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TERMS OF WEBSITE USE AGREEMENT BETWEEN USER AND M/S DOPETRUNK WORLDWIDE PVT. LIMITED
M/S DopeTrunk WORLDWIDE PVT. LIMITED Accessing to and use of the website accessible through the URL "www.dopetrunk.com" (hereinafter referred to as "Dopetrunk"® or "Dope Trunk" or "DopeTrunk" or the "Site" or the "Website") owned by M/s DOPETRUNK WORLDWIDE PVT. LIMITED (hereinafter referred to as the "Company"), is provided and allowed only to person(s) in the jurisdiction(s) where it is lawful to provide such services, and subject to the terms, conditions and notices hereunder, as modified from time to time. The words "DopeTrunk" and "Company" may be used interchangeably if the context doesnt require the use of particularly any one of these words in this agreement. These Terms govern your access to and use of the Site and Services and constitutes a binding legal agreement between you and the Company. Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
For the purposes of this Agreement, the words/phrases defined herein below shall be construed accordingly, unless repugnant to the context or the meaning thereof.
- 1.1 "Agreement" means this particular Agreement between You and Company, as it exists mutatis mutandis, and includes any and all schedules, appendices, annexures, privacy policies for the access and use of DopeTrunk. DopeTrunk reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" in the 'Version control' section of the agreement. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
- Non-compliance of the general terms and conditions (including any modified terms & conditions) of this Agreement may subject you to civil or criminal liabilities, penalties, non-registration and/or deactivation of the existing your User Account with DopeTrunk website without notice or intimation of any kind.
- 1.2 "Site" or "Website" means worldwide website accessible through the URL www.dopetrunk.com, operated as DopeTrunk and, inter alia, provide a platform to sellers/buyers for showcasing and sale/purchase of various products sold by them and for providing transactional information and facility in relation to any transaction of purchase/sale of products entered into between the sellers/buyers through this Website.
- 1.3 "Seller" means the person, who showcases various products on the Website for sale to buyers through this website or generally through this Website.
- 1.4 "Buyer" or "Customer" means the person, who/which places an order for purchase of a product on the seller through this website or generally through this website.
- 1.5 "User" means any person or entity who is registered on DopeTrunk or is a Buyer, Seller, guest or casual visitor on the Site and includes you.
2. DOPETRUNK IS AN ONLINE MARKET-PLACE
- 2.1 DopeTrunk acts as an online market-place to allow visitors/users who comply with DopeTrunk's policies to offer, sell and buy certain goods within a fixed-price format. DopeTrunk is NOT directly involved in the transactions between Buyers and Sellers. As a result, DopeTrunk has no control over the quality, safety, morality or legality of any aspect of the items listed or the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. DopeTrunk does not claim, or assume any responsibility, to pre-screen its visitors and users or the content or information provided by such visitors and users. DopeTrunk cannot ensure that a Buyer or Seller will complete a transaction.
- 2.2 All transactions on DopeTrunk take place between Seller and Buyer and the transfer of property in the goods bought and sold occurs between such Seller and Buyer. DopeTrunk merely provides a venue for transaction to take place and facilitates the transfer of purchase consideration to the seller as per the terms agreed.
- 2.3 DopeTrunk cannot guarantee the true identity, age, and nationality of a User. The User agrees that DopeTrunk is a venue and as such is not responsible or liable for any content, for example, data, text, information, Usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on DopeTrunk. User will use the DopeTrunk service at his/her own risk.
- 2.4 You agree that the sole purpose of registering on or using the Website is to buy or sell unique art, sculpture and craft products including any products which are created by you, as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law). You shall not use this Website for any other purpose including for selling or buying products other than as allowed by DopeTrunk from time to time, or products that are not allowed under applicable law to be sold or bought in any manner.
3. ELIGIBILITY OF AND REPRESENTATIONS BY YOU:
- 3.1 DopeTrunks services are available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. You represent and warrants that you are at least 18 years of age and that all registration information submitted by you during the registration process or as a guest is accurate and truthful. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use DopeTrunk or the Services. You are responsible for any and all account activity conducted by a minor on your account. DopeTrunk reserves the right at its discretion to refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. These provisions are void where prohibited by law and the right to access the website is revoked in such jurisdictions.
