Users Terms and Conditions

Read carefully the text of the following 5 documents related to terms and conditions arranged consecutively one after the other:

  1. Website Terms of Use
  2. Terms of Sale
  3. Privacy Policy
  4. Buyer's shipping & return Policy
  5. Dispute Resolution Policy
 
WEBSITE TERMS OF USE

Update 1st Jan 2016

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND NEXTBRANDZ (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND NEXTBRANDZ FOR THE USE OF THE WEBSITE (DEFINED BELOW)

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.NextBrandz.com website.

The domain name www.nextbrandz.com or www.nextbrandz.in or www.nextbrands.in hereinafter referred to as 'Website' is owned by Drawin Techsolutions LLP (hereinafter referred to as 'Drawin'), a company incorporated under the Limited Liability Partnership Act, 2008, having LIN - AAE-8229, with its registered office at A-182, Vaishali Nagar, Jaipur-302021, Rajasthan, India. NextBrandz is an intermediary in the form of an online multi-vendor marketplace and is limited to managing the Website to enable sellers to launch, exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User

For the purpose of the Terms of Use (hereinafter referred to as “TOU”), wherever the context so requires, the word ‘user’, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller (also referred as Entrepreneur wherever required by NextBrandz) on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean NextBrandz.

BY ACCESSING, BROWSING, SELLING, PURCHASING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU Including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These TOU apply to all users of the site, including without limitation users who are browsers, vendors, ENTREPRENUERS, customers, merchants, and/ or contributors of content. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING

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

When you use any of the services provided by us through the Website including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the TOU and considered a part and parcel of the TOU. Any new features or tools which are added to the current store shall also be subject to the TOU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the TOU at any time and without any prior written notice to you. It is your responsibility to review the TOU periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the TOU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

Drawin Techsolutions LLP offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these TOU are considered an offer, acceptance is expressly limited to these TOU.

1. ONLINE SERVICES

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell newly launched Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to undertake commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

2. ELIGIBLITY TO USE

By agreeing to these TOU, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

a. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to      copyright laws).

b. You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 3. GENERAL CONDITIONS

These TOU subject to revision by NextBrandz at any time and hence the Users are requested to carefully read these TOU from time to time before using the Website. The revised TOU shall be made available on the Website. You are requested to regularly visit the Website to view the most current TOU. In the event such a facility is provided on the Website, You can determine when NextBrandz last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be your responsibility to check these TOU periodically for changes. NextBrandz may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website and/or Services, following such changes, will constitute your acceptance of those changes.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

If there is any conflict-

a. between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;

b. between the Additional Service Terms and any other part of these TOU, the Additional Service Terms shall take precedence in relation to that Service;

c. between the Seller Agreement and any other part of these TOU, the Seller Agreement shall take precedence but only to the extent of the conflict;

d. between these TOU and any other notices, disclaimers or guidelines appearing on the Website, these TOU shall take precedence but only to the extent of the conflict.

 4. PERSONAL INFORMATION

You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

Registered users: NextBrandz makes certain sections of the Services available to you through the Website only if you have provided NextBrandz certain required User information and created an account and a NextBrandz ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (NextBrandz ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").

In the event, you register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify NextBrandz of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. NextBrandz cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by NextBrandz or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NextBrandz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NextBrandz has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

Guest users: The Website also allows limited access to the Services for unregistered Users (also called as guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

Depending upon whether you are a seller/ Entrepreneur or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and NextBrandz may collect certain personal information. Your provision of, and NextBrandz‘s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by NextBrandz’s privacy policy.

5. PLATFORM FOR TRANSACTION AND COMMUNICATION

The Website is a platform that users utilize to meet and interact with one another for their transactions. NextBrandz is not and cannot be a party to or control in any manner any transaction between users on the Website.

