Terms of Service

Last updated: November 1, 2022

This document is an electronic record under the Information Technology Act, 2000. It was published per Rule 3(1) of the IT (Intermediaries guidelines) Rules, 2011. Effective date: November 1, 2022.

User Agreement

The platform binds all users to these terms upon access or registration. Users include “any natural or legal person” who registers and obtains login credentials.

Amendment Rights:The Company reserves the right to change this Website and/or alter the terms at any time. Substantial changes receive 30 days' notice via email and website posting.

Definitions

Payment on Billing occurs when buyers pay through the authorized gateway or deposit funds into company accounts within three days.

Payment on Deliveryisn't available, as “all products are created based on order from the Buyers.”

Deliverymeans physical transfer to the buyer's address via courier services, currently India Post.

Transaction Price includes shipping charges, insurance charges and all other taxes, duties, costs per Indian GST law.

Valid Card / Bank Accountmust be lawfully owned and support RBI's electronic banking systems including NEFT and RTGS.

Payment Gateway currently supports credit / debit cards, net banking (50+ banks), wallets, and EMI options via Razorpay. The company retains rights to modify payment methods.

Eligibility

Only those capable of forming legal contracts under the Indian Contract Act, 1872 may use the platform. Minors, persons of unsound mind, and undischarged insolvents are prohibited.

Business representatives must confirm sufficient authority under applicable law to bind their entity.

Registration & Communication

Users authorize contact through any mode of communication (Email / Chat / Telephone) for service information.

Registration Requirements: Users must provide true, accurate and complete information and update it promptly. False information permits indefinite suspension or termination.

Buyer Registration:No separate registration required; only valid payment methods needed. Registration isn't mandatory to place orders.

Electronic Communication: Users consent to electronic notices via email, deemed adequate service of notice.

Terms of Use

The company provides hosting services while users create listings. All items advertised on the platform are advertised by Users and are third party purchasers.

Membership: Currently free for browsing / buying. Sellers pay fees for listing and services (packing, warehousing, courier) per the Facility Charges Policy. The company reserves rights to introduce or modify fees.

Fees & Charges: Quoted in Indian Rupees, payable per invoice. Users bear all applicable taxes. Non-payment permits temporary or indefinite suspension or termination of your membership.

Product Nature: All our products are handmade and require advance payment. Delivery timelines shall be communicated before the customer makes the payment. The company may adjust timelines subject to the acceptance of the buyer.

Third-Party Providers: The company may appoint affiliates and service providers for backend operations and payment processing.

Platform Neutrality: The company neither originates nor transmits any communication on behalf of users and has no control over third parties.

User Content Responsibility: Information users provide is solely your responsibility and the company is merely a platform for distribution. The company assumes no liability for accuracy, appropriateness or legality.

User Obligations

Users must independently negotiate terms with other users. Treat the platform as a mere passive conduit for listings.

Prohibited Content: Users cannot host, display, or share information that:

  • Belongs to others without rights;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous;
  • Harms minors;
  • Infringes patents, trademarks, copyrights, or trade secrets;
  • Violates applicable law;
  • Involves fraud or counterfeit / stolen items;
  • Impersonates others or uses anonymous proxies;
  • Contains malware, viruses, or harmful code;
  • Threatens the unity, integrity, defence, security or sovereignty of India;
  • Is false or misleading;
  • Deals in prohibited items under applicable law;
  • Links to prohibited items (including those listed elsewhere online).

Violations: Breaches permit immediate termination without notice and content removal.

Data Responsibility: You shall be responsible for keeping backup versions of your information. The company assumes no obligation to restore lost data.

Price Manipulation: Users cannot manipulate prices or access databases without authorization.

Circumvention: Attempting to circumvent obligations permits access termination and legal action.

Violation Reporting: Users must inform the company of violations at info@wemartglobal.in.

Feedback Standards: Comments must be factual in nature and not defamatory, illegal, offensive or obscene.

Information Confidentiality:Users cannot disclose other users' information without express consent.

No Advertising: Users cannot place advertisements or promote businesses except within specific item descriptions (with written permission).