4. USER ACCOUNT, PASSWORD AND SECURITY:
- 4.1 You will be able to access this Website only by registering with us (or as a guest), which you must do by providing DopeTrunk with your current, complete, and accurate information as required by the applicable registration form. You will be entirely responsible for maintaining the confidentiality of the account, password and payment related information. Further-more you will be entirely responsible for any and all activities that occur under your account. You agree to immediately notify any breach of the security and unauthorized use of your account to the DopeTrunk. You also agree that you undertake to completely indemnify DopeTrunk for any loss incurred by the DopeTrunk or any other party due to someone else using your account either with or without your knowledge.
- 4.2 You shall be responsible for protecting the confidentiality of your account and password and for ensuring that all use of your account complies fully with the provisions of this Agreement.
- 4.3 You will be responsible for keeping the account information up to date and accurate at all times including updation of changes from time to time. To sell items on DopeTrunk, you must provide and maintain valid payment information such credit card information or valid PayPal account or bank account details etc. as may be required by DopeTrunk.
- 4.4 You are not allowed to transfer or sell your DopeTrunk account and User ID to any other party. If you are registering as a business entity, then you hereby personally guarantee that you have the authority to bind the entity to this Agreement.
- 4.5 DopeTrunk reserves its right to cancel unconfirmed or inactive accounts and also reserves the right to refuse services to anyone for any reason, at any time, without showing any reason and to block the accounts.
5. FEES AND BILLING
- 5.1 You are free to sign up for DopeTrunk account. DopeTrunk does not charge fees for creating a shop and listing products for sale at this point of time. The same may change in future. From sellers, DopeTrunk may charge fee which might be a monthly or yearly subscription/ membership fee, and/or as a percentage of the sale price when the item sells through DopeTrunk, and/or a transaction fee, or a combination of these or similar other elements. Such fee will be separately communicated/ displayed on the website upon seller registration or product upload, as may be deemed expedient. When you list an item on the DopeTrunk website, you must be clear about the fees that will be charged, and you must satisfy yourself completely about the clarity in this regard.
- 5.2 DopeTrunks Fees Policy, which is subject to change, is incorporated into this Agreement by reference. DopeTrunk reserves the right to promote and market Original Works of Sculpture, Art and/or Digital Works through the use of Site-wide sale offer and/or discounts. In such events, the sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works relating to the Digital Works. After the sale discount amount is deducted from the sales price, DopeTrunks usual commission percentage will be applied. DopeTrunk may also reach out to Sellers for special promotions or display at the consent of the such Sellers at a certain fee from time to time. However, this would apply only for the Sellers who agree for it. DopeTrunk may, at its sole discretion, change some or all of DopeTrunks services at any time. In the event DopeTrunk introduces a new service, the fees for that service will be effective at the launch of such service. Unless otherwise specifically indicated, all fees are quoted in INR (Indian Rupee), if not in percentage term.
- Subject to the foregoing, changes to the Fees Policy and the fees for DopeTrunks services are effective after DopeTrunk provides impacted User with at least fourteen (14) days notice by informing the changes through the registered email id of the seller or by posting the change in the Sellers section of the Site.
- 5.3 In certain circumstances, including but not limited to a void or invalid transaction, DopeTrunk may issue a credit for the applicable fees to a Sellers billing statement.
- 5.4 All fees/charges shall be determined in Indian Rupees and shall be payable to DopeTrunk Worldwide Pvt. Ltd. within such time as specified in the invoice, including applicable taxes as may be levied.
- 5.5 You are responsible for paying all fees and applicable taxes associated with the usage of facilities of DopeTrunk.
- 5.6 Fees and Termination: If DopeTrunk terminates a listing or the Users account, and/or if a User closes his/her account, or if the payment of DopeTrunk fees cannot be completed for any reason, the User shall be liable to pay DopeTrunk all unpaid fees plus any penalties, wherever applicable. If the Sellers account is not paid in full and becomes past due, the Seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
6. RULES OF ITEM LISTING AND SELLING
- 6.1 Seller and Sellers Listing: User understands and agrees that DopeTrunk has absolute right to approve or reject any user as a Buyer or a Seller on its Website without assigning any reason. DopeTrunk also reserves the right to approve or reject any product or service offered/ uploaded by Seller for listing on the Website, without assigning any reason. By listing an item on the Website, the User warrants that all aspects of the item comply with DopeTrunks published policies and applicable laws. The Users listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately describe the item/items for sale in that listing. If the in stock quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. DopeTrunk may decide to display products depending upon the relevance of content, hi-resolution images etc. The product will be listed on the website once DopeTrunk administrator approves the listing of products as per guidelines and policies of the Company.
