It is an electronic document under the terms of the Information Technology Act, 2000 (“IT Act, 2000”) as well as the applicable rules under it and the rules governing electronic records in various statutes, as modified through the Information Technology Act, 2000. This electronic record is produced through a computer and doesn’t require physical or electronically signed signatures.

This document was released in compliance with the requirements of the Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 which requires the publication of the guidelines as well as regulations regarding privacy policies and Terms of Use that govern access or use on the www.beingyou.in site.

The domain name www.beingyou.in, including the related mobile site owned and operated by Desire Web Services Private Limited a company incorporated under the Companies Act, 1956, with its registered office at Desire Web Services Private Limited, a company incorporated under the Companies Act 1956.

To the extent of the Terms of Service wherever the context permits “you” and “you are referring to any legal or natural person who has signed up to become A Seller through the Platform by submitting registration information when registering on the Platform by using computers. The term “user” shall refer to a Seller, a Buyer, or any other user of the Platform, and the words “we,” “us,” and ‘our’ will refer to Beingyou.

Use on your use of the Platform along with the functions it offers is governed by these rules and regulations (ToU) including the applicable policies that are available on the Platform as well as notifications and other communications that are sent to you through the Platform which are included in the ToU as a reference. If you make a transaction through the Platform and make a purchase, you will be bound by the policies that apply to the Platform for the transaction. Through the mere use of the Platform, you are entering into a contract with Beingyou the terms of service, including the policies from your obligatory obligations to Beingyou.

If you utilize any future or current services that we offer through the Platform you are bound by the rules and guidelines and policies, as well as the terms and conditions that apply to these services. These will be deemed to be incorporated into the ToU and deemed a part of the ToU. We are entitled to, at our sole discretion, alter or modify, amend, or remove any portion or portions of this ToU at any time. We will notify you via any of the modes of communication stipulated in this ToU in the event of any updates or modifications to the ToU that have a significant impact on the usage of the Platform. The continued use of the Platform after the changes or updates means that you have agreed to the changes. If you are in compliance with the ToU We provide you with private non-exclusive, non-transferable, and limited access to and access the Platform.

Accessing, browsing, or otherwise using the Platform signifies your agreement to all terms and conditions under the TOU. By accepting either explicitly or implicitly this TOU you acknowledge that you are bound to all of the conditions of Beingyou applicable to you and as modified from time to time.

1. Seller Eligibility

Access to the Platform is only available to individuals who are able to create legally binding contracts as per the Indian Contract Act, of 1872. Individuals that are “incompetent of contract “within the definition under the Indian Contract Act, of 1872 which includes minors, non-discharged insolvents, etc. cannot utilize the Platform. If you are an adult i.e. less than 18 years old, you may not be able to register as a Seller on the Platform and/or transact on or make use of the Platform. Beingyou has the power to end your registration and/or deny access to the Platform when it is brought to the attention of Beingyou or discovered that you are below an age limit of. If you are registering as a company, you affirm that you have been properly authorized by the entity that you represent to agree to the ToU and that you have the power to legally bind an entity’s business partner to ToU.

2. Seller Account and Registration Obligations

When you access the Platform you are required to supply your information and any other information required by us from time to time including but not limited to the following information to be registered as a Seller:

  • Seller Complete Name
  • Seller Complete Address
  • Seller Complete Contact details
  • Seller Grievance Officer details for Consumer Complaints
  • Telephone number.
  • Email Address
  • GSTIN
  • PAN
  • Business Pan
  • Pincode
  • Pick-up Address
  • Registered Address – Primary geographical address of the headquarters as well as all branches
  • Bank A/c Details
  • Account Holder Name
  • Canceled Cheque
  • Signature
  • Display Legal Name
  • Legal Name / Trade Name
  • Information on contracts (SLA)
  • The total price in one amount of any product or service (break up cost/charge (if there are any)
  • Relevant details about goods, such as Name of the manufacturer, Packer or Manufacturer, and complete address
  • Relevant details about the imported products, such as Name and details of the Importer’s name with the correct Country of Origin (Country’s full name)
  • Guarantees or guarantees that are relevant to all products or products or services you offer through the marketplace.
    •  

You acknowledge that you possess all the necessary licenses and permits required for selling on the Platform which include but not only the licenses that are required by any applicable law.

You will be responsible for keeping confidential the information you provide and also your login name, display name, and password information. You agree to notify us if you provide any information that is not true, incorrect or not current or insufficient or we have reasonable reason to believe that such information is false, incorrect, or out of date or is not in compliance with the ToU We reserve the right to deactivate or end accounts on the Platform or block you indefinitely to access the Platform.

3. Seller Account Deactivation

In accordance with our policy If a Seller makes a request to close the account, it is put on hold for 60 days in order to facilitate the smooth closing of transactions that were made prior to the request for closure and it will be made available to the Seller in downloading tax and payment report in the event that they are needed. After 60 days after which the Seller will be required to notify us that he’s downloaded the reports, and then ask for deactivation once more. Once we receive this confirmation that the Seller’s account has been deactivated, the account will be removed if there are no outstanding payments to the Seller and certain details being stored by Beingyou throughout the day including the registered mobile number and registered email ID, GSTIN and other transaction relevant information. The information is kept to ensure audits and protect against fraudulent actions of Sellers to prevent fraud in the near future. If the Seller decides to begin his business again with Beingyou once more, they is not able to establish a new account, however, the old account may be restored if needed.

4. Seller Account Hold

According to our policy, If a seller ceases selling on Beingyou for up to 60 days with no notification, the account will be placed on hold for a time of 90 days to guarantee an easy closure of the account. Sellers will be able to access their partner portal account for the duration of the full and final settlement of 90 days. The account of the seller may not be restored after the 90-day period and may be required to go through the new onboarding process. The entire set of terms and conditions in the Final and Full settlement policy will be in effect when the account is closed.

5. Communications


When you access the Platform or send us emails, other information, information, or communications via us, you acknowledge and acknowledge that you are communicating with us using electronic records. You consent to receive electronic communications records from us on a regular basis or whenever it is required. We may contact you via email or any other means of communication, whether electronic or otherwise.

6. Platform for Transaction and Communication

It is the Platform functions as a network users use to interact and meet one another to conduct transactions. Beingyou does not participate in and cannot be involved in any dispute or transaction among users of the Platform.

