Terms & Conditions


This term of use (hereinafter referred to as, “ToU”) is a legally binding document between User and E Jugard (both terms defined below). The terms of this agreement will be effective upon your acceptance of the same and will govern the relationship between User and E Jugard,

These Terms of Use of the website located at the URL www.E Jugard.com and mobile application under the name and style “E Jugard: B2B Trade Portal” is between E Jugard Solutions Private Limited (hereinafter referred to as "E Jugard" or "We" or "Us" or "Our") and the guest users or registered users of the Platform, (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which E Jugard offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

1. SERVICES

E Jugard owns and operates an online market place on the website located at the URL www.ejugard.com (the “Website”) and mobile application named “E Jugard: B2B Trade Portal” available in both android and IOS version which acts as an online platform

* For different sellers to sell their products.

* For different buyers to access variety of products and to purchase the products offered by various sellers.

2. USER ACCEPTANCE OF TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE PLATFORM OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM

* The terms and conditions of this TOU shall deemed to be accepted by clicking on the box against the words “I Accept” provided at the end of this Agreement, by which action you clearly accept the terms and conditions of this Agreement

* If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with E Jugard, and these terms and conditions including the policies constitute your binding obligations to E Jugard

* When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use.

* Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

* You have the option of accepting or declining to accept this agreement. Please provide your acceptance to this agreement if and only if you are agreeable to the terms and conditions provided herein. If you are not agreeable to the terms and conditions of this agreement, please decline to accept this agreement by clicking on the appropriate box. This will stop the user registration process.

3. USER REGISTRATION

* As a part of the registration process, you state that you have completed the user Registration process and provided other relevant details as required by E Jugard. You represent that You, in your individual capacity and/or as an authorized representative of the entity registering as a user on the platform, are competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.

* You also represent that you have provided to E Jugard your information such as name, contact details, email address, account details, PAN No., GST Registration, and other compliance related details through the User Registration Process and that such information is true and correct as on date.

* You will be responsible for maintaining the confidentiality of the Seller Panel and the information provided therein, and shall be fully responsible for all activities that occur under Your Seller Panel. You agree to Immediately notify E Jugard of any unauthorized use of Your account information or any other breach of security

4. USE OF PLATFORM

* Seller shall upload the Product listings for the sale of the Products in the appropriate category, through the Seller Panel. Seller shall also be required to provide all details relevant to the sale / purchase of the Products, including the Selling Price, an informative description of each Product (including but not limited to the length, breadth and height of the Product) and its contents, by way of text descriptions, graphics, or pictures or videos. These Product listings and details shall be displayed on the Platform, along with the Selling Price.

* You represent that You shall provide accurate Product information on the Platform. The Product description shall not be misleading and shall describe the actual condition of the Product. If the sold Product does not match the Product description displayed on the Platform, You agree to refund any amounts that You may have received from the Buyer.

* You agree and understand that E Jugard and the platform merely provide hosting services to its registered users and persons browsing/visiting the platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. E Jugard shall bear no responsibility or liability in relation to or arising out of third party user generated content. E Jugard neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. E Jugard is merely an intermediary and does not interfere in the transaction between buyers and sellers.

5. ORDER AND DELIVERY OF PRODUCT

* When a Buyer elects to purchase a Product through the Platform, E Jugard shall receive the order for the Product only in the capacity of an online marketplace.

6. PRODUCT/PARCEL RETURN

* PACKED PARCEL RETURN (PPR)

Packed Parcel Return (PPR) generally applicable in case where parcel remain undelivered to buyer by shipping partner or buyer refuse to accept front end by whatever reason behind it. Platform is merely arranges business transaction amongst buyer & seller. In any case logistics/courier shall not take responsibility of the same if either of the party’s not genuine and disgruntled. Policy regarding PPR is described as under

* OPEN PARCEL RETURN (OPR)

buyer by shipping partner within time as may be specified and amount collected from buyer including courier charges. OPR terms apply in the case when after Opening of parcel if buyer found items received are not as per order description, Breakage or damager item found or non exact match of order or quality compromised or any other problem faced by buyer after receiving products. Policy regarding OPR is described as under:

7. SERVICE/PLATFORM FEE PAYMENT

* Fee details are described fully in the applicable Services Terms. Fees generally includes Commission on transactions carried on Platform, Advertisement Charges, Platform handling charges, Logistic/courier charges, Cash Collection Charges etc with applicable tax amount(GST , TCS on GST etc).

8. PAYMENT TERMS

* You shall quote the best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Website.

9. REPRESENTATIONS AND WARRANTIES

* The E Jugard and Users (Hereinafter referred as “Parties”) hereby represent and warrant to each other as under.

10. INDEMNIFICATION

* User release us from, and agree to indemnity, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from.

11. TERM, TERMINATION AND SUSPENSION

* The term of this Agreement will start on the date of user complete registration process for one or more of the Services (the “Effective Date”) and continue until terminated by us.

12. CONFIDENTIALITY

* The User acknowledges that during the existence of this Agreement, You will have access to confidential information of E Jugard and its affiliates. You undertake to keep confidential all data and other confidential information supplied to You by E Jugard under this Agreement and shall not sell or otherwise make that information available to any third parties. This Agreement, and the terms thereof, shall be considered to be confidential

* Privacy may change/update time to time by making notification in user penal to users. Applicability of privacy shall be with immediate effect after posting of the same on portal.