- 6.2 You will not place any advertisements on the Website in any manner without DopeTrunks permission in writing. Further, you will not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by DopeTrunk in writing.
- 6.4 Binding Sale: All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Sellers listing (such as payment method), or (b) the Seller cannot authenticate the Buyers identity. The Buyer is obligated to deliver appropriate payment for items purchased.
- 6.6 Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. The Seller will not alter the price of an item after a sale for the purpose of avoiding DopeTrunk transaction fees, misrepresent the items location, or use another Sellers account without permission.
- 7.1 Payment for any purchase on DopeTrunk shall be done by using Payment Gateway provided on the Site. For bulk purchases by corporate or institutional clinets, DopeTrunk may accept the payment by the way of cheque or Demand Draft, as it may deem fit.
- 7.2 For the purposes of buying and/or selling any item listed on the Website, the buyer agrees and undertakes not to make payments in any manner other than as provided, without the prior consent of DopeTrunk.
- 7.3 As Seller, you acknowledge and accept that you have specifically authorized DopeTrunk to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment with order or Cash payment on Delivery to and from other Users in respect of Transactions.
- 7.5 DopeTrunk shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Corresponding Bank of counter--party in a timely manner. However, a number of factors that are outside of the Companys control (including without limitation actions of Issuing Bank, Corresponding Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
- 7.6 No refund can be claimed by a User from DopeTrunk. Any claim for refund of any payment made toon DopeTrunk, for any reason whatsoever, shall be to the account of the Seller, and DopeTrunk shall not be responsible for the same, including but not limited to service charges or any other fees/ charges. However, DopeTrunk retains the right to enforce a refund by Seller to a Buyer if it finds the claim of Buyer to be reasonable.
- 7.7 You agree and accept that DopeTrunk is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing to its Buyers, the payment gateway facility or any other method of payment.
- 7.8 Online Payment: To facilitate payments for Product(s) purchased by Buyer through its website, DopeTrunk, at the request of Buyer, offers an online payment gateway facility that will enable the Buyer to make payment in respect thereof to the Sellers using a credit/debit card account, subject to Buyers complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the payment gateway service provider/s. Please refer to clause 7.10 below for detailed terms related to Online Payment.
- 7.9 Credit/Debit card details: The Buyer agrees, understands, undertakes and confirm that the credit/debit card details provided by the Buyer for making payments for product/s purchased through the DopeTrunk website, either through online payment gateway mechanism or otherwise will be correct, current, complete and accurate and the Buyer shall not use the credit/debit card or any other bank account which is not lawfully owned by the Buyer. DopeTrunk and Seller undertake and assure that the aforesaid information provided by the Buyer will not be shared by DopeTrunk/ Seller with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by the Buyer. DopeTrunk will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Seller/Buyers ID/password/credit/debit card number/account details in any way.
- 7.10 Online Payment System and related terms: Online Payment system is provided by DopeTrunk on behalf of Users/Sellers. DopeTrunk may update and revise these terms and conditions from time to time and any changes will be effective immediately on being set out here. Please ensure You are aware of the current terms. Please read these terms carefully before using the online payment facility. Using the online payment facility on this Website indicates that you accept these terms. If you do not accept these terms, do not use this facility.
All payments are subject to the following conditions:
- a. Your payment instructions will be affected only after proper authentication in accordance with the procedures prescribed by the online payment facility.
- b. Neither DopeTrunk nor the Seller will accept any liability if payment is refused or declined by the Credit/Debit Card supplier/Service Provider for any reason.
- c. If the Card supplier/service provider declines payment for any reason whatsoever, DopeTrunk or the Seller is under no obligation to bring this fact to your attention or deliver the product/s. You should check with your bank/credit/debit card supplier that requisite payment has been deducted from your account for credit to the account of the Seller.
