, "we," "us," and "myehaat.in" means the Creativedial Consultancy Services Private Limited Company PROVIDING SERVICE UNDER CCSPL-CBSEC named in the applicable Service Terms.

 

  1. Enrolment

 

To begin the enrolment process, you must complete the registration process as a seller for myehaat.in. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business) legal name, address, phone number, e-mail address, applicable tax registration details as well as any other information we may request. Any personal data you provide to us will be handled in accordance with CCSPL Privacy Policy.

 

  1. Seller Registration Fee and other Fees.

 

There is no fees for registration as a seller on myehaat.in. There is no fees for listing products or selling products through myehaat.in for any registered seller. If any change in seller fee structure made in future, CCSPL will update the same in this seller agreement and give minimum 15 day time for seller to accept or reject.

 

  1. Term and Termination

 

The term of this Agreement will start on the date we approve your registration for use of myehaat.in portal e-commerce Service and continue until terminated by us or you as provided below. You may at any time terminate your registration followed by your use of myehaat.in portal e-commerce service as a seller by giving us notice to via e-mail on any working day. On such notice we will unpublish your account and related products within two working days.

We may terminate your use of our Services or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of this Service immediately if we determine that

(a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or

(c) your use of the Service has harmed or our controls identify that it might harm other sellers, customers, or myehaat.in legitimate interest. We will promptly notify you of any such termination or suspension via e-mail, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that

(d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, and

(e) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14and 15 of these General Terms survive.

 

  1. Licence

 

You grant us a royalty-free, non-exclusive, worldwide right and licence for the duration of your original and derivative intellectual property rights during the Term and for as long thereafter as you are permitted to grant the said licence under applicable Law to use any and all of Your Materials for the myehaat.in e-commerce  service, and to sublicense the foregoing rights to our Affiliates for myehaat.in and operators of CCSPL Associated Properties for myehaat.in; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).

 

 

  1. Representations

 

Each Party represents and warrants that:

  • if it is corporate entity (Limited, Pvt. Limited, LLP, Partnership Firm, Sole Propriety, NGO, NPO, Society, Trust) it is duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year;
  • if it is an Individual (Artisan, Craftsman, Curator) it has duly organised setup, valid place and address for order pickup, Indian citizen with valid and active bank account and Aadhar.
  • it has all requisite right, power and authority to enter into this Agreement and perform its obligations and grant the rights, licences and authorizations it grants hereunder;
  • it will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in its performance of its obligations and exercise of its rights under this Agreement

 

  1. Indemnification

 

6.1 You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any third party claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to:

  • your actual or alleged breach of any representations you have made;
  • any sales channels owned or operated by you, Your Products including the offer, sale, order processing (except to the authorised order processing on myehaat.in), refund, cancellation, adjustments, or return thereof, Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death or property damage related thereto; or
  • Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or
  • your non-compliance with applicable laws.

 

6.2 CCSPL and myehaat.in’s indemnification obligations. CCSPL and Myehaat.in will defend, indemnify, and hold harmless you and your officers, directors, employees and agents against any third-party Claim arising from or related to:

  • CCSPL or myehaat.in’s non-compliance with applicable laws; or
  • allegations that the operation of an myehaat.in Site infringes or misappropriates that third party’s intellectual property rights.

 

6.3 If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party. 

 

  1. Disclaimer

 

  1. CCSPL and THE MYEHAAT.IN SITE AND THE SERVICE provided by CCSPL for myehaat.in seller, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICE OR SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICE, YOU ACCESS THE MYEHAAT.IN SITE, THE SERVICE AND ANY ONLINE PORTAL OR TOOL PROVIDED BY MYEHAAT.IN TO HELP YOU AVAIL THE SERVICE AT YOUR OWN RISK. EXCEPT AS SET FORTH IN SECTION 5 ABOVE, WE AND OUR AFFILIATES WAIVE AND DISCLAIM:

 

(1) ANY REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES, DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;

(2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND

(3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MYEHAAT.IN SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS.

SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY. IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT.

 

  1. Limitation of Liability OF CCSPL AND MYEHAAT.IN

 

WE WILL NOT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, DELICT INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY OR OTHERWISE TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF MYEHAAT.IN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.

 

  1. Tax Matters

 

Your use of Services is subject to CCSPL tax policies for myehaat.in’s. You will comply with any applicable tax laws and fulfil all obligations to the tax authorities in a timely and complete manner.

