We provide Visitors and Registered Users with access to the Site as described below.
Visitors: Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) view all content and access all publicly- available features and functionality on the Site; (ii) interact with Registered Users of the Site; (iii) subscribe to IBS communications, alerts, and other notifications; and (iv) contact us.
Registered Users: Registered Users can do all the things that Visitors can do, and: (i) access non- public features and functionality available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on the Site; (iii) post comments, reviews, and other content on the Site and/or interact with other Registered Users of the Site (all content and information provided in connection with the foregoing is collectively referred to herein as “Registered User Content”; and (iv) purchase or sell third-party products through the Site (“Products”). A Registered User may be either a “Buyer” or a “Seller” or a “Reseller or Store Owner”.
A “Buyer” is a Visitor or Registered User who chooses to create an account and they may send enquiry for Products or Services or purchase Products or Services from Sellers by using offline payment method.
A “Seller” is a Registered User who chooses to create an account through which the Registered User may offer or sell Products or Services to Buyers.
A “Reseller or Store Owner” is a Registered User who chooses to create an account on the website to sell Products or Services of Sellers.
An “Affiliate” is a Registered User who has registered as Buyer and/or Seller and/or Reseller and who refers other Users to IBS
Buyers may submit enquiries for Products or Services or directly buy Products or Services that they are interested in purchasing by choosing offline payment option either from Seller Minisite or Estore or Reseller Store.
By accessing and/or using the Site or the Services, you agree to comply with the following restrictions on use:
You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful or otherwise fraudulent purpose;
You will not upload, post, e-mail, transmit, or otherwise make available any Registered User Content that:
We have the right, but not the obligation, to review and reject or remove content that, in our sole discretion, does not adhere to these Community Guidelines. We also reserve the right, in our sole and absolute discretion, to deny you access to the Site, or to any portion of the Site, without notice.
If you wish to become a Registered User, you will be prompted to create an account, which includes a sign-in name (“Username”), an email (“Email Address) a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Username and corresponding Email and Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Username, Email, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Username, or change any Unique Identifier. We reserve the right to delete or change your Password, Username, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. IBS will not be liable for any loss or damage caused by any unauthorized use of your account.
The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of IBS (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Indian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of IBS (the “IBS Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of IBS. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third- Party Trademarks,” and, collectively with IBS Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the IBS Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
IBS respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide us with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
As noted above, the Site provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit Registered User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT IBS, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH ANY SUCH REGISTERED USER CONTENT.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sub licensees a non-exclusive, royalty-free, freely sub licensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sub licensees the right, but not the obligation, to use your Registered User Content, your Username, Name, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Site, IBS, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to IBS that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to IBS the license to the Registered User Content as set forth above, and that it and its use by IBS and third parties as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates this Agreement.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
Seller represents, warrants, and covenants that all Products and/or Services (i) will conform to all purchase and delivery specifications (including the shipping policy) in the applicable Quote or Payment Request or information given on Product Page or Service Page, or otherwise provided to IBS or the Buyer, (ii) will be free from defects (e.g., workmanship, material, and manufacture), (iii) will be of merchantable quality, (iv) will be packaged for shipping in a manner consistent with best practices of common carriers and the shipping guidelines, and (v) will be fit for the purposes intended by IBS and/or the Buyer. All warranties run to the benefit of IBS and the Buyer. If Seller collects or access a Buyer’s Personal Information or Transaction Information, Seller shall use such Personal Information and Transaction Information solely for the purposes of processing and shipping such Buyer’s order.
Seller may be required to pay a subscription fee and/or facilitation fee to IBS. Upon request, Seller shall agree to the subscription fee and facilitation fee that he will either pay or IBS shall deduct from his account. If Seller is already a party to a separate Seller Agreement with IBS, then this Agreement supersedes all terms set forth in such separate Seller Agreement, except for any terms relating to fees and payment.
All Products manufactured and Services provided are by the third party Suppliers or Service Providers respectively, and not by IBS; therefore, IBS has no control over, and hereby disclaims any and all liability arising out of or associated with, the quality, safety, legality or efficacy of any Product and/or Service. THE SITE, THE SERVICES, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICES FROM WHATEVER CAUSE OR FOR ANY DEFECTS, MALFUNCTIONS, OR FAILURE OF THE PRODUCTS OR SERVICES, AND YOU AGREE THAT YOU USE THE CONTENT, THE PRODUCTS, THE SERVICES, AND THE SITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES, THE CONTENT OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER OR MATTER GIVING RISE TO THE CLAIM. THE SITE, INCLUDING, WITHOUT LIMITATION, PRODUCT AND/OR SERVICE DESCRIPTIONS, MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITE. THE SITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND/OR SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT AND/OR SERVICES ON THE SITE DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
The Site may contain links to third-party websites, including, without limitation, websites maintained or owned by other Registered Users (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, investors and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any Registered User Content that you provide, or your access to, use, or misuse of the Content, the Services, or the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. Without limiting the foregoing, if you are a Seller, you shall also indemnify and hold harmless IBS against any claims, actions, loss, damage and liability (including costs and expenses) arising out of (i) actual or alleged infringement, misappropriation or violation of any third party right, including without limitation, intellectual property rights, by any of the Products and/or Services; (ii) any mechanic’s liens or encumbrances imposed in connection with the Product(s) supplied and/or Service(s) provided; (iii) any product liability claims related to the Products or Service Deficiency claim related to Services, whether based on strict liability, negligence, alleged manufacturing or design defect in the Product(s), failure to warn or otherwise; or (iv) any claim brought against IBS by any Buyer relating to any Product and/or Service or any transaction or interaction between any Buyer and Seller or between Buyer and Reseller.