- d. DopeTrunk and/or Seller shall not be liable to the User for any injury or damage caused by way of failure of performance, delay in processing or transmission, error, interruption, communication line failure etc. whilst using the on-line payment facility, whether in contract, negligence or under any other legal theory/cause of action whatsoever.
- e. In no event will DopeTrunk or Seller be liable for any damage whatsoever arising out of the use, inability to use, or the results of use of this online payment facility, any website linked to this DopeTrunk website for use of the online payment facility, failure of internet facility, server or on account of computer virus or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of any such damages.
- f. Refunds, if applicable will only be made on the debit/credit card or bank account used for payment for the original transaction.
- g. Your use of this service is at your sole risk, and the online payment facility provider is entitled, in its sole discretion, to refuse to comply with any of your instructions without assigning any reasons. Further the online payment facility reserves the right to charge and recover certain fees for the use of its services.
- h. Although adequate security measures are adopted, DopeTrunk and or Seller shall not be responsible for any unauthorized access to the service or your account.
8. BAREED ACTIVITIES AND RESPONSIBILITY THERE OF
- 8.1 You are solely responsible for your conduct and activities on and regarding to DopeTrunk and any and all data, text, information, Usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, Content) that you submit, upload or post on DopeTrunk.
- 8.2 You agree and undertake not to host, display, modify, publish, upload, transmit, update or share any information or list any information or item that: (a) belongs to another person and to which you do not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of anothers privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (c) harm minors in any way; (d) infringes any trademark, copyright, patent, or other proprietary rights or third-partys trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person or use an anonymous proxy; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, Easter-eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (j) shall not be false, inaccurate or misleading; (k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; (l) may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and (m) link directly or indirectly to or include descriptions of items that are (i) prohibited under this Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on DopeTrunk.
9. CONTENT AND LICENSE
- 9.1 License: DopeTrunk does not claim ownership rights in Users Content. The User grants DopeTrunk a license to enable DopeTrunk to use any information or Content that User supplies to DopeTrunk, so that DopeTrunk is not in violation of any rights the User might have in that Content. The User agrees to allow DopeTrunk to store or re-format Users Content on DopeTrunk and display the same on DopeTrunk in any way as DopeTrunk chooses. You acknowledge and agree that you are solely responsible for all original, or purportedly original Works of Art, Sculpture and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that as to the Work of Art, Sculpture or Digital Works that you make available through the Site and Services, you are either the creator, or sole and exclusive owner of all such Works and you have all rights, licenses, consents and releases that are necessary to grant to DopeTrunk the rights in such Works as contemplated under these Terms; and neither the Original works of Art/ Sculpture nor digital works that you make available through the Site and Services, nor DopeTrunk's use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You hereby grant DopeTrunk a worldwide, transferable, nonexclusive, perpetual right and license, with a right to sublicense, to use, reproduce, distribute, publicly perform and publicly display the content submitted by you; and to access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the content in any form, medium or technology now known or later developed for the purpose of promoting DopeTrunk, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of any revenue that you earn upon the sale of your work of art via DopeTrunk.
- 9.2 User will be responsible for keeping backup versions of the information and data provided by the User. The User hereby agrees that he/she will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
- 9.3 As part of a transaction, User/Seller may obtain personal information, including email address and shipping information, from other DopeTrunk User in independent capacity or through DopeTrunk. Without obtaining prior permission from DopeTrunk AND such other User, this personal information shall only be used for that transaction or for DopeTrunk-related communications. DopeTrunk specifically prohibits the User a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any DopeTrunk User to any email or physical mailing list.
- 9.4 DopeTrunk will promote the product, features and services from time to time to Users. The discretion of communication by DopeTrunk to particular User will be solely on their own discretion.
- 9.5 Re-Posting Content: By posting Content on DopeTrunk, it is possible for an outside website or a third-party to re-post that Content. The User agrees to hold DopeTrunk harmless for any dispute concerning this use. If the User chooses to display his/her own DopeTrunk-hosted image on another website, the image must provide a link back to its listing page on DopeTrunk.