Consequently:

    1. All commercial/contractual terms are agreed upon between buyer and seller alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. NextBrandz does not determine advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between buyer and seller.
    2. NextBrandz does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold or purchased on the Website. NextBrandz does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. NextBrandz accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    3. NextBrandz is not responsible for any non-performance or breach of any contract between buyer and sellers. NextBrandz cannot and does not guarantee that buyer and seller concerned will perform transaction(s) concluded on the Website. NextBrandz shall not and is not required to mediate or resolve disputes or disagreements between buyer and seller.
    4. NextBrandz does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer/ seller you choose to deal with on the Website and use your best judgment in that regard.
    5. NextBrandz does not at any point in time during a transaction between buyer and a seller on the Website come into or take possession of any of the products or services offered by seller, gain title to or have any rights or claims over the products or services offered by seller to the buyer.
    6. At no time shall NextBrandz hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. NextBrandz is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
    7. The Website is only a platform that can be utilized by seller to reach a larger customer base to sell items or services. NextBrandz only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between seller and the buyer.
    8. Vendors registering as sellers on NextBrandz.com shall be bound by additional policy listed as “Terms of Sale”.
    9. You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that NextBrandz is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. NextBrandz is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). NextBrandz neither recommends You to buy or sell any Products on the Website nor does NextBrandz  endorses any such Products and nor does NextBrandz provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, NextBrandz does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
    10. There may be certain orders that NextBrandz is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in NextBrandz’s inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
    11. In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
    12. In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts NextBrandz for the same, NextBrandz may inform the seller to provide or facilitate the provision of such services to the buyer. NextBrandz is not and shall not be obliged to provide any such additional services. NextBrandz’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
    13. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
    14. You release and indemnify NextBrandz and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, NextBrandz cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.

 

6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

7. USE OF CONTENT

Except as expressly indicated to the contrary in any applicable Additional Service Terms, NextBrandz hereby grants you a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

    1. You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these TOU;
    2. You may not modify or alter product catalogues available on the Website;
    3. You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
    4. You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

Any software that is available on the Website is the property of NextBrandz or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of NextBrandz.

8. PAYMENTS RELATED INFORMATION

Presently, NextBrandz does not levy any fee for browsing the Website or buying the Products on the Website. NextBrandz may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that you use. NextBrandz will try to ensure that you are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by you for any such use of the Website / Service. You agree that NextBrandz may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be your acceptance of such changes, and the applicability of these TOU to such changes.

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. NextBrandz expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.

NextBrandz may have existing arrangements with its banks, regarding limits on the amounts you can pay (if you are a buyer) or receive (if you are a seller) in the course of a single transaction. NextBrandz will work towards ensuring that you are made aware of such limits if they may be applicable to you. However, NextBrandz shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by NextBrandz with its bank from time to time.

For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Website and NextBrandz does not control the same and shall not be liable for the same.

Payment Facility for Your orders: NextBrandz may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of NextBrandz’s fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. NextBrandz shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between NextBrandz and sellers.

9. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

10. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any controls nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOU.

11. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOU.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We/ seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

14. PROHIBITED USES

In addition to other prohibitions as set forth in the TOU, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Drawin Techsolutions LLP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16.  INDEMNIFICATION

You agree to indemnify, defend and hold harmless Drawin Techsolutions LLP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these TOU or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

NextBrandz may notify You of any claims which You shall be liable to indemnify NextBrandz against. You will then be required to consult with NextBrandz regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of NextBrandz without the express prior written consent of NextBrandz which can be withheld or denied or conditioned by NextBrandz in its sole discretion.

Notwithstanding anything to contrary in the Agreement(s), NextBrandz’s entire and aggregate liability to You under and in relation to these TOU or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to NextBrandz under the relevant order to which the cause of action for the liability relates.

Notwithstanding anything to contrary in the Agreement(s), in no event shall NextBrandz, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not NextBrandz has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

17. SEVERABILITY

In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These TOU are effective unless and until terminated by either you or us. You may terminate these TOU at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOU, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

19. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.

These TOU and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).

Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.

20. GOVERNING LAW

These TOU and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these TOU, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and NextBrandz shall be subject to the exclusive jurisdiction of the courts at Jaipur, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

21. CHANGES TO Terms of Use

You can review the most current version of the TOU at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these TOU by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.

22. CONTACT INFORMATION

Questions about the TOU should be sent to us at support@NextBrandz.com.

 

 

 

 
TERMS OF SALE

Updated 1 Jan 2016

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN SELLER AND NEXTBRANDZ (BOTH TERMS DEFINED BELOW). THESE TERMS OF SALE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN SELLER AND NEXTBRANDZ FOR THE USE OF THE WEBSITE (DEFINED BELOW)

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of SALE for access to or usage of www.NextBrandz.com website.