Consequently:

  1. The terms of any contract or commercial agreement are provided by you and are agreed upon between Buyers and you. The terms of the contract comprise (without exclusion) the cost of shipping, price, payment terms, and methods such as date, time, and method of delivery and warranties as well as after-sales service related to the items and/or services. Beingyou is not able to determine or advise, exercise any influence, or be a party to the offer or acceptance of these commercial or contractual terms between Buyers and You.
  2. Beingyou makes no representations or warranties with respect to the particulars (such as price, quality, and merchantability) of the products or services that it proposes to sell or offer to be bought or sold through the Platform. Beingyou does not expressly or implicitly endorse or support the purchase or sale of any services or products through the Platform. Beingyou is not responsible for any errors or omissions by third parties with respect to the products or services offered.
  3. Beingyou is not liable for any failure to perform and/or breaching of any agreement between Buyers and you. Beingyou cannot and cannot assure you that Buyers and Buyers affected will be able to complete the transaction(s) completed on the Platform. Beingyou does not have the right nor is it obliged to resolve or mediate disputes or differences between Buyers and you.
  4. Beingyou makes no representations or warranties concerning the particulars of items (such as the legal status or creditworthiness, identity, etc.).) for any one of its customers. It is recommended to independently confirm the legitimacy of any Buyer you are considering dealing with through the Platform and make use of your best judgment in this in that regard.
  5. Beingyou will not at any the course of any deal between you and the buyer on the Platform enter into or acquire any of the services or products that you offer, nor do you acquire ownership of or hold any claims or rights over the services or products offered from you or to the buyer.
  6. In no event shall Beingyou have any right or ownership or any interest in the Products nor shall they have any obligation or liability in respect of any contract. Beingyou is not liable for any unsatisfactory or inexplicably delayed service, damage, or delays arising due to items that are out of inventory, not available, or back-ordered.
  7. You indemnify and release Beingyou and/or the officers or representatives from any costs in damages, liabilities, or other repercussions arising out from any of the actions of users on the Platform and specifically release any claims you may be able to assert under any law applicable to you. Despite its reasonable efforts in this regard, Beingyou cannot control the information provided by other Users which is made accessible through the Platform. It is possible for you to find another user’s information to be harmful, offensive, or misleading. Use caution and ensure safe trading while using the Platform. It is important to note that there could be dangers when dealing with minors or individuals who are acting under false pretenses.

7. Use of the Platform

You agree and acknowledge you understand that Beingyou along with the Platform only provides hosting services to registered users as well as visitors to the Platform. All items that are listed or advertised and the information contained therein are advertised and displayed by registered users and are created by third-party users. Beingyou will not be held responsible or liable for or arising from third-party user-generated content. Beingyou does not initiate or originate the transmission, nor does it choose the recipient and sender of the transmission, nor does it select or alter the contents of the transmission. Beingyou acts as an intermediary who does not interfere with the exchange between Sellers and Buyers.

  • You agree, accept, and warrant that the use you make of this Platform will be subject to the following rules of conduct:
    • You must not show, host the image, upload, modify or publish, send or distribute any image or data that:
      • is owned by another person, and has no authority;
      • can be extremely harmful, infuriating, causing defamation, blasphemous and obscene. sexually explicit, libelous, pornographic and infringes on one’s privacy, offensive or discriminatory, racially and encouraging gambling or money laundering or any other illegal way whatsoever, or illegally intimidating or harassing, which includes but is not limited to the indecent representation of women in the definition of the Indecent representation of women (Prohibition) Act, 1986;
      • is not true, accurate or misleading in any manner;
      • It is clearly offensive to the internet community including explicit sexual content or content that encourages sexual pedophilia or obscenity, racism or bigotry. or physical harm against any person or group;
      • solicits or encourages harassing another person;
      • is the sending of junk mail, chain letters, or mass mail that is not requested (also known as spamming) that includes spamming in the form of feedback that is not related to surveys;
      • encourages illegal activities or the conduct threatens, infuriates and defamatory, vulgar, or infringes on the reputation of others;
      • infringes or violates any third-party’s rights [including but not the rights to intellectual property and privacy rights (including the unauthorized disclosure of a person’s name physical address, email address, or telephone number) or rights to publicity violates or infringes on the rights of any third party;
      • promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint “below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
      • contain password-only or restricted access pages including hidden pages, images or hidden pages or URLs that lead to other pages (those that are not connected to or from an open page);
      • offers material that abuses people in sexually violent, violent, or in any other way that is inappropriate, or requests any personal information from anyone;
      • Provides information regarding illegal activities like making or purchasing illegal weapons, infringing on privacy rights, or supplying or generating computer viruses. includes unauthorized videos, photos or pictures of another individual (whether was a person of a different age or gender);
      • attempts to gain access that is not authorized or extends beyond the limits of access authorized to the Platform blog, profiles and communities, account details, messages, friend requests and other parts of the Platform or seeks passwords or personal identifying data to use for commercial or illegal reasons from other users of the Platform;
      • Engages in commercial activities or sales through contests, sweepstakes, barter, advertisements pyramid schemes, or the sale or purchase of virtual items that are related to the Platform with our written permission.
      • Through the ToU, the prior written consent refers to a letter from the Legal Department in response to your request, and addressing specifically the conduct or activities that you’ve sought authorization for;
      • is soliciting gambling or engaging in any gambling activity that we, in our absolute discretion, think is illegal or may be construed as unlawful;
        hinders another’s use and use of the Platform;
      • refers to any site / URL that, at our sole discretion, has materials that are inappropriate to be used on the Platform as well as any other site and contains content that is illegal or infringes on the spirit and letter of the ToU;
      • In any way, minors are harmed;
      • is infringes on any patent, trademark copyright, proprietary right, trade secrets of third parties or rights of publicity or privacy rights, is fraud or involves the selling of stolen or counterfeit goods;
      • Infringes on any law that is currently in force.
      • lies to the user or addressee regarding the source of messages or transmits information that is deemed to be harmful or menacing;
      • pretends to be someone else;
      • is a software virus or other computer-related codes files or programs that are designed to interfere with, destroy or hinder the operation or functionality of any resource on the computer or contain trojan horses such as worms, time bombs, worms and cancelbots, easter eggs or any other computer-related software routines that could damage the integrity of, adversely alter or diminish the value of, stealthily access, or take over any data, system, or personal data;
      • It threatens the integrity, unity, and security of the sovereignty of India or its friendly relations with other states or disturbs public order, creates an atmosphere that encourages the commission of an offense or hinders the investigation of any offense, or inflicts insults on any other nation; or violates the national and religious beliefs of the nation as outlined in the Zero Tolerance to Profanity that harms the national and religious Sentiments ‘ policy.
        well, either direct or indirect, make an offer, or try to offer trading or try to trade any product that is prohibited or restricted in any way pursuant to the applicable law or rule, regulation, or guideline at the time being in effect;
      • It is not recommended to gain access to the Platform without authorization for any component or feature of the Platform or any other networks, systems, and computers that connect to the Platform Server or network, computer system, or services available on or through the Platform via hacking, password mining, or other unlawful methods.
  • You should not utilize any deep-link, page-scrape or another robot spider’, or other automated device programming algorithm, technique, or other similar procedure to access copies, to monitor all aspects of or monitor any part of the Platform as well as its information or to duplicate or circumvent the navigational structure, style or layout or presentation of or presentation of the Platform as well as any additional content, to gain access to or get the information using any other method that is not accessible through the Platform. We are able to ban any of these actions.

