Terms of Use

Terms of Use

MYSHOPBAZZAR SELLER PANEL TERMS OF USE

THIS MYSHOPBAZZAR SELLER PANEL TERMS OF USE (THE “TERMS OF USE”) IS AN ELECTRONIC DOCUMENT IN TERMS OF USE OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SELLER PANEL (DEFINED BELOW), SHALL SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

ATD Retails Private Limited (“Myshopbazzar“) owns, operates and maintains the online market place located at the URL https://www.Myshopbazzar.com (the “Website”). Myshopbazzar owns, operates and maintains a software application hosted at the URLs https://www.seller.Myshopbazzar.com (the “Seller Panel”) which facilitates listing of products for sale, managing the sale of Products, providing the Product selling price, inventory management, inventory maintenance, etc. by sellers who have accepted the Myshopbazzar Seller Agreement (“Registered Seller You”). The Registered Seller can access the Seller Panel through an authorized username and password.

If you are not a Registered Seller then you are not authorized by Myshopbazzar to use the Seller Panel in any manner and Myshopbazzar shall not be liable or responsible for any consequence arising out of or as a result of your use of the Seller Panel.

The Seller Panel Terms of Use describe the terms of use and conditions on which Myshopbazzar offers the Registered Seller (“You” or “Your”) access to the Seller Panel and the services/facilities provided through the Seller Panel. If you wish to sell your products (the “Products”) on the Website, the Myshopbazzar Seller Panel Terms of Use (the “Terms of use”) shall be applicable on you in addition to the Myshopbazzar Seller Agreement and the Website policies.

Myshopbazzar may in its sole discretion modify the Terms of Use or any policy hyperlinked to this Terms of Use at any time without any notification to you. Myshopbazzar may in its sole discretion incorporate any new policy to this Terms of Use at any time without any notification to you. It is your responsibility to review the Terms of Use from time to time.  You will be deemed to have accepted the Terms of Use as amended, if you continue to access and use the Website and/or Seller Panel after the amendments are posted on the Website or Seller Panel or communicated to you.  In case of any contradiction between the Myshopbazzar Seller Agreement, the Terms of Use and any the terms of any other policies issued by Myshopbazzar, the terms of the Myshopbazzar Seller Agreement shall prevail.

1.1 Myshopbazzar's Role

You agree that Myshopbazzar’s role is limited to managing the Website and Seller Panel for the display of the Products, their selling price and other incidental services to facilitate the transactions between you and the buyers of the Products (the “Buyers”).  Accordingly, Myshopbazzar is merely an intermediary and the Website is only a platform or an online market place where the Seller may offer its Products for sale to the Buyers.  Myshopbazzar will be merely acting as your limited agent with the sole intent and purpose of facilitating the sale and purchase of Products through the Website.

1.2  Use of Seller Panel

2.1 On being registered as a Seller on the Website, You shall be given access to your account on the Seller Panel with a unique login id and password to update the order status, price and inventory of the Products on the Website.  You shall provide accurate Product information on the Seller Panel. The Product description shall not be misleading and shall describe the actual condition of the Product. If You provide any information that is untrue, inaccurate, not current or incomplete (or which becomes untrue, inaccurate, not current or incomplete), or Myshopbazzar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Myshopbazzar has the right to suspend or terminate Your access to the Seller Panel and refuse any and all current or future use of the Seller Panel (or any portion thereof).

2.2 You shall be responsible for maintaining the confidentiality of Your login id and password required for accessing the Seller Panel.  Myshopbazzar will not be liable for any loss that you may incur as a consequence of the unauthorized use of Your Seller Panel or any services or materials, either with or without your knowledge. You agree to (a) immediately notify Myshopbazzar of any unauthorized use of your Seller Panel account or any other breach of security, and (b) ensure that you exit from your Seller Panel account at the end of each session. Myshopbazzar cannot and will not be liable for any loss or damage arising from Your failure to comply with the Terms of Use. You may be held liable for losses incurred by Myshopbazzar or any other third party due to authorized or unauthorized use of Your Seller Panel account as a result of your failure in keeping Your Seller Panel account Information secure and confidential.  Myshopbazzar reserves the right to determine the Sellers who may sell on the Website.    Myshopbazzar also reserves the right to suspend or terminate your access to the Website and/or the Seller Panel, without assigning any reasons for doing so.

2.3 You agree to use the services provided to You as a Registered Seller of the Website only for the purposes that are permitted by: (i) Myshopbazzar Seller Agreement; ii) these Terms of Use; and (iii) any applicable law, regulation or generally accepted practices or guidelines in India.  You also agree to comply with the (i) Anti-Bribery and Anti-Corruption Policy; (ii) Myshopbazzar Banned Products’ List; (iii) TrustPay Policy (iv) Product Return to Origin Policy; (v) Product Reverse Pickup Policy; (vi) Product Packaging Guidelines; (vii) Myshopbazzar Seller Panel Privacy Policy, and such other policy(ies) which Myshopbazzar may issue from time to time.

2.4 You agree that as a Registered Seller of the Website, You shall not directly or indirectly facilitate or grant access of the Seller Panel to any unauthorized person or entity.