The domain name www.nextbrandz.com or www.nextbrandz.in or www.nextbrands.in hereinafter referred to as 'Website' is owned by Drawin Techsolutions LLP (hereinafter referred to as 'Drawin'), a company incorporated under the Limited Liability Partnership Act, 2008, having LIN - AAE-8229, with its registered office at A-182, Vaishali Nagar, Jaipur-302021, Rajasthan, India. NextBrandz is an intermediary in the form of an online multi-vendor marketplace and is limited to managing the Website to enable sellers to launch, exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User

For the purpose of the Terms of Sale (hereinafter referred to as “TOS”), wherever the context so requires, the word ‘user’, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller (also referred as Entrepreneur wherever required by NextBrandz) on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean NextBrandz.

BY ACCESSING, BROWSING, SELLING, PURCHASING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOS INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK AND/ OR AVAILABLE ON WEBSITE INCLUDING ON SELLER COMMUNITY PORTAL. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, ENTREPRENEURS, CUSTOMERS, MERCHANTS AND/ OR CONTRIBUTORS OF CONTENT. PLEASE READ THE TOS CAREFULLY BEFORE PROCEEDING

If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with NextBrandz and these terms and conditions including the policies listed on policy page constitute your binding obligations to NextBrandz.

When you use any of the services provided by us through the Website including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the TOS and considered a part and parcel of the TOS. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the TOS at any time and without any prior written notice to you. It is your responsibility to review the TOS periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the TOS, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

Drawin Techsolutions LLP offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1. SELLER ELIGIBILITY

The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Website, transact or use the Website. NextBrandz reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to NextBrandz’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the TOS and you have the authority to bind the business entity to the TOS.

2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If you use the Website, you shall be responsible for maintaining confidentiality of your display name, login and password details and all activities that occur with the use of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the TOS, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.

3. COMMUNICATIONS

When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

4. PLATFORM FOR TRANSACTION AND COMMUNICATION

The Website is a platform that users utilize to meet and interact with one another for their transactions. NextBrandz is not and cannot be a party to or control in any manner any transaction between users on the Website.

Consequently:

    1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. NextBrandz does not determine advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
    2. NextBrandz does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold or purchased on the Website. NextBrandz does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. NextBrandz accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    3. NextBrandz is not responsible for any non-performance or breach of any contract between you and buyers. NextBrandz cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. NextBrandz shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
    4. NextBrandz does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.
    5. NextBrandz does not at any point in time during a transaction between you and a buyer on the Website come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
    6. At no time shall NextBrandz hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. NextBrandz is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
    7. The Website is only a platform that can be utilized by you to launch your products/ brands and reach a larger customer base to sell items or services. NextBrandz only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
    8. You release and indemnify NextBrandz and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, NextBrandz cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.

 

5. USE OF THE WEBSITE

You agree and understand that NextBrandz and the Website merely provide hosting services to its registered users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. NextBrandz neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. NextBrandz has no control over the third party user generated contents. NextBrandz is merely an intermediary and does not interfere in the transaction between buyers and sellers.

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    1. belongs to another person and over which you have no right;
    2. is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    3. is false, inaccurate  or misleading in any way;
    4. is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
    5. harasses or advocates harassment of another person;
    6. involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
    7. promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
    8. infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
    9. 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;
    10. contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
    11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
    13. contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
    14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
    15. engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent. Throughout the TOS, NextBrandz’s prior written consent means a communication coming from NextBrandz’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
    16. solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
    17. interferes with another’s use and enjoyment of the Website;
    18. refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of TOS;
    19. harms minors in any way;
    20. infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
    21. violates any law for the time being in force;
    22. deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
    23. impersonates another person;
    24. contains software viruses or any other computer codes, 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;
    25. 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 offence or prevents investigation of any offence or is insulting any other nation;
    26. shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;
    27. shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
    28. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content or in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.
    29. You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
    30. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Website.
    31. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms NextBrandz, Drawin, NextBrandz.com, NextBrandz.in, NextBrands.in or otherwise engage in any conduct or action that might tarnish the image or reputation of NextBrandz or sellers on the platform or otherwise tarnish or dilute any NextBrandz trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or NextBrandz’s systems, networks, or any systems or networks connected to NextBrandz.
    32. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
    33. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
    34. You may not use the Website or any content for any purpose that is unlawful or prohibited by the TOS or to solicit the performance of any illegal activity or other activity which infringes the rights of NextBrandz and/or others.
    35. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) and obtain the necessary licenses and permits regarding your use of our Website, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
    36. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information or in any media now known or not currently known with respect to your information. We will only use your information in accordance with the TOS and privacy policy applicable to the use of the Website.
    37. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Website in any manner.
    38. You shall not engage in advertising or solicitation of other sellers on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of the TOS to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a seller may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Website. NextBrandz shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the TOS. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not reflect NextBrandz’s views. In no event shall NextBrandz assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
    39. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.
    40. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
    41. NextBrandz shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