- 9.6 Feedback and Idea Submissions: DopeTrunk considers any unsolicited suggestions, ideas, proposals or other material submitted to it by Users via the Site or otherwise (other than the Content and the tangible items sold on the Site by Users) (collectively, the Material) to be non-confidential and non-proprietary, and DopeTrunk shall not be liable for the disclosure or use of such Material. If, at DopeTrunks request, any member sends Material to improve the site (for example through the Forums or to customer support), DopeTrunk will also consider that Material to be non-confidential and non-proprietary and DopeTrunk will not be liable for use or disclosure of the Material. Any communication by you to DopeTrunk is subject to this Agreement. You hereby grant and agree to grant DopeTrunk, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
- 9.7 Other Resources: DopeTrunk neither endorses nor will be responsible directly or indirectly for the availability of outside websites or resources linked to or referenced on the Site and for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
- 9.8 You agree to defend, indemnify and hold harmless DopeTrunk, its shareholders, affiliates, sellers, partners, and their respective directors, officers, employees and agents from and against all claims, demands, losses, damages, liabilities, expenses, actions, including but not limited to, reasonable attorney fees, made by any third-party, arising out of the use of DopeTrunk website by you or through your Account on DopeTrunk, or any breach by you of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third part
10. RESOLUTION OF DISPUTES AND RELEASE
- 10.1 Any dispute arising from or relating to the subject matter of this Agreement, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and obligations of any party or parties hereto under this Agreement, shall be referred to a sole arbitrator, who shall be a neutral third-party nominated by the Chief Executive Officer of DopeTrunk. The arbitration shall be governed by the provisions of Indian Arbitration and Conciliation Act, 1996 for the time being in force. The Seat of the arbitration shall be Delhi in India. The language of the arbitration shall be in English. Each party shall bear the costs of the arbitration equally unless otherwise awarded by the Sole Arbitrator. The Arbitration Award shall be final and binding on all the parties to the Arbitration.
- 10.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
- 10.3 If any disputes arise between one or more Users relating to the subject matter of this Agreement or any other claims, DopeTrunk encourages Users report the disputes to the local law enforcement agencies, or approach certified mediation or arbitration entity, as may be applicable.
- 10.4 You agree that the DopeTrunk has no obligation to resolve disputes between Users inter se or with outside parties. However, DopeTrunk may in good faith attempts to resolve a dispute in its own discretion, but will not make any judgments regarding legal issues or claims.
11. INTELLECTUAL PROPERTY RIGHTS:
- 11.1 All trademarks/service marks appearing on the DopeTrunk website are the property of their respective owners or licensors. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark/service mark displayed on this Website, whether of DopeTrunks or its licensors or its affiliates or any third-party.
- 11.2 Copyrights:
(a) The works of authorship contained in this Website including, but not limited to, all design, text including software (like software for the running of this website, and program codes which may execute on server or which may be embedded or downloadable from individual pages on this website), illustrations, images, pictures, graphics, video, sound and music collectively called the Materials, are owned, except where expressly stated otherwise by DopeTrunk or one of its affiliates or partners. Further DopeTrunk owns a copyright in the selection, co-ordination, arrangement and enhancement of the Materials (which shall be included in the Materials for the purpose of clauses dealing with IPRs and Disclaimers). This website including all components and Materials are protected by Indian and International Copyright Laws and International Treaties as a collective wok and/or as a compilation and/or as individual works.
(b) You will not copy, reproduce, transmit, display, perform, distribute, rent, sub-lease, alter, store this Website Materials for subsequent use or otherwise use in whole or in part, in any manner, without prior express written permission of DopeTrunk, except to the extent it constitutes fair use under the Indian Copyright Act, 1957. You acknowledge that the you do not acquire any ownership rights by downloading any copyright protected Materials. Any rights not expressly granted in these terms are reserved.
12. BREACH OF AGREEMENT AND TERMINATION
- 12.1 Either DopeTrunk or you may terminate this Agreement at any time. Without limiting the foregoing, DopeTrunk shall have the right to immediately terminate, temporarily or indefinitely suspend your account privileges, issue a warning to you, prohibit access to the Site, and take technical and legal steps to keep you off the Site and refuse to provide services to you, if DopeTrunk at its sole discretion, considers that you have breached this Agreement in letter and spirit and/or DopeTrunk is unable to verify or authenticate any of the personal information or Content provided by you and/or DopeTrunk believes that you are acting or engaged in improper or fraudulent activity in connection with DopeTrunk or that your such action may cause legal liability or financial loss to DopeTrunk or its other Users.