  • It is not permitted to test or probe the security or the security of Platform and any other networks connected to the Platform or to breach the security or authentication safeguards that are in place on Platform or any other network that is connected to Platform as well as any network linked to the Platform. It is not permitted to reverse-look-up or track or attempt to discover information on any other visitor or user on or through the Platform (including accounts you have in your account on Platform that aren’t owned by you) or return to the source, or use Platform or any other Platform or any service, information or other data that is made available or through Platform or made available by Platform in any way which is intended to disclose the information (including but not exclusively personal identification information, as well as any additional information that is not your personal information) provided by the Platform.

  • You agree to refrain from making any defamatory, defamatory negative, or defamatory statement(s) or comment(s) about Our brand, our company and the domain we employ, which includes Beingyou, Beingyou affiliates and associated entities, or engage in any action that may affect the image, reputation and the image of Beingyou and the Sellers who sell on the site or in any way tarnish or diminish the value of any Beingyou trademarks and service marks or trade names, or any goodwill that is associated with those trademarks, service marks or trade names owned or used to the corporation. You agree not to undertake any activity that causes an unreasonable burden on the system, the infrastructure Platform, or any of its networks or systems, or any other network or system which are connected to Beingyou.

  • You agree not to utilize any device, software or program to interfere in or try to disrupt the operation that is provided by the Platform and any transaction that is conducted on the Platform or through another person’s use or use of the Platform.

  • You should not modify headers or identifiers in order to hide the origin of any message or transmission that you communicate to us through our Platform as well as any service provided by the Platform. You should not assert as an individual a legal entity or impersonate any other person or entity.

  • You are not allowed to use Beingyou’s Platform or any other content that is unlawful or prohibited by the ToU or to facilitate the taking of any illegal activity or participate in any way that violates Beingyou’s rights. Beingyou and/or other users.

  • You must remain completely in compliance with all the applicable regulations set forth within the Information Technology Act, 2000 and the other rules and regulations that apply to it and updated from time-to-time, and any applicable laws or regulations and regulations (including the rules that apply in Exchange Control Laws or Regulations that are in effect) as well as International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including those that relate specifically, however not limited to, the Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI) and the applicable State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty and Local Levies in the event these laws are in effect) and obtain the required licenses and permits to access to our website, as well as our services and equipment, and the offering, solicitation, or purchase for offers of purchase and selling of products or services. You are not allowed to conduct any business transaction that involves the sale of a product or service that isn’t allowed by the regulations or laws in force, such as the laws governing exchange or control during the period of.

  • Only to allow us to utilize the information you supply us with and to ensure that we don’t infringe any rights that you may hold in your data you give us a non-exclusive, worldwide perpetual, irrevocable royalty-free as well as license-sublicensable (through different levels) right to exercise rights to copyright and publicity rights, or any other rights you may have in your personal information for any future or current marketing or advertising-related operations and all business-related purposes of Beingyou.
    In some instances, you’re required to provide information regarding the products or services that you are planning to provide by you. In this regard it is your responsibility to make sure that the information supplied is correct in every way. You must not exaggerate or exaggerate the qualities of the services or products to deceive users of this Platform by any means.

  • It is not permitted for you to solicit or advertise by other sellers through this Platform to purchase or sell any products or services, which includes but isn’t limited to services that are related to the content that is displayed on the Platform. You are not permitted to send chain letters or unsolicited commercial or junk mail to customers who have bought on the Platform. It is a violation of ToU to use any information gathered through the Platform to harass, abuse, or harm others or to communicate, encourage and solicit sales or offers to individuals who have not made a decision to purchase from you. We retain the right to at any time disclose the information (including information about individuals who have submitted information or material via the Platform) to ensure compliance with any regulation or law or to meet the requirements of a legitimate government. This may include, but not be an exclusion, disclosure of data in the course of an investigation into a crime or solicitation for it as a result of a warrant or court or court order. We can as well (and you expressly consent to us to) provide any information concerning the person you’re with to officials of the authorities or other officials of the government who, at our discretion, decide necessary or appropriate to aid in the investigation and/or solution of any crime, specifically those that could cause injury to the victim. We are able, however, we are not required to examine the content uploaded through the Platform. Beingyou reserves the right at its discretion, to remove any content that is in breach of or may violate any law, or the purpose or spirit of the ToU. However, despite the right granted, you are solely accountable for the content you post on the site and for your personal communication to buyers as well as OTHER sellers regardless of the format.

  • Be aware that any postings are not a reflection of the views of Beingyou. In no event is Beingyou accept or be held responsible for any responsibility or liability in connection with the content posted through the Platform or for any claims, damages, or losses which result from its use or the appearance of it on the Platform. You affirm that you are a fact that you possess the rights to all posts you make as well as the information contained within it. You also declare that the content you post does not infringe any rights of proprietary or other nature that are owned by third parties or contain incorrect, misleading, or illegal information.

  • Your correspondence or business through or participation in advertising activities of advertisers on or through the Platform (including the delivery and payment of goods or services ) or any other terms,

  • the terms, conditions, and warranties in connection with these transactions) are exclusive between you and the advertiser. The terms, and warranties that are associated with these dealings are solely between you and the advertisers way responsible for any loss or damage that results from or because of dealings with advertisers or the display of their ads on the Platform.

  • There is a risk there is a chance that the individuals (including hackers who aren’t authorized or not authorized’) may post or transmit inappropriate or offensive material on the Platform and you may be exposed to such materials. There is also a possibility that third parties get access to personal data through what you do on the Platform and then use that information to harm or harass you. We’re not against this type of unauthorized use. However, when using the Platform you agree and accept that you’re not responsible for the use of personal data that you publish publicly or share with other users on the Platform. Make sure you choose the correct type of information to publish or share with other users on the Platform.

  • Beingyou has the right to take any action necessary and seek damages that may arise from your participation or involvement in any way by you or a group(s) of persons who were either by accident or intentionally involved to take part with DoS (denial of services) (denial of service) DDoS (Distributed Denial of Services).

  • Its affiliates and/or Beingyou might periodically in conjunction or partnership with its partners, and third-party sponsors, create or permit promotions on the platform to the benefit of Sellers and customers. Third-party sponsors and partners may establish objectives for the selection of Sellers who can receive the benefits of the campaign. Sellers who qualify by the objective standards established by the sponsor and program will automatically be signed up and will benefit from the promotions. If a Seller cannot meet the requirements that are unbiased, Sellers could choose to participate in the promotions by explicitly deciding to join the campaigns. If the Seller opts to participate in promotions that they’re not eligible to participate in, to increase sales, they’ll be accountable for the expenses associated with these promotions which are, if they’re present only for the selling their products. To prevent confusion, it’s possible that certain Sellers might be eligible, but certain ones may not be based on the eligibility requirements defined for every campaign. Review the notification and other communications related to your campaign to find out more details that will be sent to you in regular intervals.