 

  • For GST Registered Sellers: For GST registered seller, all published product price should be inclusive of GST. Its seller responsibility to collect the appropriate tax from the buyer. Its seller’s responsibility to upload and update the respective HSN number and tax slab along with every product during uploading of product through seller dashboard. If seller do not collect tax or collect inappropriate tax or not filing its collected taxes and the penalty or litigation raised due to any such action than that respective seller has to pay the litigation fees and the penalty imposed by the litigating authority to the CCSPL or myehaat.in to CCSPL in the same calendar month.
  • For non GST registered Seller: CCSPL for myehaat.in will add appropriate tax above the product price entered by the seller with its product through seller dashboard. CCSPL will deposit all collected tax for the sold product to the respective authority.

 

  1. Confidentiality and Personal Data

 

During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 8 years after termination:

  • all Confidential Information will remain with CCSPL and its affiliates exclusive property except for customer personal data owned by the respective customer;
  • you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and
  • you will not, and will cause your affiliates not to, directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates, except as required to comply with law;
  • you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and
  • you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfil your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations.

 

The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. 

 

  • You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
  • You may only use the CCSPL and My E-Haat Mark as defined in and according to the Trademark Usage Guidelines made available to you on your request to us; you may not use our or other seller’s name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines provided to you without our advance written permission.
  • You may not use any customer personal data (including contact information) for any purpose other than fulfilling orders or providing customer service in connection with a Service. Generally, you may not use such data in any way inconsistent with applicable law.
  • You must keep customer personal data confidential at all time (the above 8 years’ term limit does not apply to customer personal data).

 

  1. Force Majeure

 

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

 

  1. Relationship of Parties

 

You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. My E-Haat is not an auctioneer, neither is it an intermediary between the customer and the seller. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us.

 

  1. Modification

 

We will provide at least 15 days’ advance notice in accordance with Section 15 for changes to the Agreement.

 

However, we may change or modify the Agreement at any time with immediate effect

  • for legal, regulatory, fraud and abuse prevention, or security reasons;
  • to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or
  • to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification in accordance with Section 15.

 

Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 13 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.

 

  1. Password Security

 

Any password we provide to you may be used only during the Term to access Your Account, respectively, (or other tools we provide) to use the Service, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use Your Account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

 

  1. Miscellaneous

 

This Agreement will be governed by the laws of India, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. The laws of India govern this Agreement and your use of the Service and Services, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. Any dispute or claim of any nature relating in any way to your use of any Service and Services covered under this Agreement will be adjudicated through arbitration, by a sole arbitrator to be appointed by CCSPL for myehaat.in. The arbitral proceedings shall be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996 or such statutory amendments thereof (“Arbitration Act”). The arbitration proceedings will be conducted in English and the venue of the arbitral proceedings shall be Delhi, India. Each party agrees that courts in Delhi will have the sole and exclusive jurisdiction over all arbitral applications.  The fast track procedures under the Arbitration Act will apply to all proceedings as stipulated.

 

You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void provided, however, that upon notice to myehaat.in, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement:

 

  • in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction;, or
  • to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for CCSPL and myehaat.in as the party to this Agreement.

 

Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

 

CCSPL and Myehaat.in retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Policies.

 

The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail.

 

You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under applicable Laws.

 

Myehaat.in will provide notice to you under this Agreement by e-mailing changes to your registered e-mail address available on seller dashboard or if possible on the  seller dashboard itself or on Myehaat.in site or by similar means. You must send all notices and other communications relating to Myehaat.in to our Selling Partner Support team via Seller dashboard (if possible), email, the Contact Us form, or similar means. We may also communicate with you in connection with your listings, sales, and the Services electronically and in other media, and you consent to such communications. For contractual purposes, you consent to receive such communications through any mode including WhatsApp Message, SMS, e-mail, phone calls etc. If at any time, now or in the future, you decide to change your preferences, visit the Seller dashboard page via https://www.myehaat.in/en/seller/login and follow the steps.

 

You may change your e-mail addresses or phone numbers via Your seller dashboard as well as you have to notify us through e-mail regarding any changes you made on dashboard. Please update these details (including your legal name and address) as often as necessary to ensure that they are accurate.

 

Please continue to use Seller Dashboard as the primary means of managing your orders and seller account. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.

 

 

Definitions

 

As used in this Agreement, the following terms have the following meanings:

 

"Affiliate" means with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with, such entity, except with respect to CCSPL for myehaat.in, "Affiliate" means solely its Affiliates domiciled in India.

 

“CCSPL Associated Properties for myehaat.in” means any website or any offline temporary and permanent setup and arrangement or other online point of presence, other than the myehaat Site, through which any myehaat Site or products or services available thereon are syndicated, offered, merchandised, advertised or described.