Double Dip Prevention: Users cannot receive or attempt to receive funds from multiple sources during disputes.

Disclaimers

Platform Role: The company is only a platform and not party to user transactions. It has no control over contractual terms.

User-Generated Terms:All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The company doesn't determine, advise on, or involve itself in such terms.

Non-Involvement: The company is neither involved in the buying and selling nor liable for non-performance, non-delivery, non-payment, fraud, or breaches between users.

No Warranties:The company makes no representation or warranty as to the attributes of items (quality, worth, merchantability). It doesn't implicitly or explicitly support or endorse any sale.

User Verification:The company makes no representation or warranty about users' legal standing, creditworthiness, or identity. Users must independently verify counterparties.

Venue Function: The platform functions as a venue through which users can reach a larger base. Contracts are strictly bipartite between seller and buyer. The company retains no right, title or interest over items.

Stock Issues: The company is not responsible for unsatisfactory or delayed performance of sellers or damages or delays from stock unavailability.

As-Is Service:Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. The company specifically disclaims any implied warranties of title, merchantability, fitness.

User Risk: The use of WEMARTGLOBAL is at your own risk.

Release & Indemnity: Users release and indemnify the Company from any cost, damage, liability arising from user actions. The company cannot control user-provided information.

Warning: Users may encounter offensive, harmful, inaccurate, or deceptive content and risks when dealing with foreign nationals, underage persons.

Limited Liability

The company and its suppliers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages.

Liability Cap: Company liability is limited to the amount of charges / fees paid by you.

No Guarantees: The company provides no guarantee regarding content accuracy, reliability, completeness, timeliness, or error-free operation. It assumes no liability whatsoever for delays, data corruption, interruptions, or errors.

Indemnity

Users must indemnify the company and its affiliates from claims, demands, or actions (including attorney fees) arising from user breaches, violation of laws, or infringement of third-party rights.

Payment

Payment methods include Payment on Billing (via gateway or direct bank deposit) or Payment on Delivery (cash only, where available). Users cannot use other methods without company consent.

Payment Processing:The company will make reasonable efforts to ensure timely electronic debits and credits. However, a number of factors outside of the Company's control may cause delays. The company makes no representations about processing time and assumes no liability for delays.

Refund Accountability: Any claim for refund shall be to the account of the Seller and the Company shall not be responsible.

Non-Fiduciary Role: The company is neither acting as trustee nor acting in a fiduciary capacity regarding transactions.

Consent & Privacy Policy

Users consent to information collection and use per the Privacy Policy and IT Act, 2000. The company does not sell or rent or otherwise disclose your personal information for marketing without consent.

Data Protection: Information is treated as strictly confidential and stored on computers in India with physical as well as reasonable technological security measures compliant with IT Act, 2000.

Breach

Upon breach, the company may cancel transactions, limit activity, remove listings, suspend / terminate membership, refuse access, or initiate legal action. Suspended users cannot re-register. The company may recover amounts owed and pursue legal remedies.

Grievance Redressal

Users should contact the Grievance Officer at disputes@wemartglobal.in with information and documents. The officer's details are published on the website per IT Act, 2000 requirements.

General

This agreement creates no partnership or agency between user and company.

Notice: Communication to the company goes to info@wemartglobal.in. Company notices via email are effective 72 hours after sending (unless invalid). Registered mail is effective three days after mailing.

Severability:Invalid provisions don't affect the remainder of the agreement.

Entire Agreement: This document constitutes the entire understanding and agreement.

Assignment: The company may assign or transfer its rights and obligations to any other person on same or more favorable terms.

Cumulative Remedies: All remedies are cumulative and not alternative.

Arbitration

Disputes shall be referred to a sole arbitrator who shall be an independent and neutral third party. Arbitration occurs in Hyderabad, Telangana under the Arbitration & Conciliation Act, 1996, in English.

Governing Law

The agreement is governed and construed in accordance with the laws of India. The Courts in Hyderabad, Telangana State shall have exclusive jurisdiction.

This document is an electronic record under IT Act, 2000, generated by a computer system and does not require any physical or digital signatures.