Buyer ,Seller and Guest Agreement
Buyer, Seller and Guest Agreement
Your (Buyer, Seller and Guest) use of a website www.discountmall.in (Represented by “MITHRA ELECTRONICS“ registered under Andhra Pradesh Sales Tax Act, with registered office at Plot No 82,Sancharpuri Colony, New Bowenpally, Secunderabad – 500011, Andhra Pradesh INDIA) hereinafter referred to as the Website. The Services, Applications and Tools are governed by the following terms and conditions as applicable to the website and the general principles. If you transact on www.discountmall.in website, you shall be subject to the Policies, Buyer, Seller and Guest Agreement that are applicable to the www.discountmall.in websites for such transaction. This Buyer, Seller and Guest Agreement for the www.discountmall.in shall come into effect on 0000 hours India Standard Time June, 2013 Buyer, Seller and Guest Agreement. You are contracting with MITHRA ELECTRONICS.
www.discountmall.in website is a platform for Communication the website is only a venue where Buyer,Seller and Guest may meet and interact with one another for their transactions. MITHRA ELECTRONICS is not and cannot be a party to or control in any manner any transaction between Buyer and Seller of the website. All commercial, contractual terms are offered by and agreed to between buyer and seller alone. The commercial, contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. MITHRA ELECTRONICS does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial, contractual terms between buyers and sellers. MITHRA ELECTRONICS is not responsible for any non-performance or breach of any contract entered into between Users includes Registered Seller, Buyer and Guest MITHRA ELECTRONICS cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. MITHRA ELECTRONICS shall not and is not required to mediate or resolve any dispute or disagreement between Buyer and Seller. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. MITHRA ELECTRONICS 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 Buyer. At no time shall any right, title or interest over the items vest with MITHRA ELECTRONICS nor shall MITHRA ELECTRONICS have any obligations or liabilities in respect of such contract. MITHRA ELECTRONICS is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
For the purpose of the Buyer, Seller and Guest user Agreement, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a Buyer, Seller and Guest of the Website by providing Registration Data like full name, email id, mobile phone number etc while registering on the Website as Registered Buyer, Seller and Guest using the computer systems of the Website and accepted this electronic version, electronic record and has allocated himself a unique identification User ID and Password to become Registered Buyer, Seller and Guest.
You understand and agree that MITHRA ELECTRONICS and the Website merely provide hosting services to its Registered Users and persons browsing, visiting the website. All items advertised, listed and the contents there in are advertised and listed by Registered Users and are third party user generated contents. MITHRA ELECTRONICS neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. MITHRA ELECTRONICS has no control over the third party user generated contents.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and MITHRA ELECTRONICS and you shall have no authority to bind MITHRA ELECTRONICS in any manner what so ever. Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of MITHRA ELECTRONICS or to the email address you provide to us during the registration process. Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing. If any clause of the Buyer, Seller and Guest Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement. This Agreement sets forth the entire understanding and agreement between You and MITHRA ELECTRONICS with respect to the subject matter hereof. In MITHRA ELECTRONICS sole discretion, MITHRA ELECTRONICS may transfer its rights and obligations also known as “assign” under this Agreement without your prior express consent, provided that MITHRA ELECTRONICS assigns the Agreement on the same terms or terms that are no less advantageous to You.
You shall indemnify and hold harmless MITHRA ELECTRONICS and as applicable MITHRA ELECTRONICS parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Buyer, Seller and Guest Agreement, MITHRA ELECTRONICS Rules and Policies, Buyer Protection, Seller Terms and Conditions and www.discountmall.in Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
As a new Registered Buyer, Seller and Guest, this Buyer, Seller and Guest Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the Proceed Button as provided on the registration page or clicking on Pay Button while transacting as Guest or such other actions that implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this Buyer, Seller and Guest Agreement and www.discountmall.in represented by MITHRA ELECTRONICS Rules and Policies, please do not click on the Check Box and on the Proceed button or Pay Button and do not seek to obtain access to or otherwise use the Website.
Changes made to Buyer, Seller and Guest Agreement by MITHRA ELECTRONICS will be posted on the Website. All changes shall be notified to you via E mail or Notifications. The Change will be effective at the time MITHRA ELECTRONICS posts it on the Website. You are advised to regularly check for any changes or updates to the terms and conditions contained in Notification Page Buyer, Seller and Guest Agreement and in MITHRA ELECTRONICS Rules and Policies. By impliedly or expressly accepting this Buyer, Seller and Guest Agreement, You also accept and agree to be bound by MITHRA ELECTRONICS Rules and Policies as provided from time to time.