 

"My E-Haat Site" means www.myehaat.in

 

"Business Days" means any day of the week (excluding Saturdays, Sundays and public holidays) on which commercial banks are open for business in New Delhi, India and Lucknow, Uttar Pradesh, India.

 

“Confidential Information" means information relating to us, to the Service and Services for Myehaat.in customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services, data derived from the Services except for data (other than customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Service and Services. For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.

 

"Content" means copyrightable works and other content protected under applicable Laws.

 

“Dispute committee” means a committee of myehaat.in, stake holder, project funder and associated partners officials to address any dispute or special concern raised by any seller or buyer.

 

"Excluded Products" means any products or other items set forth in the excluded products list for the My E-Haat Site or any other My E-Haat Program Policy that applies to your use of a Service, and any other products or other items that in My E-Haat 's sole discretion are not supported for a Service.

 

“Executed order” means accepting the order, packaging of exact ordered product and handing over to shipping agent assigned by the myehaat.in including the respective bill and manifest. In case of replacement, Executed order will be considered complete only when the replaced shipment given to shipping agent.

 

"Intellectual Property Rights" means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

 

"Law(s)" means any law, ordinance, rule, regulation, order, licence, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.

 

"Local Currency" means Indian Rupees (INR).

 

"Order Information" means, with respect to any of Your Products sold through the
My E-Haat Site, the order information and shipping information that we provide or make available to you.

 

"Person" means any individual, company, corporation, partnership, limited liability partnership, governmental authority, association, joint venture, division or other cognizable entity, whether or not having distinct legal existence.

 

“Technical Product Information” means the information of products like its Selling Price, Barcode, ISBN, HSN, Selection of appropriate GST tax, Packaging Dimensions, Packaging weight, Inventory, Disclaimer including its shipping dimensions and perishability of the product if any.

 

“Product Information” means the information other than technical information like Description, Features, Attributes, Compare price, Product dimensions and Weight, Appearance, Care Instruction and any other detail required for selling the product or field given in ADD PRODUCT link in seller dashboard.

 

"Purchase Price”

  1. for GST Registered Sellers" means the total gross amount payable or paid by a customer for Your Product including taxes and excluding Portal Service Fee, payment gateway charges, Service Charge, Transactional Charge, shipping and handling charges and customs duties if any.
  2. For Non GST Registered Sellers means the total gross amount payable to seller after its product got sold on myehaat.in excluding taxes, Portal Service Fees, payment gateway charges, Service Charge, Transactional Charge, Shipping and handling charges and customs duties if any.

 

"Sales Proceeds" means the gross sales proceeds paid by customers in the course of any of your product purchase, including the Purchase Price, all shipping and handling, gift wrap and other charges, portal service fee, payment gateway charge, any taxes and customs duties.

 

"Seller Dashboard" means the online portal and tools made available by My E-Haat to you, for your use in managing your orders, inventory and presence on the My E-Haat Site.

 

"Service" means each of the following services that My E-Haat makes available on or in connection with the My E-Haat Site: Registration as a seller on myehaat.in, uploading of products, managing of orders and inventory through seller dashboard and selling of product through myehaat.in, pickup and delivery service provided by myehaat.in vendor

“Services” means any additional service or services provided or opted by seller other that mentioned in the definition of service.

 

"Service Terms" means the service terms specific to each Service (not for other Services) set forth herein or and made a part of this Agreement upon the date you elect to register for the applicable Service.

 

"Settlement Amount" means Sales Proceeds (which you will accept as payment in full for the sale minus shipping, handling and any other additional charges on Your Products), less:

 

  1. any previous fees due and refund due to any reason;
  2. charges applied by bank or payment gateway in our remittance of payment to you;
  3. any refunds due to customers in connection with the myehaat Site; and
  4. tax collected at source under applicable Law.

 

"Technology" means any:

  1. ideas, procedures, processes, systems, methods of operation, concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction;
  2. interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and
  3. software, hardware, code, technology or other functional item.

 

“Successfully Closed Order” means the ordered product delivered to the buyer’s address and return window is also closed. In case of return or replacement or any concern raised by the buyer, “successfully closed order” as a status will be considered only when the replacement or return or acceptance of solution by the buyer get completed.

 

"Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under applicable Laws.

 

"Your Account" means the particular seller account in our systems, in which information about Your business or business you represent and Transactions is recorded, and which is one of the online portals and tools which My E-Haat may make available to you, for your use in managing your orders, inventory and presence on the My E-Haat Site.

 

"Your Materials" means all Technology, Your Trademarks, Content, Required Product Information, data, materials, and other items provided or made available by you to My E-Haat.