  • You must adhere to the guidelines provided by Beingyou to ensure ethical business practices. You do not engage in any cartel or similar arrangement which could affect the price or sale of your product via the Beingyou platform in any way or in any manner.

  • It is your responsibility to ensure that the personal information of your customers is used only to perform a customized transaction in accordance with the authorization from Beingyou/Customer. The information of the customer that is that is shared with the seller needs to be secure and private and must be deleted after the expiration of the warranty. It isn’t authorized to utilize the information of customers to fulfill any purpose not permitted by the seller.

8. Selling

As a registered seller, you’ll declare what item(s) are for sale on the Platform in accordance with the guidelines set out as a reference in the ToU. It is mandatory that you have the legal authority to sell the item(s) that you wish for sale through the Platform and that you have all licenses and permits required to sell the item. Check that the items you advertise are not in violation of rights to intellectual property or trade secrets, nor any other rights related to exclusive information, rights of privacy, or publicity rights of any third party. Listings should contain only text or graphics, or videos that contain details about your product that is to be sold. Each item should be listed in the appropriate section on the Platform. Each item listed must be available to ensure that the sales are completed. The description in the listing must not mislead and accurately reflect the actual state of the object. If the description isn’t true and doesn’t accurately reflect the condition and the state of the item, you’ll reimburse any amount that you may be due by the buyer. You agree not to list an item in multiple amounts across different categories on the Platform. As you have the option to eliminate listings of the same item that you place in various categories. In addition, you have the right to restrict the sale of certain products in specific countries.

9. Selling of Goods / Services

To ensure efficient and smooth running in the operation, parties have agreed to:

  • The invoice will be paid by the parties concerned within the period prescribed by the Central Goods and Service Tax Act 2017.
  • “You must also ensure complete conformity with the provisions that apply to Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) with respect to the services or goods provided by you.
  • Your responsibility is to collect the appropriate taxes on goods and services on the goods and services you purchase and then remit the same to the government. Beingyou is not responsible for any error and/ or omissions on your part.
  • As per taxes collection provisions at source in IGST, CGST and/UTGST or SGST the portal will take tax collection at the source, based on the applicable rates for the value of supplies that are tax deductible via the portal and pay it back to the appropriate government.
  • If there is a mismatch in the tax collection process at source, you will be required to supply all the relevant details to Beingyou to be in touch with relevant authorities and, in the event of any obligation arising due to omissions will be taken from the taxpayer.
  • You must submit the appropriate Harmonised System Nomenclature (HSN) code number for each product listing, which will be verified by Beingyou. If your HSN Code number is not valid, Beingyou system will not allow the inclusion of those products. Beingyou will not be held accountable for the proper designation of HSN code. The classification of products that are corresponding to the correct HSN is your obligation. Beingyou is not liable for any disputes arising from the incorrect HSN following by you.
  • You will also have to supply your GSTIN and without it, we won’t be able to create an invoice for you. If you do not supply you with your GSTIN number, the transaction in your bank account would be stopped and orders won’t be completed through your account. In the event that you are giving an ISD Distributor registration number, Beingyou will issue an invoice for that ISD GST Registration Number provided by you. You are responsible to perform the necessary compliance requirements with respect to the ISD registered number.
  • Beingyou will not consider any changes to invoices due in error to the GSTIN supplied by you. Any changes to GSTIN must be applied retrospectively and none of the invoices issued prior to the date of issue are considered in the event of any change or issue in the form of a credit note.
  • Beingyou will issue the credit notes or debit cards only in the specific scenarios that are outlined under GST rules.
  • If you are unable to access credit for any reason that we can attribute to us and you are unable to avail credit, you must inform Beingyou within two months of the error. If the issue is not communicated by Beingyou within the 2 month period, Beingyou shall not be accountable for any tax credit loss that you may have.
  • You will be required to furnish your ID number, if it is appropriate, in the absence of which we cannot refund any TDS paid by you for government tax purposes.
  • Seller must request repayment of TDS after sharing the Form 16A from any particular financial year prior to the 31st day of August of the next fiscal year. Beingyou will confirm the same using their Form 26AS. They refund according to the form. Beingyou will not reimburse any TDS for any requests received after August 31, the following financial year.
  • Beingyou will withhold any all income tax as required under the Income Tax Act, 1961 and issue a tax withholding certificate to the tax withheld, if applicable.
  • Seller must indemnify and defend Beingyou as well as its officers, promoters employees, directors and affiliates, agents, sub-contractors, and other representatives from any loss, including the loss of tax credits for input and other demands, claims, liabilities lawsuits and penalties, as well as costs or any other expense (including attorney’s expenses and fees) due to a the violation of tax laws applicable that the seller has committed (including but not only non-filing the required forms with the tax authorities in order to claim tax credit, etc. ).

10 Income-tax

  • Beingyou will withhold taxes in accordance with the rules required under the Income-tax Act of 1961. Presently, Beingyou is liable to withhold tax under section 194-O in the Income-tax Act of 1961, at the applicable rate for the sale of products or provision of services that are offered through the Platform. In this regard, the portal will pay the tax to the sale of goods or the provision of services that are facilitated via the portal after deducting taxes applicable.
  • If you submit a Nil/Lower tax deduction certificate in accordance with Section 197 of the Income-tax Act of 1961 (‘LDC’), to Beingyou and it will deduct or collect taxes according to the rates stated in the certificates. If LDCs mentioned above are changed by the Income Tax Officer later you must notify Beingyou and any responsibility due to negligence, is your responsibility.
  • Beingyou accepts to provide form 16A for you in the the specified deadlines in accordance with the Income-tax Act 1961.
  • You are accountable for collecting the applicable tax (‘TCS’) under provisions of Chapter XVII, BB of the Income Tax Act of 1961 on any sales or services provided to customers and to make sure that you have that you meet the required compliance requirements in this respect. Beingyou does not assume any responsibility for any withholding tax or other compliances which apply to the purchaser/you in this capacity.

In the event of a contradiction between the provisions of this clause and any other clause of these conditions of use The provisions of this clause shall prevail.

 

You agree and promise to not at any time, buy more than 25 percent from your stock (in terms of value per year in the course of a financial year) that is claimed to be sold through the Platform and/or by Beingyou and it’s Group Companies. Group Company shall be given the meaning outlined in the current Foreign Direct Investment Policy of India. We may ask you present a certificate (including auditors’ certificates) to prove the compliance of this requirement.