Use of the www.discountmall.in is valid 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 minors, un-discharged insolvents etc. are not eligible to use the website for Sale or Buy but can browse for information. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the website and shall not sell, purchase for any items. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may to be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. www.discountmall.in reserves the right to terminate your membership and refuse to provide you with access to the www.discountmall.in if it is brought to MITHRA ELECTRONICS notice or if it is discovered that you are under the age of 18 years.
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Buyer, Seller and Guest Agreement and you have the authority to bind that business entity to this Buyer, Seller and Guest Agreement. You are responsible for maintaining the confidentiality of your User ID and Password and you are responsible for all activities that occur under your User ID and Password, email id and Mobile phone number as the case may be. If you are transacting as a Guest, you shall not be allowed to list or sell product or services on www.discountmall.in where as you can buy the product.
When you use the www.discountmall.in Website or send emails or other data, information or communication to MITHRA ELECTRONICS, You agree and understand that you are communicating with MITHRA ELECTRONICS through electronic records and you consent to receive communications via electronic records from MITHRA ELECTRONICS periodically and as and when required. MITHRA ELECTRONICS will communicate with you by email or electronic records on the www.discountmall.in
Membership is free of charge for browsing and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Policy which is hereby incorporated by reference into this agreement. www.discountmall.in reserves the right to change its Fee and policies from time to time which will be notified by email and notifications. When You use the www.discountmall.in Website or send emails or other data, information or communication to www.discountmall.in, you agree and understand that you are communicating with MITHRA ELECTRONICS through electronic records and you consent to receive communications via electronic records from MITHRA ELECTRONICS periodically and as and when required.
MITHRA ELECTRONICS may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event MITHRA ELECTRONICS reserves the right to introduce fees for the new services offered or change, fees for existing services, as the case may be. Changes to the Fee and policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to MITHRA ELECTRONICS with in such time as specified in the invoice and our operations are with in INDIA only. You are responsible for paying all fees associated with the use of the website and you agree to bear any and all applicable taxes, charges, cesses etc .MITHRA ELECTRONICS reserves the right to issue a warning, temporarily, indefinitely suspend or terminate your membership of the website and refuse to provide you with access to the website in case of non-payment of fees by you to MITHRA ELECTRONICS. MITHRA ELECTRONICS also reserves the right to take legal action in case of non-payment of fees by you to MITHRA ELECTRONICS.
Payment Facility for items on the website can be made through the electronic or through Cash on delivery transactions, as may be permitted by MITHRA ELECTRONICS to the website seller in its sole discretion. Payment Facility also enables automated collection and remittance services using the current Indian banking and credit, debit or cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Payment Facility could be availed under payment Buyer, Seller and Guest Agreement, payment Seller Terms and Conditions and other payment Rules and Policies. You would be asked by MITHRA ELECTRONICS to separately accept the aforesaid Payments User Agreement, payment seller Terms and Conditions and other payments rules and policies as may be required and applicable for your nature of activities.
Shall not create liability for us or cause us to lose in whole or in part the services of our ISPs or other suppliers and shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the Buyer, Seller and Guest Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies Objectionable Advertisements Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under Solely to enable MITHRA ELECTRONICS to use the information you supply us with, so that we are not violating any rights you might have in your Information.
You agree to, undertake and confirm that your use of the website shall be strictly governed by the following binding principles your Information is defined as any information you provide to us as Registered Seller, Buyer and Guest , buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for your Information, and we act only as a passive conduit for your online distribution and publication of your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share, list any information or item that belongs to another person and to which you does not have any right to sell. You should no list harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially, ethnically objectionable, disparaging, relating, money laundering or gambling, unlawfully threatening, unlawfully harassing which including limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986,harm minors in any way, infringes any patent, trademark, copyright or other proprietary 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 items, 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, contains any Trojan horses, worms, time bombs, cancel bots, ester eggs or other computer programming routines that may damage, surreptitiously intercept or expropriate any system, data or personal information threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. shall not be false, inaccurate or misleading, shall not, directly or indirectly, offer, attempt to offer, trade or attempt 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. Without prejudice to the generality of the above, MITHRA ELECTRONICS does not permit transactions in the above items including but not limited to categories as stated in the Prohibited and Restricted Items Policy.
You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this Buyer, Seller and Guest Agreement or applicable law comes to your knowledge, you shall take all steps to inform MITHRA ELECTRONICS of the same. If you are a Registered User, you may contact MITHRA ELECTRONICS. You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the website. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as changes from time to time and also all applicable domestic laws, rules and regulations including the provisions of any applicable. Exchange Control Laws or Regulations in Force including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies regarding your use of our service listing, purchase, solicitation of offers to purchase, and sale of items or services. You 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 particular you shall ensure that if any of your items listed on the Website qualifies as an “Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
MITHRA ELECTRONICS does not make any representation or Warranty as to the item-specifics such as quality, worth, marketability, etc. of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, MITHRA ELECTRONICS does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. MITHRA ELECTRONICS accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
MITHRA ELECTRONICS does not make any representation or warranty as to the item-specifics such as legal title, creditworthiness, identity, etc. of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. MITHRA ELECTRONICS does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.