 

"Your Product" means any product that is made available for listing for sale, offered for sale or sold by you through the Selling on My E-Haat e-commerce Service .

 

"Your Sales Channels" means all sales channels and other means through which you or any of your Affiliates offer or sell products, other than physical stores.

 

“Content” means any content provided by you during listing of your product through seller dashboard on my ehaat.in or information, story, visual content, graphical content related of your associates, SHGs, Artisans

 

"Your Taxes" means any and all value added, service, sales, use, excise, import, export, goods and services tax and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through or in connection with the Services, or otherwise in connection with any action, inaction or omission of you or your Affiliates or your or their respective employees, agents, contractors or representatives. Also, as it is used in the by My E-Haat Service Terms, this defined term also means any of the types of taxes mentioned above that are imposed on or collectible by My E-Haat or any of its Affiliates in connection with or as a result of: (a) the storage of inventory, packaging, Your Products and other materials owned by you and stored by My E-Haat; or (b) the Order Processing, shipping, gift wrapping or other actions by My E-Haat to Your Products pursuant to the My E-Haat Service Terms.

 

"Your Trademarks" means Trademarks of yours that you provide to us:

  1. in non-text form for branding purposes; and
  2. separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

 

"Your Transaction" means any sale of Your Product(s) through the My E-Haat Site.

 

 

Selling on myehaat.in Service Terms

 

The selling on myehaat.in e-commerce service (“Selling on myehaat.in”) is a service provided by CCSPL through Comprehensive Business Solution for E-Commerce (CBSEC) allows you to register as a seller on myehaat.in and list your products through seller dashboard on myehaat.in site. These selling on myehaat.in terms are part of CCSPL-CBSEC Agreement, unless specifically provided by otherwise, concern and apply only to your participation in selling on myehaat.in. By Registering for using selling on myehaat.in service, you (on behalf of yourself or the business you represent) agree to be bound by the business solution for e-commerce agreement and these selling on myehaat.in service terms. Unless defines in these selling on myehaat.in service terms (Including the selling on myehaat.in definition), all capitalised terms have the meaning given them in the CCSPL business solution for e-commerce for myehaat.in.

 

S-1. Your Product Listings and Orders

 

S-1.1 Products and Product Information. You will, in accordance with applicable Policies, provide accurate and complete Required Product Information for each product that you make available to be listed for sale through the My E-Haat Site and promptly update such information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on the My E-Haat Site comply with all applicable Laws (including all marking and labelling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for sale on the My E-Haat Site, any Excluded Products; or provide any URL Marks for use, or request that any URL Marks be used, on the My E-Haat Site. For each item you list on the My E-Haat Site, you will provide to us the state or country from which the item ships.

 

S-1.2 Product Listing; Merchandising; Order Processing. You will list Your Products to sell on the My E-Haat Site in the applicable product categories and sub-store with its respective technical and non-technical product information. myehaat.in conduct merchandising and promote Your Products in accordance with the CCSPL-CBSEC Agreement (including via the CCSPL Associated Properties available online and offline or any other functions, features, advertising, or programs on or in connection with the myehaat Site). CCSPL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the myehaat Site. We may use mechanisms that rate, or allow shoppers to rate, Your Products and/or your performance as a seller on the myehaat Site and myehaat.in may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions through your seller dashboard. Sales Proceeds will be paid to you only in accordance with Section S-4.

 

S-1.3 Shipping and Handling Charges. For Seller-listed Products, My E-Haat will determine shipping and handling charges dynamically via associated shipping partner/s at the time of customer checkout in accordance with the technical product information given or updated by you respective to your product and subject to our standard functionality and categorizations for the My E-Haat Site and further subject to any shipping and handling charge Policies for the My E-Haat Site.  Any such amounts, paid by the customer towards shipping and handling charges, shall be our proceeds, subject to deduction of applicable charges as may be determined by our system and we are solely responsible for reporting and remitting any applicable taxes on the shipping and handling charges.

 

S-1.4 Credit Card Fraud. Our associated payment gateway will bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and we jointly will bear all other risk of fraud or loss; provided, that such risk is already addressed by the associated payment gateway and they will also be the party in any such incident.