The Site is based in India. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of India. If you access or use the Site, the Content, or the Products or Services from outside India, you do so at your own risk. Whether inside or outside India, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This Agreement and any action related thereto will be governed by the laws of India without regard to its conflict of laws provisions. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect. The following provisions will survive any expiration or termination of this Agreement: “Description and Use of Our Site,” “Restrictions on Use,” “Username; Name; Password; Unique Identifiers,” “Intellectual Property,” “Registered User Content,” “Communications with Us,” “Seller Representations and Obligations,” “Seller Fees,” “No Warranties; Limitation of Liability,” “External Sites,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
If Reseller wants Seller to ship products on his behalf directly to buyers who have brought products of Seller from his Reseller Store then Seller will do so. Seller will put Reseller’s Contact Information on the shipping packet and not his contact details.
If any Buyer or Reseller purchases a Product of the Seller, Seller shall with respect to each order, (i) fulfill and ship such Product/s directly to the Buyer or Reseller in accordance with the shipping policy information given on his Product Page of his Minisite; (ii) adhere to the refund, return and cancellation policy set forth on the information given on Product Page of his Minisite at the time of purchase.
It is understood by the Seller that Seller can receive order for services either directly from the Buyer through Seller’s Minisite or Reseller may receive the order from the Buyer on Seller’s behalf from his Reseller Minisite. Seller will give service directly to the Buyer. It is understood by the Seller that Reseller functions only as lead generator for Seller’s services.
It is understood by Buyer that IBS is just an online platform for the Sellers and resellers to showcase products and services and get orders from the Buyers.
Also any Product/s or Service/s that are bought by the Buyer through the IBS website ie. either from Seller’s Minisite or IBS E-Store or from Reseller E-Store or from Reseller Minisite can be bought by choosing offline payment option ie using NEFT, Paytm etc. or by making payment by Cash on Delivery (COD) if that option is made available by the seller.
All orders by the buyer for product purchase done from IBS E-Store or Seller’s Minisite are received by the Seller directly and Buyer will be directly dealing with the Seller for all such orders.
All orders by the buyer for product purchase done from Reseller E-Store are received by the Reseller. Reseller further places the order to the respective Sellers for products ordered by the Buyer from Reseller Estore. Reseller will either get the products from the Seller and then ship it to the Buyer or may ask the Seller to directly ship it to the Buyer on Reseller’s behalf. Buyer will be directly dealing with the Reseller for all such orders.
All enquires for service/s sent by Buyer from Seller’s Minisite are received by the Seller directly and Buyer will be directly dealing with the Seller for getting the service.
All enquires for service/s sent by Buyer from Reseller’s Minisite are received by the Reseller on behalf of the Seller. Reseller will further inform the respective Seller of the service that Reseller receives from the Buyer on Reseller’s E-Store. Buyer will then be directly dealing with the Seller for getting the service.
It is understood by the Reseller or Store Owner that IBS is just an online platform for Sellers or Resellers to showcase products and services and sell it to the Buyers.
Reseller or Store Owner can select whichever products Reseller wish to sell from their Online Store. Reseller should check the complete product information given on the Product Page before displaying that product for selling on his Online Store.
It is understood by Reseller that orders that are received from the Reseller Online Store are fully serviced and fulfilled by the Reseller.
Once order is received from the Buyer, Reseller may process the order in following ways
In case of offline payment eg by NEFT or PayTM, Buyer will pay Reseller advance. Reseller will also pay the Seller advance deducting Reseller Commission. Once Seller gets the payment Seller ships the product to Buyer or Reseller as advised by the Reseller.
In case of COD payment, Seller will ship the product to the Buyer directly on behalf of the Reseller. Once Seller gets the payment, Seller will reimburse Reseller Commission to the Reseller.
Reseller functions as lead generator for the Seller. Reseller forwards the enquiry received from their Store to the respective Seller. Seller then directly gives required service to the Buyer and reimburses Reseller the due Reseller Commission as per the understanding or Agreement between the Seller and Reseller.