13. LIMITATIONS of LIABILITIES

* In the event of any breach or delay in the fulfillment of Your obligations by You, due to any reason, E Jugard shall not be held liable/responsible

* E Jugard shall not be liable for the sale of the Products by You through the Platform or any loss incurred by You or the Buyer there from

14. TAX MATTERS

* User will be responsible for the collection and payments of any and all of user’s Taxes, such as sales Tax, VAT/CST, good and services tax, cesses or other transaction taxes, and issuing valid invoices/ credit notes- debit notes where required.

15. AMENDMENT

* E Jugard may amend the terms and conditions of this Agreement including the Commercial Term Segment and the E Jugard Policies at any time in its sole discretion by intimating You by way of notification on the Seller Panel and/or by sending an email to the email ID provided at the time of user registration. It is your responsibility to review amendment notifications from time to time. You will be deemed to have accepted such amendments, if you continue to access the Website/Seller Panel after the amendments are notified by E Jugard.

16. GOVERNING LAW AND JURISDICTION

* The Agreement shall be governed by and construed in accordance with the laws of India. The courts of Rajkot (Gujarat), shall have exclusive jurisdiction in connection with this Agreement.

17. INTELLECTUAL PROPERTY RIGHTS

* Both Parties agree that the brands/logos, trademarks, etc., belonging to each Party are the exclusive property of the respective Party and cannot in any circumstances be used, or copied, or altered in any manner which is identical/ similar the brands/logos/trademarks of the other Party without being specifically authorized in writing by that other Party. You recognize and confirm that E Jugard has the exclusive right to supervise, allow and reject the contents of the Website. E Jugard shall not be liable for contents and images shared, uploaded or displayed on the Website by the Seller regarding the Seller’s Products and all consequent liability will be borne by the Seller only.

18. MISCELLANEOUS

A. Force Majeure.

Any delay in or failure to perform any obligations by the Parties under this Agreement shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of the Party committing default, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage and non-cooperation of third parties.

B. Assignment

The rights and obligations under this Agreement shall not be assigned or transferred by You to any third party whomsoever, during the Term of this Agreement.

DEFINITION

E Jugard Associated Properties

means any website or other point of presence, other than the E Jugard portal/App, through which any E Jugard App or products or services available thereon are syndicated, offered, merchandised, advertised or described.

The word “Platform” shall mean the website located at the URL www.E Jugard.com, including the related mobile site and mobile application as well as the seller portal of E Jugard B2B Trade Portal hold by E Jugard Solutions Private Limited

E Jugard App/Portal

means Android or IOS application registered on Google Play Store or Apple store respectively.

E Jugard Transaction Information

means, collectively, Order Information, and any other data or information acquired by you or your Affiliates from E Jugard or its Affiliates, or otherwise as a result of the Agreement, the transactions contemplated hereby or the parties’ performance hereunder.

E Jugard Prohibited Products

Some of item/product are listed below which are specifically prohibited on E Jugard for selling & listing these products are known as “E Jugard Prohibited Products”. However, this list is not full and exhaustive in all manners, Applicable Laws prevails on product selling & listing.

1. Product encouraging illegal activities.

2. Lottery tickets, raffles or contests.

3. Items not full filling physical presence.

4. Shares, debentures, bonds or any other script dealt in stock market.

5. Items that are religiously oppose.

Program Policies

means, for the E Jugard App/Site, all terms, conditions, policies, guidelines, rules and other information on the E Jugard App/Site, including those shown on the “Policies and Agreements"

Purchase Price

means the total gross amount payable or paid by a customer for Your Product (including taxes and customs duties

Sales Proceeds

means the gross sales proceeds paid by customers in the course of any of Your Transactions, including the Purchase Price, all shipping and handling, gift wrap and others changes, Your Taxes and custom duties, as applicable.

Service

means each of the following services that E Jugard makes available on or in connection with the E Jugard App/Site: the selling on E Jugard Services and the Fulfilment by E Jugard Service.

Service Terms

means the service terms specific to each service set forth herein and made a part of this Agreement upon the date you elect to register for the applicable service.

Technology

means any(a) ideas, procedures ,process ,systems ,methods of operation , concepts , principles and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces , protocols , glossaries , libraries , structured XML formats , specifications , grammars , data format , or other similar materials ; and (c) software , hardware , code , technology or other functional item.

Trademark

” means any trademark, service mark, trade dress (including any proprietary “look and feel “), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under applicable Laws.

Your Account

means the particular account in our systems , in which information about Your Transactions is recorded , and which is one of the online portals and tools which E Jugard May make available to you , for your use in managing your orders ,inventory and presence on the E Jugard App/Site.

Your Materials

means all the Technology , Your Trademarks , Content , Required Product Information , data , materials , and other items provided or made available by you or your Affiliates to E Jugard or its Affiliates.

Your Product

means any product that is made available for listing for sale, offered for sale or sold by you through the Selling on E Jugard Service and/or fulfilled or otherwise processed through the Fulfillment by E Jugard Service in connection with Your Account.

Your Sales Channels

means all sales channels and other means through which you or any of your Affiliates offer or sell products, other than physical stores.

Your Trademarks

means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes: and (b) separate form (and not embedded or otherwise incorporated in) any product specific information or materials

Your Transaction

means any sale of Your Products through the E Jugard App/Site.

E Jugard WebSite” : www.ejugard.com

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