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Welcome to Vishyam
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.vishyam.com is a domain comprised of various web pages owned and operated by Vishyam Online Services Private Limited, a company incorporated under Companies Act, 2013 having its registered office at 113, S.B Lane, Howrah, West Bengal 711101. www.vishyam.com is a website (to be refereed as Vishyam thereon) consisting of a platform to sell, buy, rent products and services by way of either direct selling and renting or by way of bidding and buying which are ever inclusive and based on the inclusions made by the participants, partners and visitors to it. By Using this website, and further by registering to avail services offered by the website (“Service”), you are hereby agreeing to accept and comply with the terms and conditions of use stated below. You should read, agree and accept the entire terms before you use this website or before you avail any of the services from this website.
SCOPE OF SERVICES
Presently the company through its website and other platform offers its services in facilitating and providing a common marketplace platform for all its users in :
- Buying and selling of new product(s).
- Renting in and renting out of movable items / goods / products
- Buying and selling of refurbished/used product(s) through Bid & Buy platform
Vishyam does not sells, buys, rents its own products and the products enlisted on the website are not the properties of the website or its administrator. Vishyam is a facilitator for its users to the above mentioned transactions.
General : The transactional offerings entered upon, over the website are exclusively made by and between the buyers, sellers, renter, rentee, bidder, users and other participants alone. Vishyam does not include itself in any transaction or the liabilities involved relating to product price / rent value, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Vishyam does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such terms between the participants. All discounts, offers (including exchange offers) are by the users and participants and not by the website.
Buying of New products– This platform is for buying and selling of new product where user will buy new product from registered vendor of the platform and registered vendor will deliver the product at its sole discretion. Vendor retains the right to cancel any such order placed by the Buyer, at its sole discretion and in that case the Buyer will be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. Vishyam does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Vishyam does not implicitly or explicitly support or endorse the sale or purchase of any products or services on this platform. Vishyam accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Renting of goods / products : The unique platform as provided by the website for renting out any movable item / product by a user to another user is completely based on the discretion of the users and the website immunes itself from any damages or loss of such product on such renting transactions. Users are advised to know their customers / rentee and create schemes of maintaining a security deposit / escrow, which may or may not be facilitated / maintained by the website.
Buying of refurbished goods / used products : The website offers another unique platform for bidding and buying of refurbished and used goods / products to its users / participants, wherein an open bidding is administered through a software within the website. However, the website limits and immunes itself from the damages to the extent of the actual market price of the product or depreciated value of used product(s).
The website does not provide any platform for sale, purchase, rent or auction of any immovable property (land building etc.) or any goods prohibited by any ruling statute within the Republic of India (antiques, weapons, narcotic drugs etc.)
PAYMENT AND SHIPPING TERMS
General : While availing any of the payment method/s available on the Website (both via online payment and Cash On Delivery (COD)), the website immunes itself from all / any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the user / participant arising out of:
- Lack of authorization for any transaction.
- Exceeding the pre-set limit mutually agreed by the user and between the user’s bank.
- Any payment lag or decline arising out of any transaction due to bandwidth or technical reasons, or
All payments made against the purchases / services on the website by a user shall be compulsorily in Indian National Rupees (INR)
Refunds: Except for COD transactions, refunds, if any, shall be made at the same issuing Bank from where transaction Price was received or through any other method available on the Website, as chosen by the user. For COD transactions, refunds, if any, will be made via electronic payment transfers as instructed by a user / purchaser or saved in the user’s profile with the website unless the preferred bank is not affiliated with the website payment gateway or mechanism.
Shipping: The website uses a large network of couriers to deliver your products to you as early as possible. The products are individually dated for delivery on the check-out page and the time line for such delivery is largely based upon the supplier of such goods / products and the distance of delivery. Also, shipping costs or free shipping are conditional to the supplier of the individual product and the website does not guarantee free shipping on all products. However in case of any damages occurring during shipping and a consequent refund is sought for, the website guarantees a full refund of such transactional value including the shipping cost paid to the supplier of the product. Before shipping / delivering your order to you, supplier may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument and the shipping address used by you for your purchase.
REGISTRATION OF ACCOUNT AND THE ELIGIBILTY OF THE REGISTRANTS
Users may create a User Account by registering in the website subject to the following conditions mentioned herein.
- Users must comply with the procedures prescribed for opening the User Account which includes providing a valid and subsisting email id and completing the verification process and providing all the required documents which may be amended as per website policy.
- Users hereby allow access to and consents to the company availing of and using the personal data of the user including but not limited to:-
- Name, address, contact information identification documents and details contained therein;
- Mobile numbers and IP addresses from which the Company’s Services are being accessed; and
- The website may call upon its Users to furnish additional details and / or documents, either pursuant to governmental or regulatory compliance or due to modifications in any terms contained herein. User hereby agrees and undertakes to comply with the same within the timelines prescribed.