 

6 SELLING

As a registered seller, you shall list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this TOS. You must be legally able to sell the item(s) you list for sale on our Website and must have all the necessary licenses and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. NextBrandz reserves the right to delete such multiple listings of the same product listed by you in various categories.

7. LOGISTICS

NextBrandz has tie ups with logistic service providers to enable orders shipping/ delivery and fulfillment. For purpose of this policy, ‘Logistic Partner’ shall mean a logistic service provider approved by NextBrandz. You are requested to read the following points carefully before booking the consignment 

    1. Logistic Partner accepts documents for shipping from one destination to other. You may carefully note that your consignment must not contain any letter of communication which will infringe the Indian Postal Act 1983. We accept parcels in good faith that they do not contain anything, which will violate the law.
    2. 'Shipment / Consignments' means all parcels (excluding documents) that travel under one waybill and which may be carried by any means we choose, including air, road or any other carrier. A 'waybill' shall include any label produced by us under automated systems, air waybill, or consignment note and shall incorporate the TOS. Every Shipment is transported on a limited liability basis as provided herein. If a shipper requires greater protection, seller has to insure their respective consignments.
    3. Shipments are delivered only to the receiver`s address given by the seller but not necessarily to the named receiver personally.
    4. Consignments, which are of hazardous nature (Chemicals, flammable articles and liquids) expressly prohibited by the railway/airport authority or any other transport agency, shall not be accepted.
    5. You shall not enclose cash in the courier consignment and not book jewels, textiles, high value gift articles, share certificates and travel documents. Our liability in cases of any loss or damage to the consignment shall not exceed Rs. 5000 /-
    6. You shall declare the value of the consignment on the consignment note & shipping label at the time of booking.
    7. You shall ensure that the consignment is properly packed with thick paper material to avoid damage. You shall use either plain packaging material (without any branding) or packaging material with“NextBrandz.com” name and/or logo for delivery of Products sold on the Website. Under no circumstances shall the packaging material contain name, trademarks, logos, images, symbol, text, graphics, photographs and/or other material or information belonging to any third party including any marketplace other than NextBrandz.
    8. If more than one consignment is booked to the same consignee on different airway bill numbers, you shall ensure that the full address is written on all the consignments.
    9. Consignments addressed to Ministry Offices and Central Government Offices in New Delhi are put in the box at the gate, due to security reasons as per the direction of the Central Government without taking any POD proof/acknowledgement from the receiver.
    10. You have to hand over all their consignments before the specified CUT-OFF-TIME for on time delivery.
    11. Logistic Partner shall not be liable for any loss including but not limited to taxes and duties levied on the consignment arising due to confiscation of shipments by any Government Agencies due to lack of proper documents.
    12. Logistic Partner shall not be liable for any loss arising due to the causes beyond its control such as floods, accidents, fire, theft, war etc.
    13. Every effort is made to adhere to the delivery schedule, but it may be delayed in the circumstances beyond Logistic Partner’s control.
    14. Octroi or any other charges levied by any Central/State/Local Authorities wherever applicable shall be extra and the seller shall pay it in Indian National Rupees.
    15. Logistic Partner is not liable for any loss, miss-delivery, delay or damage to any article/things/documents sent and no officer of Logistic Partner is liable for any such loss or delay or damage.
    16. Logistic Partner has the right but not the obligation, to inspect any shipment without prior intimation to the seller for checking the contents.
    17. All matters of business should be settled within the jurisdiction of the booking station.
    18. Parcels shall be accompanied by the respective state forms as prescribed by the Govt. of India to meet the requirements of tax authorities.
    19. Consignments addressed to a Post Box Number cannot be delivered.
    20. Seller shall indemnify and hold us, harmless for any loss or damage arising out of seller’s or Shipper’s failure to comply with any applicable laws or regulations and for breach of the following warranties and representations:
      1. all information provided by seller to NextBrandz is complete and accurate;
      2. the shipment was prepared in secure premises by seller’s employees;
      3. the seller employed reliable staff to prepare the shipment;
      4. the seller protected the shipment against unauthorized interference during preparation, storage and transportation to us;
      5. the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
      6. all applicable laws and regulations have been complied with;
    21. The invalidity or unenforceability of any provision herein shall not affect any other part of this TOS.
    22. Dead/dry weights or volumetric weight, whichever is higher, will be charged & considered while calculating the weights & rates and will be billed to next higher half or one kg. The final weights will be marked by Logistic Partner itself. Any discrepancies in weight shall be rectified before final delivery to the customer. No post-delivery weight disputes will be taken up by us.
    23. All non-documents consignments must accompany all statutory declarations and invoices for speedy regulatory clearances.
    24. Seller has to provide at least 2 copies of invoice/declaration to facilitate delivery.
    25. Regular pick up will be carried out on the business days. Transit time will not include non –business days.
    26. Notwithstanding anything contained anywhere or earlier agreed between the parties, any consignment which is returned back to origin (RTO) for any reason whatsoever shall be chargeable at the same rate at which the consignment was initially booked by the seller and the seller shall be liable for the payments of such RTO service charges without raising any objections or disputes whatsoever.
    27. Logistic Partner will process all the parcels and process it’s through its various branches.
    28. It is expressly understood by the parties to the agreement that Logistic Partner is merely a service provider to seller.
    29. Logistic Partner may provide web based online tracking for the shipments carried in its network.
    30. Customer may be provided facility to pay in cash or through card wherever possible for Cash on Delivery shipments. Logistic Partner will be liable for the damage to the shipment only if shipment has been identified as “damaged” by Logistic Partner before delivery to customer or customer has rejected the shipment with reason as “damaged shipment”.
    31. Logistic Partner will not take any responsibility of damage to shipments for reverse pickup from customer or customer rejection of shipment at the time of delivery unless the same is on account of damage caused by Logistic Partner.
    32. The first attempt for delivery of shipment shall be made by Logistic Partner within 7 business days after pickup from the location.
    33. Once a reverse pickup request is received by Logistic Partner, first pickup attempt for reverse pickup from consignee will be made within the next 5 business days.
    34. If shipment could not be picked up from consignee location because of reasons beyond Logistic Partner’s control, Logistic Partner will not be held responsible for the same.
    35. Logistic Partner reserves the right to cancel the reverse pickup request without any prior intimation.
    36. Notwithstanding anything contained herein, above section for Logistics will not apply to products serviced and fulfilled through dropship and such products will be governed by the Drop Shipping Policy.