 

We don’t have a requirement that your products are sold exclusively on the Platform. To make it clear beginning on February 1 2019 Beingyou has unilaterally waived any obligation to the Seller to sell exclusively through the Platform. Any oral or written agreements in contravention, will be waived unilaterally.

 

In accordance with Section 194-O of the Finance Act, 2020, Beingyou will take deduction of TDS on the total value of sales (excluding GST) of products or the provision of services via Beingyou‘s Platform at 0.75 percent from the 1st of October, 2020 until the 31st of March 2021, and at 1% after that.

11. Content Posted on the Platform

All text, images Seller interfaces, visual interfaces, photos trademarks, logos and other music and sounds notes messages, emails, billboard advertisements and profile, views, suggestions audio, images, video files, or other information (collectively “Content”) are generated by third-parties and Beingyou is not responsible or obligation with respect to such Content that is generated by third parties. Beingyou is only an intermediary to fulfill the requirements of this agreement. As long as the terms are specifically provided in the ToU The Platform, and the Content in particular, is not available for copying, reproduction, transmission, the Platform comprising the Content is permitted to be reproduced, copied and/or uploaded, published or displayed publicly, encoded, translated, or transmitted and distributed by any manner (including mirroring) in any way to another server, computer or website to be published, distributed or commercial purposes without Beingyou’s prior written permission.

You are able to make use of the information about the products and services that are made accessible through the Platform to download, provided that you with the following:

  • Do not erase any proprietary notices from the copies of this Content;
  • Use the Content solely for private, non-commercial informational purposes and don’t copy or publish this information on any computer connected to networks and do not broadcast the information to other media.
  • Make no changes to any Content.
  • We do not make any further representations or warranties regarding the Content.

You are responsible for the Content that is posted or accessed via the Platform by You. The Content becomes your ownership which means that you are granting us worldwide perpetual, royalty-free, and transferable rights to such content. We are entitled to, in accordance with our privacy policy established according to applicable laws, make use of it or its components for any kind of purpose at any time including, but not restricted to, advertisements and promotions in any medium, currently known or in the future devised or in the creation of derivative works. You acknowledge that the content you upload could use by us in accordance with the terms of this ToU and that you are not legally entitled to any compensation or payment for the use you make of it.

12. Limited Licence

Beingyou gives Sellers an exclusive, transferable and non-exclusive assignable, non-sub licensable and personal license to utilize the “beingyou.in” name and / or logo on invoices issued by Sellers for transactions that are concluded through the Platform. Additionally, Beingyou grants Sellers a limited, non-exclusive, non-transferable not-sublicensable and non-assignable personal license to make use of the “beingyou.in” name and / or logo on packaging materials that is used by Sellers to deliver the products that are sold through the Platform.

 

13. Types of Sellers

All registered sellers are classified by the following requirements:

  • The sales achieved from sellers (revenues as well as units)
  • Experience of fulfillment provided to customers (breaches as well as cancellations)
  • Percentage of a local / zoned shipment from your total shipment
  • Percentage of total shipments delivered in the same region to customers by the Seller
  • Feedback from customers about the products offered by these seller (returns as well as ratings) and more.
  • The thresholds for each of these criteria are transparently listed on https://partners.myntrainfo.com/RateCards?storeId=2297. Based on the categorization/tier sellers enjoy benefits that include the following:
  • Card with reduced rate for cost of shipping
  • Support for managing accountsFaster payment

Beingyou retains the option to change its categories, requirements and benefits to ensure healthy competition among the Sellers to ensure that their performance will result in more satisfied customers on the platform.

 

14. Payment

  • Transactions, transaction prices and any commercial terms, including the delivery, dispatch and/or shipment of goods and/or services are subject to the principal bipartite contractual obligation between Buyers and Sellers, and The payment facilities are utilized by Buyers and Sellers to facilitate the processing of transactions. Utilizing the payment facility will not make Beingyou any responsible or liable for non-delivery, non-receipt or insufficient payment, damage caused by breach of representations or warranties, the non-supplement of warranties or after-sales services, or any fraud in relation to the services and/or products listed in the Platform.
  • You have expressly authorized Beingyou as well as its providers of services to accept to process, facilitate and then remit payment and / or the price of transactions by electronic means or via cash upon delivery (CoD) to and from Buyers as a result of transactions made through the payment facility. You have a relationship Beingyou is on a primary to principal basis. By signing the ToU and agreeing to the terms, you acknowledge you understand that Beingyou operates as an independent contracting company in all respects and has no any control over or responsibility for the services or products which are offered in the Platform and are paid for using the payment service. Beingyou cannot guarantee authenticity of a user and does not guarantee that a Buyer or Seller will be able to complete the transaction.
  • You acknowledge, agree and acknowledge that the payment option offered by Beingyou is not a bank or financial service, but only a facilitator offering an online, electronic, automated electronic payment service for payments, cash upon delivery (CoD) payment collection and remittance
  • for transactions made on for transactions on the Platform that use the existing authorized banking infrastructure and for transactions made on the Credit Card Payment Gateway (PG) system. Furthermore, by providing a the payment service, Beingyou neither acts as an agent of trust or fiduciary in regard to transactions or the transaction cost.
  • It is now clarified that the cash on delivery (COD) option might not be available on certain categories or products, in Beingyou’s discretion.
  • All bank transfers made online from valid accounts of banks are processed by the payment gateway offered by the bank that issued the account that has a payment facility for providing these services to customers. Any online bank transfer through payment facilities are subject to those terms and conditions that are agreed to by a Seller and Buyer and the issuing bank.

15. The dispatch of goods and/or services

  • As Seller, will be obliged to deliver the goods and/or services in each transaction to the Buyer within the time frame stipulated in the ToU so that goods and/or services are provided in a timely manner. Furthermore, you are the sole person to be responsible for taking on insurance for items sold through You on the Platform. To avoid confusion, Beingyou will not be in charge of arranging any insurance(s) for the sale of products through Sellers through the Platform.
  • Seller will provide information about dispatch and information about after-sales services that are related to the services and products that it lists through its Platform for Beingyou in the way and within the time period specified in the policy in the event that the transaction is not provided, and will be canceled.
  • Seller must deliver the goods and/or services with only a valid delivery service that has the proper proof of dispatch and of delivery’ (PoDs) documentation. The PoD documents pertaining to delivery must be kept by the Seller or any of the agents who made deliveries for a time of three (three) three years following the dispatch date. The PoDs must be provided to Beingyou upon request within the timeframe they are notified periodically.
  • Seller acknowledges that the dispatch details are authentic, accurate and legally authorized and are not misleading or unlawful, fraudulent, or false and should not contain any misleading facts.
  • If the Seller does not provide details about dispatch or dispatch information that does not conform to guidelines, it will result in penalties as specific within the ToU and could result in the suspension or even the termination the Seller account.
  • Seller agrees that the cost paid by a buyer will be transferred to the Seller’s bank account dependent on the following circumstances:
    • The buyer acknowledges the delivery of items and/or services during the transaction
    • Buyer is not required to make any decision on the payment facilities to confirm delivery within the time frame specified in the policy, despite the confirmation of dispatch of goods or services an Seller to the Buyer;
    • The buyer’s claim for refund is denied by Beingyou due to a violation of the ToU policy, the ToU, or any applicable law.
    • After the transaction has been completed by the Seller The remittance to the Seller will be done according to the RBI Intermediary Guidelines.
  • It is mandatory to send all consignments or shipments via the Logistics Partner unless specifically stated. “Logistic Partner” means a logistics service provider that has been authorized by Beingyou.