Know Your Customer Compliance (KYC)
Users shall provide the following details, along with digitized copies of supporting documents for such details if required with the application for a User Account on the company’s Platform, failing which the User Account shall not be activated:
- Name in Full
- Contact Number
- Email Address
Company may at its sole discretion ask its user to get its account verified by providing valid government registered document as proof of identification and address proof for using its rental platform and buy & sell used products platform.
You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conducts when you complete the registration or actually use Vishyam Service in any other way allowed by Vishyam. If you do not have the said capacity, you and your guardian shall undertake all the consequences resulted there from, and Vishyam shall have the right to cancel or permanently freeze your account, and claims against you and your guardian for compensation. You shall be bound by this agreement once you have filled in information, read and agreed to this agreement and completed the registration process following the instructions on the registration page. If any information you have provided during the registration is inaccurate, Vishyam will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted there from will be borne by the User. Vishyam user accounts can only be used by the person whose name they are registered under. Vishyam reserves the right to suspend, freeze, or cancel accounts that are used by persons other than the persons whose names the accounts are registered under. Vishyam will also not take legal responsibility for these accounts.
RISKS OR LOSSES
Vishyam will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
You acknowledge that the aforementioned is an inclusive statement of risks associated with the transactions on the website and that there may be additional risks not listed or foreseen by the Company.
INTELLECTUAL PROPERTY RIGHTS (“IPR”)
“VISHYAM” Logo and other marks indicated on our website are either applied or registered trademarks to its administering company. All graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade symbols of Vishyam. Vishyam’s trademarks and trade symbols may not be used in connection with any product or service that is not Vishyam’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vishyam. All other trademarks not owned by Vishyam that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vishyam.
GOVERNING LAW AND JURISDICTION
The law applicable to the agreement between the User and Vishyam the subject-matter of which are the Services provided by Vishyam.com within the Website, under law of the Republic of India. All and any disputes related to the Services provided by Vishyam.com shall be resolved by a sole Arbitrator as appointed by Vishyam from time to time. In case where an appeal is sought to the Arbitrator’s, the same can be done within the exclusive jurisdiction of courts in Kolkata.
Users may terminate this agreement with Company, and close their Account at any time, following settlement of any pending transactions.
Users agree that Company may, by giving notice, in its sole discretion, terminate their access to the Website and to their Account; including without limitation, suspending or terminating the Service and Members’ Accounts, prohibiting access to the Website and its content, services and tools, delaying or removing hosted content, and taking technical and legal actions to keep Members off the Website if we reasonably perceive that such Members are creating any problems, including without limitation, possible legal liabilities, infringement of the intellectual property rights, or acting inconsistently with the letter or spirit of these Terms.
You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the Online Platforms through your Account shall be considered as access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the Online Platforms or any other website accessed by you through the Online Platforms. If you suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at firstname.lastname@example.org.
We also reserve the right to cancel unverified Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Website or Service. Members agree that the company will not be liable to them or to any third party for termination of their Account or access to the Website.
You hereby agree that the suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Members will receive any payment owed to them via their registered bank account with the company.
The Information, Software, Products, and Services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The website and/ or its suppliers may make improvements and/ or changes in the site at any time. The website makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- The Company’s services are offered only on the digital domain, which is subject to risks including offensive attacks. The company shall not be liable for any Loss caused to the User’s account therein if the same arises due to any Force Majeure event, including commissions or omissions by third parties, forces of nature, offensive attacks on company’s servers or on the personal devices of the users, changes in applicable Law, or any Loss caused by conditions or events beyond the reasonable control of the company.
- The above limitation on liability includes any Force Majeure event set out hereunder including acts of god; fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labour dispute, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond reasonable control of the company; offensive attacks including virus attack, hacking, denial of service attack or theft of the personal devices of the User resulting in Loss to the account.
- The company shall not be liable for any Loss caused to User due to a data breach of confidential information of the User, including of the User account details or User password, including when such breach has occurred due to the User sharing such details with third parties or due to the User’s failure to follow reasonable due diligence. The company shall also not be liable or responsible for any disclosure by User of any User Account details, including on account of a phishing attack or other third-party disruption.
- “Force Majeure” shall mean and include any cause arising from or attributable to acts, or events, beyond the reasonable control of the company, including natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or of a Government or regulatory authority.
- The company shall indemnify User and hold harmless against and in respect of any Losses incurred or suffered by the User solely due to any proven wilful and malicious act or default on the part of the company. This indemnity is subject to the representations and warranties set out herein above i.e., the company shall not be liable for any Losses arising out of risks or consequences set out in the representations and warranties, which have been read, acknowledged and understood by the User by virtue of their use of the company’s Services, or for actions initiated by the company against User for suspension, cancellation or termination of their User Account for any reason.
- These provisions shall survive the expiration or termination of this Agreement.
MODIFICATION OF TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.