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ECOCYS: TERMS OF USE

Welcome to ecocys. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of ecocys marketplace platform - www.ecocys.com (hereinafter referred to as "Platform")

The Platform is owned and operated by Ecocys Internet Private Limited.
Communication Address: FA 65, Alpha City Signature, Karnal, India.

Your use of ecocys and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to ecocys including the applicable policies which are incorporated herein by way of reference. By mere use of ecocys, You shall be contracting with Ecocys Internet Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with ecocys.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "ecocys", "We", "Us", "Our" shall mean Ecocys Internet Private Limited and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by ecocys Policies including but not limited to Privacy Policy as amended from time to time.

1. User Account, Password, and Security:

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block Your access on the Platform.

If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or we may suspend Your account without any liability to ecocys, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

In the event of a device being associated with multiple logins or sign ups, as a measure to enhance customer's security and privacy as well as safeguarding your sensitive information for any potential risks, ecocys sometimes consider moderating users and their association with devices while using the ecocys app or website.

Your mobile phone number is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through an OTP verification. You agree that ecocys shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform. You agree to immediately notify ecocys of any unauthorized use/breach of your password or account.

If You share or allow others to have access to Your account on the Platform ("Account"), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information, You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

If You have not accessed Platform for a period of 2 (two) Years, Your data (including transactional data) will be deleted from Our record and You will not be able to access such data.

2. Services Offered:

ecocys provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from top retailers and curated hubs on the Platform (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user's return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and ecocys assumes no liability in this regard.

ecocys does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

3. Platform for Transaction and Communication:

The Users utilize to meet and interact with one another for their transactions on the Platform. ecocys is not and cannot be a party to or control in any manner any transaction between the Users of ecocys. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone.

ecocys is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. At no time shall ecocys hold any right, title or interest over the products nor shall ecocys have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.

Select products offered by sellers may be eligible for business purchases on the Platform for availing GST input tax credit. If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase. ecocys is not responsible to verify the correctness of the GSTIN provided by You.

4. User Conduct and Rules on the Platform:

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles. You shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person, is harmful, blasphemous, defamatory, obscene, violates third party intellectual property rights, or is otherwise unlawful.

A User may be considered fraudulent or loss to business due to fraudulent activity if they fail to produce adequate documents, use invalid addresses, misuse voucher codes, return the wrong product, or refuse to pay for an order.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, or attempt to gain unauthorized access to any portion or feature of the Platform.

5. Contents Posted on Platform:

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork (collectively, "Content") is third-party user generated content, and ecocys has no control over it. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content.

6. Disclaimer of Warranties and Liability:

All the materials and products and services included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.

7. Selling:

As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies. You must be legally able to sell the item(s) you list and ensure they do not infringe upon intellectual property rights. All listed items must be kept in stock for successful fulfilment of sales.

8. Payment:

While availing any of the payment methods available on the Platform, we will not be responsible or assume any liability for lack of authorization, exceeding preset limits, or payment issues. All payments shall be compulsorily in Indian Rupees.

As required by applicable law, if the Customer makes a purchase equal to or above INR 2,00,000.00, the Customer will be required to upload a scanned copy of his/her PAN card within 4 days, failing which the purchase will be cancelled.

9. E-Platform for Communication:

You agree, understand and acknowledge that ecocys is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time as a facilitator.

10. Indemnity:

You shall indemnify and hold harmless ecocys, its owner, licensee, affiliates, subsidiaries, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party due to Your breach of this Terms of Use or Privacy Policy.

11. Trademark, Copyright and Restriction:

All material on Platform is protected by copyrights, trademarks, and other intellectual property rights and is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way.

12. Limitation of Liability:

In no event shall ecocys be liable for any indirect, punitive, incidental, special, or consequential damages resulting from the use or inability to use the Services or Products. To the maximum extent permissible under law, the liability of ecocys shall be limited to an amount equal to the Products purchased value bought by You.

13. Termination:

ecocys may suspend or terminate your use of the Platform or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated any term of these Terms of Service.

14. Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. ecocys makes no representation that materials in the Platform are appropriate or available for use in other locations/countries.

15. Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at India.

16. Contacting the Seller:

In the event that You wish to contact ecocys about the seller, You may proceed to do so by clicking on the seller name on the product listing pages or reaching out to customer support through the Help Center.

17. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk. Delivery-related claims regarding order delivery or non-receipt shall be notified to ecocys within 5 days from the alleged date of delivery.

18. Customisation:

ecocys acts solely as a facilitator in connecting buyers with sellers. Any issues or disputes arising from the purchase or use of the seller's products or services must be resolved directly with the seller.

19. Cart Notification:

You understand that, in the event selected products in your cart are out of inventory, ecocys provides You an option in your cart to select the product of another seller, and the price may differ.

20. Multiple Sellers:

You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page may not always reflect the lowest price until you visit the product display page.

21. Charges:

Subject to the Terms of Use, ecocys may levy a charge on low-value orders, a Platform Fee to keep the platform running smoothly, and GT Charges on behalf of the transport service provider ("Transporter") for delivering products from the seller to your location.

23. Product Information, Pricing, and Country of Origin:

All mandatory declarations required under the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 — including the name and address of the manufacturer, packer or importer, net quantity, retail sale price inclusive of all taxes, consumer care details, date of manufacture or import, and country of origin — are furnished by the respective seller and displayed on the product page before You place an order.

Prices displayed on the Platform are inclusive of applicable taxes unless stated otherwise, and are set by the seller. Delivery charges, platform fees, and any other charges are disclosed to You before order confirmation. In the event of an evident pricing or listing error, ecocys or the seller may cancel the affected order and refund any amount already paid; no additional liability shall arise from such cancellation.

24. Consumer Rights and Fair Trade Practices:

Nothing in these Terms of Use limits or excludes any right or remedy available to You as a consumer under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, or any other law in force. Your right to approach a Consumer Commission or other competent forum is expressly preserved.

ecocys does not adopt any unfair trade practice, whether in the course of business on the Platform or otherwise. ecocys does not manipulate the price of goods or services to gain unreasonable profit, does not discriminate between consumers of the same class, and does not make arbitrary classifications affecting consumer rights. ecocys does not falsely represent itself as a consumer, post reviews about goods, or misrepresent the quality or features of any goods or services.

Consent for a purchase is recorded only through Your explicit and affirmative action; consent is never recorded through automatically pre-ticked checkboxes.

25. Prohibited Products and Listings:

You shall not use the Platform to buy, sell, or advertise any item whose sale is restricted or prohibited under Indian law, including counterfeit or replica goods, narcotics and psychotropic substances, tobacco and related products where prohibited, arms and ammunition, wildlife products, hazardous materials, obscene material, or goods infringing any third-party intellectual property right.

26. Force Majeure:

ecocys shall not be liable for any failure or delay in performance arising from events beyond its reasonable control, including acts of God, floods, fire, earthquake, epidemic or pandemic, war, riot, civil unrest, strikes, government action or restriction, failure of telecommunication or internet infrastructure, power outage, or cyber-attack. Obligations affected by such an event stand suspended for its duration.

27. Notices and Electronic Communications:

You consent to receive communications from ecocys electronically, including by email, SMS, WhatsApp, push notification, and in-app message, in relation to Your account, orders, transactions, and service updates. Such electronic records satisfy any legal requirement that a communication be in writing. You may opt out of promotional communications at any time; transactional and service communications will continue for so long as You maintain an account.

28. Severability, Waiver, Assignment, and Entire Agreement:

If any provision of these Terms of Use is held invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force. A failure or delay by ecocys in exercising any right shall not constitute a waiver of that right. You may not assign or transfer these Terms of Use without Our prior written consent; ecocys may assign these Terms of Use to an affiliate or successor entity. These Terms of Use, together with the Privacy Policy and the other Policies referenced herein, constitute the entire agreement between You and ecocys with respect to the Platform.