16. Prepaid Payment Instruments

BeingYou may, both on its own and through third party service suppliers, provide prepaid means of payment to its Users for carrying out transactions on the Platform. Purchases made using Pre-Paid Instruments by Buyers using the Platform shall be subject to the following terms and conditions:

  • The prepaid instruments could be used to pay for the goods and/or services bought through the Platform.
  • The prepaid instrument can be used by Buyers to redeem them by choosing the payment method that is available via the Platform.
  • The instruments prepaid cannot be used to purchase any other gifts or gift cards.
  • If the value of the order is greater than the amount of these pre-paid instruments and the balance is not paid, it must be paid to the buyer via Credit Card / Debit Card or online banking. COD cannot be used as a payment option in these transactions.
  • If the amount of the order is lower than the value of the prepaid instrument the remaining balance (after the deduction of the order value) will be reflected as a the credit balance of such instruments.
  • Prepaid instruments as well as any unpaid balance on such instruments prepaid will expire one year from the date of date of issue.
  • Prepaid products cannot be exchanged to cash.
  • Beingyou is not liable in the event that prepaid instruments get lost or stolen or misused without authorization.
  • Customers can combine and utilize up to 3 instruments prepaid per order. They are able to be combined with coupons for promotions.
  • Prepaid instruments purchased do not qualify for cashback deals.
  • All sellers who are on the platform will accept this pre-paid instrument as an instrument for payment.

Beingyou will make payment to Sellers whose goods and/or services were purchased by Buyers by redeeming Electronic Gift Vouchers (EGVs) in accordance with the guidelines issued by the Reserve Bank of India from time to time.

 

17. Financial Facilities for Customers

Beingyou has established tie-ups with several partners to provide customers with financial assistance for buying products from the platform, thereby increasing the ability of customers to transact. As a result of this scenario, should the Customers choosing to join Financial Assistance Program, and you receiving the funds through the partnership (on behalf of Customers) You hereby consent to transfer all receivables due from the Customer in connection with this transaction. So, you agree that without further action from you following receipt of the amount due from these partners, all receivables owed by the Customers will be assigned to the partner. You authorize Beingyou to sign any document on your behalf to complete and finish the assignment. After such assignment the financing partner will be entitled to all rights that the Seller could have enjoyed regarding receiving receivables from the customer and the customer will be obliged to pay the finance partner directly. The lending partner also reserves the option to transfer and assign those receivables subject to these conditions to an NBFC or financial institution in the manner they deem appropriate.

 

18. Growth Enablement Charge:

If you are considering listing the product or service you want to offer for sale on the Platform We encourage that you review our fee policy, which is available on the seller’s portal or in the form of a contract between the parties through an agreement in writing. Beingyou currently charges the following fees for selling to sellers on board:

Although Beingyou does not charge any fees for onboarding however, a one-time growth enablement fee will be charged, which will be taken out of sellers’ payments on the Beingyou platform. This fee would be used to purchase product listings and credits, as well as the provision of access to the Partner Insights of Beingyou using any of the following ways

  • A growth enabling fee of INR 15,000 would be charged and INR 30000 worth PLA credits would be provided to the seller, with a 6 months to expire to use PLA credits. PLA credits.
  • A growth enabling fee of INR 25,000 will be imposed and INR 50,000 worth of PLA credits will be granted to the seller, with a 6 months of expiry for PLA credits.

Additionally, full access to the insights will be provided to sellers who have been accepted no cost beginning in month 2 and ending of the month 4.

The default version of the growth enabling cost is INR 15,000, while the seller has the option of opting for 25,000 growth enablement fee and also be eligible for the applicable benefits.

The opt-in to pay the INR 25,000 growth enablement fee may be done by submitting an additional document that is published on the partner portal to request acceptance. If this document is approved by you before going live on Beingyou Platform and Development Enablement a fee of INR 25,000 will be charged and benefits will be distributed in accordance with.

Beingyou is entitled to modify the fee structure from time time. Particularly, Beingyou may, at its discretion, introduce new services or modify any or all the existing services that are available through the Platform. In this case, Beingyou reserves the right to charge fees for new services, or modify or introduce fees for current services as could be. The fee policy changes will be announced to the Platform and the changes will automatically take effect immediately after they are made available in the Platform. Unless stated otherwise the fees will be expressed as Indian Rupees (INR) and paid to Beingyou. You will be accountable for ensuring compliance with all applicable laws when the payment to Beingyou. You hereby acknowledge that Beingyou has the right to offset any amounts due and due By You Beingyou against any due payments to Beingyou to You.

You authorize Beingyou to collect all other charges that are applicable to customers on behalf of Beingyou. You acknowledge that this charge could remain with Beingyou when the services relating to these charges have been supplied to Beingyou for the benefit

19. GST/Taxes

You are accountable for any fees incurred through the usage for the Platform and the charges that are incurred for such use. You agree to pay all taxes, charges or charges, as well as any cesses imposed on it (including GST + CGST/IGST or CGST + GST cess, if appropriate to the particular transaction).