At no time shall any right, title or interest over the items vest with MITHRA ELECTRONICS nor shall MITHRA ELECTRONICS have any obligations or liabilities in respect of such contract. MITHRA ELECTRONICS is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with. You release and indemnify MITHRA ELECTRONICS and or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MITHRA ELECTRONICS cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.
Buying or purchases under a format on the Website are a firm commitment to purchase. If you are the purchaser for any item and your purchase is accepted by the seller, you are obligated to complete the transaction with the seller. An action to purchase may be increased in price or volume later but may not be withdrawn. Purchases cannot be canceled. By purchasing on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of the Buyer, Seller and Guest Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire. MITHRA ELECTRONICS strongly advises you not to test the site with purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid, unauthorized credit card, debit card cash card such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner. Willfully entering erroneous or fictitious purchase may result in prosecution by MITHRA ELECTRONICS.
The buyer Protection seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the buyer protection. The coverage under this program is restricted to such amount as may be provided in the buyer protection. For this purpose the buyer needs to follow certain steps set out in the Program fully detailed at and review the Eligibility and Claims Process more fully detailed at on Website. If MITHRA ELECTRONICS has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then may while MITHRA ELECTRONICS reserving its rights to initiate civil and criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and disqualify that member and any related members from availing protection through this program. MITHRA ELECTRONICS reserves its right to initiate civil and criminal proceedings against a user who, files a invalid or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, MITHRA ELECTRONICS may at its sole discretion suspend, block, restrict, cancel the user id and its related user ids of such user and disqualify that member and any related members from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
As a registered seller, you may list items for sale on the Website in accordance with the Listing Policies more fully detailed at MITHRA ELECTRONICS Rules and Policies which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that 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. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. All listings must comply with MITHRA ELECTRONICS Rules and Policy is incorporated by way of reference in this Agreement. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. MITHRA ELECTRONICS reserves the right to delete such multiple listings of the same product listed by you in various categories.
We encourage registered buyers and sellers on the Website to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer or seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. MITHRA ELECTRONICS will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive and obscene contents. You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, MITHRA ELECTRONICS reserves the right to suspend your membership, and you will be unable to list, buy on the Website. You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by MITHRA ELECTRONICS , and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website. I We do not provide the technical ability to allow you to import feedback from other websites to MITHRA ELECTRONICS because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Items Prohibited and Restricted for listing
Adult Material and Content, Offensive Material, Police, Defence & Military Related Items, Promotional Items, Real Estate, Recordable Media, Replica and Counterfeit Items, Ringtones, Stocks and Other Securities, Stolen Property, Alcohol, Animals and Wildlife, Artifacts, Beta Software, Bootleg/Pirated Recordings, Brand Name Misuse, Catalogue and URL Sales, Used Clothing ,Government IDs and Licenses, Hazardous, Restricted, and Perishable Items, Human Parts and Remains, International Trading, Items Encouraging Illegal Activity, MLM, Medical Devices, Misleading Titles, Movie Prints, OEM Software, Tobacco, Trademarks, Travel, Weapons & Knives, Copyrights, Counterfeit Currency and Stamps, Downloadable Media, Drugs, Electronic Surveillance Equipment, Embargoed Goods and Prohibited Countries, Event Tickets & Others, Fireworks, Explosives and Explosive Substances,Sale of Medicines, Political related Products.
MITHRA ELECTRONICS and its suppliers, affiliates and service provider provide the Website and services including buyer protection and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website and Buyer protection is at your risk.
We use Buyer,Seller and Guest Email ID and Mobile Number to send the News Letters,Latest Products Available on our website,Offers,Discounts.
In no event shall MITHRA ELECTRONICS or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and Facility, its services or this agreement however arising, including negligence. MITHRA ELECTRONICS liability in any circumstance is limited to the amount of fees, if any, paid by you to MITHRA ELECTRONICS. MITHRA ELECTRONICS its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or buyer protection Facility will be error free and uninterrupted. Consequently, MITHRA ELECTRONICS assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and buyer protection Rules and Polices which are incorporated by way of reference in this Agreement. Any interruption or errors in the operation of the Website or buyer protection and other services given by www.discountmall.in . You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if MITHRA ELECTRONICS has been advised of the possibility of such damages.
Grievance Officer In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are published on the Website. Arbitration If any dispute arises between you and MITHRA ELECTRONICS during your use of the Website or www.disocuntmall.in protection or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Buyer, Seller and Guest Agreement and Seller Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by MITHRA ELECTRONICS . The place of arbitration shall be Secunderabad, Andhra Pradesh. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.