2.5 Myshopbazzar reserves the right to determine the Sellers who may sell on the Website. Myshopbazzar also reserves the right to suspend or terminate your access to the Website and/or the Seller Panel, without assigning any reasons for doing so.

3.1 You shall be responsible for ensuring that the Seller Panel is updated and reflects the real-time availability / non-availability of the Products listed on the Website.  Myshopbazzar shall not be responsible for claims made by Buyers for inaccurate Product availability details that are displayed on the Website due to Your negligence / default to provide updated and accurate Product information.  You shall be required to retain an adequate inventory of the Products listed on the Website, for successful fulfillment of orders.

3.2 In case you choose to avail MWH( Myshopbazzar WareHouse) facilities, Myshopbazzar shall be responsible on Your behalf, for the invoicing, packaging and dispatch of the Products to the Buyers, as per the orders received by You from time to time and in accordance with Your directions.

3.3 You shall be solely responsible for making any representations or warranties with respect to the quality of the Products to the Buyer, including all relevant Product warranties.

3.4  For all orders placed on the Website, payments shall be collected by Myshopbazzar on Your behalf and as your limited agent, in the mode (i.e., payment gateway or cash on delivery) as opted for by the Buyers.

3.5 You represent that all material uploaded by you to describe the Product, either by way of any text descriptions, graphics, or pictures or videos shall not be obscene, profane, defamatory, or infringe the intellectual property rights or any other rights of any person or entity

1.4  Seller Representations and Warranties

4.1 By accessing and using the Seller Panel You represent to us that: (i) You are not a minor under applicable laws and You have the authority to enter into legal contracts; (ii) You have legal title to and ownership of the Products and the content (including all intellectual property rights) that You feature on the Website; and (iii) the information You have provided to Myshopbazzar during the registration process and thereafter, including all information relating to Your Products, whether or not posted on the Seller Panel and/or Website, is to the best of Your knowledge complete, truthful and accurate.

4.2  You also represent that you will not use the Seller Panel to:

(i)    engage in any disruptive technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Website or any Seller or Buyer; 

 (ii)   utilize, copy, modify, distribute, or harvest content, including photographs of alleged Products, from the Website for use elsewhere without obtaining prior permission;
(iii)   harass or interfere with the privacy of any Buyer, and post false, inaccurate, misleading, defamatory, or libelous content about any other seller, Buyer or Myshopbazzar;
(iv)  violate any laws, third party rights, or any of our policies posted on the Website;
(v)   host, display, upload, modify, publish, transmit, update or share any Product or information or content including images, video and text, that:

(a)  is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(b)  violates any law for the time being in force;

(c)  Infringes any patent, trademark, copyright or other proprietary rights;

(d)  Deceives or misleads the addressee about the origin of such Product, information or content, or communicates any information which is grossly offensive or menacing in nature;

(e)  Harm minors in any way;

(f)  Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

(g)   Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

4.3 Myshopbazzar may, at its sole discretion, with immediate effect and without notice, restrict, suspend or terminate your access to the Seller Panel and/or the Website, upon your breach or alleged breach of any of the above representations and warranties.

5 Myshopbazzar Policy(ies)

5.1 You hereby acknowledge and agree that You have read,  and fully understood

(i) Anti-Bribery and Anti-Corruption Policy;

(ii) Myshopbazzar Banned Products’ List;

(iii) TrustPay Policy

(iv) Product Return to Origin Policy;

(v) Product Reverse Pickup Policy;

(vi) Product Packaging Guidelines;

(vi) Myshopbazzar Seller Panel Privacy Policy, and the contents of the same are acceptable to you.

6. No Warranty

6.1 MYSHOPBAZZAR DOES NOT UNDERTAKE THAT THE SELLER PANEL OR ANY SERVICE OR FEATURE OF SELLER PANEL WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE USE OF THE SELLER PANEL WILL PROVIDE SPECIFIC RESULTS. THE SELLER PANEL IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE AND THE SELLER PANEL IS SUBJECT TO CHANGE WITHOUT NOTICE. MYSHOPBAZZAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYSHOPBAZZAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH, OR RELATED TO, USE OF THE SELLER PANEL.

6.2 You acknowledge and agree that Myshopbazzar shall not be liable for any loss, damages or claims (direct or indirect) which may arise due to non-availability of the Seller Panel and/or services provided through Seller Panel hereunder for any reasons whatsoever. Myshopbazzar may in its sole discretion inform you of the non-availability of the Seller Panel and/or services provided through Seller Panel at any time.

7. Dispute Resolution & Jurisdiction

7.1 If any dispute arises between the Parties hereto during the subsistence of these Terms of Use or thereafter, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by Myshopbazzar. Arbitration shall be held at New Delhi, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. These Terms of Use shall be governed in accordance with the laws of India and courts in Delhi shall have exclusive jurisdiction

8. Indemnity

8.1  You agree to indemnify and hold harmless Myshopbazzar and its directors, employees, officers, representatives and agents from and against all third party claims, and all related damages, losses, liabilities, costs and expenses of every kind arising out of, or as consequence of:-

(i) Your breach of any of the provisions of the Agreement

(ii) Infringement of any third party’s intellectual property by you

(iii) Your breach or contravention of any applicable law