  • A Seller acknowledges that Beingyou might offer Express Remittance to qualified Sellers in accordance with the payments settlement policies. Express Remittance will be subject to the RBI Intermediary Guidelines and agreements / directives of the nodal banks. Beingyou in its sole discretion, can make an offer to qualified Sellers and it should not be taken as an entitlement, but rather as an option. Sellers who are eligible are aware they are aware that Beingyou has the discretion to cancel the Express Remittance at any point for any breach to the ToU or Beingyou’s policies, and or inability of the Sellers in question to conform to the rules that may be set by Beingyou at any time.
  • Generation of an invoice: seller acknowledges that the issue of a correct and complete invoices will be the only and main obligation of a Seller. We can assist you in this process by creating an invoice on behalf of you. In order for us to create these invoices, we’d require a digital picture of your signature that is affixed to the invoice. The invoice is then produced and delivered at the request of the Seller. The Seller will be obliged to physically sign the invoice then print the invoice and then attach it to the consignment. The invoice produced by Beingyou is to be attached by the Seller to the consignment. In spite of anything else in these terms of service in the event of a dispute, the Seller is the sole responsible party for any obligation that may be imposed by tax authorities due to any difference in the invoices.
  • A Seller acknowledges that the issue of an accurate and correct statement is only and most important obligation of a Seller.
  • In the event of any chargebacks imposed from the banks, Beingyou shall have the ability to deduct these charges from Seller Remittances, both current and future. The Seller’s only recourse will be to discuss and resolve the issue to the bank. The Seller accepts all cooperation to resolve charges back disputes brought by a Buyer via the bank. The Seller will also submit the required documentation regarding transactions to full satisfaction of the bank. If the chargeback case is decided against the Seller, Beingyou shall be legally able to seek the refund against the Seller to the fullest extent and the bank’s ruling will become final and binding in this respect. If Beingyou has made any over amount to the Seller in error, such extra payments will be subtracted from any future payment due from Beingyou in the future to the Seller.
  • Beingyou could delay in notifying the confirmation of payment, i.e. notifying the seller to send when Beingyou believes the transaction is suspicious or a Buyer is involved in massive transactions in order to protect the transaction and price. Additionally, Beingyou may hold transaction prices and fail to inform Sellers to deliver or remit the transaction price to police officials (instead of remboursing the transaction to a buyer) on the instruction of police officers as well in case of a buyer engaging in any type of criminal act.
  • Sellers agree that Beingyou cannot be held responsible for any losses, damages, interest or claims. that result from the non-processing of an order or transaction price, or because of a delay processing a transaction price that is out of Beingyou‘s control. Beingyou.
  • Beingyou will make payments to the account of the seller a Seller in the registration process for Sellers. After Beingyou has paid out to the bank account with a particular number, Beingyou shall be discharged of all obligations to the Seller, and the Seller will not be able to make any claim in any way.

20. Conformity with Laws

  • Seller acknowledges and guarantees conformity with the laws in force and will sign the declarations contained by this ToU.
  • If the selling jewelry and the Seller must provide a hallmark certificate (in conformity with the the applicable laws) alongside the product at the moment of delivery. Additionally, it is the solely the obligation that of the Seller to comply with the requirements of hallmarking or similar regulations that apply to the sale of jewellery. Beingyou is not responsible in any way for any violation of this in this regard.
  • If the sale of jewelry, Seller shall ensure conduct of Buyer KYC in accordance with prohibition of money laundering laws as well as other laws applicable. Beingyou is not responsible in the conduct of Buyer KYC.
  • Seller is fully compliant with the relevant laws and regulations, including but not specifically the prohibition of money laundering (including knowing your customer as well as due diligence on the part of customers) as well as sanctions (economic as well as trade) implemented by United Nations, the Republic of India, U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). The parties will not engage in any transaction under this agreement which causes the other party to break these laws and regulations.
  • Seller must ensure that all products are not sourced for use in manufacture or the supply of services that originate entirely or in part either entirely or partially, of any one of the countries prohibited stipulated in the OFAC Regulations as well as Other Applicable Sanctions Regulations’. The current Trade Compliance Policy Statement is available on the Seller Learning Centre.
  • In the event you gather or access, utilize to store, document or in any other way perform (collectively “Process”) the personal identifiable or identifiable information like name or gender, age physical address, email address, telephone number, in any form, that could be tied to a particular person (“Personal information”) obtained by you via or on behalf Beingyou (or or any Beingyou subsidiary company) employees or contractors, users partners, employees, or any other third-party sources or for the purpose of fulfilling the obligations set forth in this ToU (“Beingyou’s Personal Information of Beingyou“) You agree to:
    • adhere to the applicable laws on data protection regulations and rules governing the use, collection of protection, retention, and notification of breaches disclosure, and notification of breaches. Personal Information including but not restricted to the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and sensitive personal information or data) Rules, 2011 (“Applicable Data Protection Law”) and any other requirements that apply to the storage and cross-border transfers of Personal Information outside India;
    • Beingyou will treat and protect all personal information with utmost confidentiality and will always have an obligation to protect personal information.
    • Process Beingyou‘s Personal Information solely for the purpose of fulfilling your obligations under This ToU and not to sell rent lease, trade the information to promote its own advertising or for marketing purposes or in any way make an illegal disclosure of Beingyou’s personal Information to any third-party.
  • If you do, and in the event that you disclose your personal or other Private Information to Beingyou to process the same, you represent that such Personal Information was gathered lawfully and that there is no restriction for you in your rights under the Applicable Privacy Law to provide the personal information to Beingyou or any processing conducted by Beingyou in accordance with this ToU. We will only use information provided by you in accordance with this ToU and our Privacy Policy. Beingyou could share your data with Brands/Government authorities or any other authorized personnel in the event of infraction to the laws and regulations that apply to Beingyou or this ToU.
  • It is your sole and sole obligation to make sure that the items you wish to offer on Beingyou for sale are legal for such a sale and aren’t restricted or prohibited under any the conditions set forth by the laws in force of the country and the Beingyou’s Prohibited and Restricted Items Policy or any other Beingyou policies/ Indian Laws listed in the Seller Learning Portal.
  • Products must be in compliance with requirements of the Legal Metrology laws and Indian Labelling standards by ensuring the weights and measurements of the product and/or its components meet the legal and mandatory specifications of the same. This will ensure that the product and / or its components authentic, reliable and safe for consumption / use by the customer. Beingyou is not liable for any liability for any actions initiated by a dissatisfied customer or consumer on behalf of the vendor in connection with violation of. In the event of a dispute from the Consumer or Customer The Seller is obliged to address any queries regarding the non-compliance with The Legal Metrology Laws, failing which Beingyou can indefinitely or temporarily suspend, terminate, or suspend or block your account, at its own discretion.
  • Conformity to the Consumer Protection (E-commerce) Rules 2020, as amended and in the event of a substitution from time to the point of
    • Do not deceive or confuse the consumer by submitting false reviews about your own products
    • Quality of service and features that appear to be Consumers in Beingyou Platform.
    • If you discover that your products or services are not as described either deficient, insufficient, adulterated or false, or if your products or services do not meet the requirements or do not meet the requirements as stated or as per the agreement, or delivered in excess of the delivery date stated. You will be able to offer benefits such as Refund, Replacement or Return as well as Warranty, Exchange and Guarantee, withdrawal and cancellation on the products or services offered on Beingyou Platform.