 

S-2. Sale and Shipment, Refunds and Returns

 

S-2.1 Sale and Shipment. As described in the Executed Order definition by CCSPL-CBSEC for myehaat.in Terms is applicable to you, you will

 

  • duly pack the exact ordered product and handover to shipping agent assigned to you, If in case we did not find any shipping agent or successfully accomplish the pickup after assigning a shipping agent due to any reason, you can ship the consignment by your shipping method after taking giving authorisation to do from us. We will remit the shipping cost to you along with you monthly payment cycle as described in payment procedure.
  • package each of Your Products in a commercially reasonable and deliverable manner and handover each of Your Products to the respective assigned agent on its Estimated pickup Date
  • You have to retrieve Order Information at least once each Business Day
  • Maintaining the inventory is your sole responsibility and failing second time in fulfilling the order due to lack of inventory/unavailability due to any reason will attract penalty and other disciplinary appropriate action

 

  • You are not allowed to cancel any order due to any reason till the time we authorised to so. Cancelation of any order without our authorisation attract penalty and disciplinary action against you.

 

  • ensure that you are the seller of all products made available for listing for sale hereunder;

 

  • include an order-specific packing slip within each shipment of Your Products available on seller dashboard

 

  • identify yourself as the seller of the product on all packing slips or other information included with Your Products and as the Person to which a customer may return the applicable product; and

 

  • not send customers emails confirming orders or shipments of Your Products (except that to the extent we have not yet enabled functionality for Your Account that allows payment to be processed on the basis of when shipment occurs, then you will send customers emails confirming shipment of Your Products in a format and manner reasonably acceptable to us).

 

S-2.2 Returns and Refunds. For all of Your Products return and refund will be entertained my myehaat as per the returns and refund terms stated in user agreement terms and conditions displayed on site and accepted by the user during the registration as a user on myehaat site. We will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions. We will provide any such payments to the customer (which may be in the same payment channel originally used to purchase Your Product), and you will reimburse us for all amounts so paid is any such payment made to you from us.

 

Though myehaat.in do not accept refund request after closing of refund window but in any special case if we consider any such refund request than you have to accept and comply with the such decision made by myehaat.in dispute committee. You will promptly provide refunds and adjustments that you are obligated to provide, and in no case later than thirty (30) calendar days following after the obligation arises.

 

For the purposes of making payments to the customer (which may be in the same payment channel originally used to purchase Your Product), you authorize us to make such payments or disbursements from your available balance with us (as defined in Section S-4). In the event your balance with us is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all amounts so paid.

 

S-3. Problems with Your Products

 

S-3.1 Delivery Errors and Nonconformities or Recalls. you are responsible for:

  1. wrong delivery of product from source,
  2. damaged product from source,
  3. damaging of product in transit due to poor packaging,
  4. delay in providing the consignment to shipping agent due to any reason,
  5. discrepancy of shipping charges due to wrong packaging dimensions and weight given or updated on seller dashboard along with your product,
  6. any defect in shipped product.

 

You will be notifies for the same and the respective charges will be deducted or raised to you for any such issue.

 

S-4 Sales Proceeds & Refunds.

 

S-4.1.Your Balance. Remittances to you for Your Transactions (including COD transactions) will be made through your available balance with us (Your available balance is the amount paid by the buyer for your product and it is in our bank account) in accordance with the successful sale proceed in the upcoming week of payment cycle . Remittance to you for your sold product amount of your products shall be made through the online bank or any other mutually agreed and other means used to transfer to Your Bank Account. You hereby agree and authorize us to collect payments on your behalf from customers for any sales made through the COD mechanism. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with this Agreement to a bank, auditor, processing agency, or third party contracted by us in connection with this Agreement.

 

Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Sale Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfilment of delivery to the customers of your Products keeping in mind the period for refunds.

 

S-4.2. Except as otherwise stated in this Agreement (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Successfully closed order. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 15 calendar days. You will not have the ability to initiate or cause payments to be made to you.

 

"Successfully Closed Order" means Your product is dispatched, delivered and accepted by the buyer and the return window is closed without any concern, complaint, refund or replacement raised by the buyer.

 

We might consider previously stated claim regarding your product as special case after closing of return window if something we find fit and genuine concern raised by the buyer. In such special case, decision will be taken by the mehaat.in dispute committee and you have to honour the outcome of the committee.

 

S-5. My E-Haat’s Marketplace, Websites and Services

 

My E-Haat has the right to determine, the design, content, functionality, availability and appropriateness of its marketplace, websites, selection and any product or listing on the My E-Haat Site or the My E-Haat Associated Properties, and all aspects of each Service, including your use of the same. My E-Haat may assign any of these rights or delegate any of its responsibilities. 

 

S-7. Tax Matters

 

In addition to the General Terms, you agree that, the price stated by you for Your Products is inclusive of all taxes including VAT/CST, customs duty, excise duty or other tax or levy that may be required to be remitted in connection with such sale, unless otherwise provided in any Policy or otherwise agreed by My E-Haat in advance in writing.