13. DISCLAIMER, WARRANTIES, INDEMNITY AND LIABILITIES
- 13.1 Whilst DopeTrunk will endeavour to ensure that the information on DopeTrunk website is correct, due to the inherent hazards of electronic distribution of content/material, dependency on Sellers and other factors, there may be inaccuracies in such content/material in the DopeTrunk website as well. DopeTrunk, Users, Sellers, Service providers or technology partners provide this Website and facilities including Order Placing Facility and Payment Making Facility as is and without any warranty or condition, express or implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement in relation to any product. For the said reason, DopeTrunk does not guarantee continuous, uninterrupted access to the Site, as the operation of the Site may be interfered by numerous factors outside DopeTrunks control.
- 13.2 DopeTrunk shall have absolutely no liabilities whatsoever nature arising out of or in connection with the usage of Materials and services/facilities on this website by Users or any other person, but not limited to, any liability for any damage or loss to bodily injury, computer hardware, data, information and/or business resulting from the Materials or the lack of Materials available on this Website or from any computer viruses, communication line failure.
- 13.3 No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. DOPETRUNK MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY OF BUYERS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
d. ANY GUARANTEE OR WARRANTY AS TO THE VERACITY OF ANY USER GENERATED CONTENT, INCLUDING ANY USER INFORMATION ABOUT BUYERS OR SELLERS, AND ANY INFORMATION ENTERED BY BUYERS OR SELLERS.
e. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
f. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF DOPETRUNK. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DOPETRUNK DISCLAIMS ANY AND ALL SUCH WARRANTIES.
- 13.4 General Release. BECAUSE DOPETRUNK IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES THE DOPETRUNK (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- 13.5 Indemnity and Defense. You will defend, indemnify and hold harmless DopeTrunk and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own shop within the Website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
- 13.6 DopeTrunks liability to Users or any third parties in any circumstances (if applicable) is limited to Rs. 5,000.
- 14.1 Legal Compliance/Taxes: You will comply with all applicable domestic and international laws, statutes, ordinances and regulations as may be applicable regarding the use of the website and any DopeTrunk services with respect to your listing, purchase, solicitations of offers to purchase, and sale of items. In addition, you will be responsible for payment of taxes applicable from time to time on any purchases/ sales made on the website, excluding taxes on DopeTrunks net income.
- 14.2 Entire Agreement: This Agreement together with the various Rules made for the governing of certain services on this Website and annexures/schedules thereto, constitutes the entire understanding of the parties with respect to the subject matter of this Agreement.
- 14.3 Severability: If any of the provisions of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable under any existing or applicable laws, such provisions would be deemed severed from the rest of this Agreement and the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, shall not be affected thereby, and each term and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
- 14.4 No Agency: The User and DopeTrunk are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- 14.5 Good Faith: You will act in good faith in the performance of your obligations under this Agreement.
- 14.6 Notices: Except as explicitly stated otherwise, in case of a notice to be served on DopeTrunk the notice shall be given by certified/registered prepaid post at:
Attn: Legal Department,
DopeTrunk Worldwide Pvt. Limited
2389, Housing Board Colony
Sector 28, Faridabad 121008 India
and a copy of the same must be emailed at email@example.com. A notice to be served to User/ you, shall be sent to the email address provided by you to DopeTrunk. All notice shall be deemed served 2 days after being sent. Alternately, DopeTrunk may give the User Notice by certified/ registered prepaid post to the address provided to DopeTrunk, in such a case notice shall be deemed given 3 days after the date of mailing.
- 14.7 General: You will be responsible for obtaining and maintaining all telephone, computer hardware and other equipments, software needed for access to and use of this Website, and all charges relating thereto. When you visit the Website or send emails to DopeTrunk or give DopeTrunk your feedback, you understand that the you are communicating with DopeTrunk electronically/through electronic records and consent to receive communications from DopeTrunk through the said media. You agree that all agreements, notices, disclosures and other communications that the DopeTrunk provides the User electronically satisfy all legal requirements of adequate service of notice/electronic record. This document is an electronic record in terms of Information and Technology Act, 2000 and Rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes from time to time. This Agreement is generated by a computer system and does not require any physical or digital signatures.