    • You agree and promise to abide by:

      • To sign up with Beingyou to sell your goods or services on the Beingyou Platform;

      • to establish a Consumer Dispute Redressal Mechanism to resolve consumer disputes that are referred to the Beingyou Platform;

      • The products and services available at Beingyou Platform are of the same quality and features. Beingyou Platform are consistent with the actual quality and features of the products or services listed on the Beingyou Platform;

      • To display all your information like your company’s name or company’s address, contact details for customer service and consumer’s reviews for the item or service listed and any other information, if there is;

  • You are responsible for show your
    • Information about products and services are available on the Beingyou Platform that must be displayed in accordance with the applicable laws.
    • The total cost of goods / services, and the breakup of all charges that are required (delivery charges, handling charges, postal charges transportation charges, and any applicable taxes);
    • Date of manufacturing or packing Date of packing, expiry date of product in the event that law permits it;
    • The information required for products and services such as Country Of Origin to enable the customer to make an informed choice;
    • In order to designate your Grievance Officers
    • If your product is imported through you or by an individual, but you have to give the information including Name and complete address, such as “Imported through”;
    • You are responsible for ensuring the authenticity or authenticity of your products or services;
    • You must provide regular updates on the delivery and shipping of goods or services that are delivered from your premises.
    • You must give the guarantees or warranties for your goods or services, if applicable.
  • Compliance with The Legal Metrology (Packaged Commodities) Rules 2011 as amended and substituted from time-to-time
    • Your services or products listed on the Beingyou Platform has to comply with the rules of Rule 6. (10) of the LM (PC) Rules, 2011.
    • It is your responsibility to showing all declarations on the label of your product to the Beingyou Platform, as per the Rule 6. (1) in the LM (PC) rules for the review of the consumer;
    • If you fail to comply with the terms of your agreement with respect to your product or services that are listed on Beingyou‘s BeingyouPlatform, you shall be the sole responsible for any legal consequences;
    • You shall indemnify and continue to indemnify Bikingyou for all indirect and direct costs, damages or penalties, fines etc. incurred by Beingyou and/or whenever imposed by any government office or authorities in connection with the illegal act. or any legal default or omission by You in relation to Your goods or services offered in the BeingYou Platform.

21. Seller Action Framework

Beingyou could take appropriate action against the seller for infractions to any applicable laws, as outlined in this User Agreement or any other applicable to the Product that is listed by You. This could include but need not be restricted to delisting You from the Platform as well as blacklisting Your account from the Platform. Beingyou may impose appropriate penalties for non-compliance with this document if it is deemed to be appropriate.

 

The Seller will be accountable and accountable for any government communications sent by authorities from Beingyou. Seller will defend, respond to and keep Beingyou free from any claims arising from any listing provided by the Seller.

 

The Seller is accountable for listing the product within the category specified and will not place the items within any other categories that could mislead consumers in any way. The Seller will be accountable for any return resulting from a manufacturing defects and will communicate with the manufacturer to resolve any such issues.

 

Seller shall be liable for any penalty or action received by BeingU and shall be liable to pay the full amount of the penalty if determined by BeingU. Bingyu is not responsible for any infringement or violation of the seller’s law.

 

For more information on details regarding Seller Act Framework see the Beingyou‘s Prohibited & Restricted Item Policy.

22. Product Description

Beingyou cannot warrant that the product description or any other information on the Platform is correct, complete or current. or error-free. Beingyou assumes any responsibility for this.

 

23. Audits

Beingyou will be entitled to examine and audit the records of Seller and their premises or location of business either through its own or through Beingyou authorized third party testing companies. The cost of audits is solely the responsibility of Beingyou except if the audit shows an error in the Seller’s accounts or the Seller’s policies are not being followed by Beingyou In that case, the expense of auditing will be paid by the Seller.

 

24. Breach

Without limiting other measures, we may limit your activity, promptly delete your information, promptly warn other users about your actions, temporarily/indefinitely suspend your account /terminate/block and/or deny you access to the Platform, or place your account on hold:

  • If you infringe the TOU or privacy policy, or any other policy, such as Prohibited Item Policy, Restricted Items Policy, and so on.
  • If we are unable to verify or authenticate the information you supply.
  • If it is believed that your actions could result in a legal risk to you, other users, or us.
  • If you don’t have the required legal documents, for example, the documents required to sell products in the Drugs and Cosmetics category, the BIS license documents and the trademark Authorisation letter, or Trademark registration certificate, as required by Beingyou Authorities.

We may restrict or suspend the sellers. The Seller who has been barred or suspended from registration may not sign up or attempt to sign up with us or utilize the Platform (through it or through any other legal entity or format) in any way until the Seller is accepted back by us. However in the event that you violate the ToU or any other rules and policies We are entitled to recover all amount due and due to us by you and to take legal action, which may include but is not restricted to transfer to the relevant police department or other authorities to begin prosecutions for criminal or other offenses against you.

25. Indemnity

You agree to indemnify and hold harmless Beingyou its licensee, owner and affiliates and groups, subsidiaries (as appropriate) as well as their directors, officers agents, and employees from any demand, claim or other action including reasonable attorney’s costs incurred by a third party or any penalty caused by or arising from your violation of the ToU privacy policy, the ToU, and other policies, or your violation of any laws rules, regulations, or rights (including infringing Intellectual Property Rights) of a third-party.

 

26. Copyright & Trademark Complaint

Beingyou is a respecter of the intellectual property rights of other brands. If you believe that your mark or design has been violated by another brand, that is offering its products on Beingyou platform, you can submit an account through the seller portal or the partner portal assistance with the necessary designs registration certificates.

 

27. Copyright, Trademark and Restriction

The Website is managed and maintained by Beingyou and the products are offered through registered sellers. The content that is available on the Platform such as illustrations, images audio clips, as well as video clips are protected by trademarks, copyrights along with other IP rights. You may not duplicate, reproduce or republish, upload the material, upload, transmit or distribute Beingyou’s or any other Seller’s content in any manner, including via email or any other electronic methods, and whether indirectly or directly in any way, or indirectly anyone else in doing so. Without the written permission from the respective owner any modification and/or use of content on any other website or networked computer environment for any other purpose other than personal use, which is not commercial in nature violates trademarks, copyrights, and other rights to proprietary are prohibited. Any use where you are paid any kind of remuneration either in cash or any other form constitutes a commercial usage in the sense in this section.

 

28. Limitation of Liability

IN NO EVENT SHALL Beingyou BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE ToU, EVEN IF Beingyou HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

29. The law that applies

The ToU will be governed to be interpreted, interpreted and enforced according to Indian law. India. The jurisdictional location shall solely be Bangalore.

30. Jurisdictional Issues/Sale In India Only

Unless stated otherwise The content that is available on this website is made available only for selling in India. Beingyou does not warrant that the information on the Website is suitable or appropriate to other locations or countries outside of India. Users who access the Website from different locations or countries that are not India use it at their own risk and Beingyou is not responsible for providing products or refunds for items purchased from other locations or countries that are not India and in compliance with local laws in the event and in the event local laws apply.

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