 

8. CONTENT POSTED ON THE WEBSITE

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and NextBrandz has no control over such third-party generated content as NextBrandz is merely an intermediary for the purposes of this TOS. Except as expressly provided in the TOS, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without NextBrandz’s prior written consent.

You may use the information on the products and services made available on the Website for downloading provided you:

    1. do not remove any proprietary notice language in all copies of such documents;
    2. use such information only for your personal, non-commercial informational purpose and do not  copy or post such information on any networked computer or broadcast it to any media;
    3. make no modifications to any such information; and
    4. do not make any additional representations or warranties relating to such documents.

You shall be responsible for any content posted or transmitted on the Website by you. Such content will become our property and you grant us the worldwide, perpetual and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law,  use the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with our privacy policy and rules of conduct on the Website as mentioned herein, and you are not entitled to any payment or other compensation for such use.

9. LIMITED LICENSE

NextBrandz grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by NextBrandz" and/or “NextBrandz.com” name and/or logo on seller’s invoice for transactions concluded on the Website. Further, NextBrandz grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “NextBrandz.com” name and/or logo on packing material used by seller for delivery of Products sold on the Website.

10 PRIVACY

Protection of your privacy is of utmost importance to us. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder. Our current privacy policy is available on http://www.nextbrandz.com/seller-community-portal/seller-policies. If you object to your information being transferred or used in this manner, please do not use the Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

 We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

 We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information. 

11. PAYMENT

Transactions, transaction price and all commercial terms such as delivery, dispatch of products  and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render NextBrandz liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Website. 

    1. You have specifically authorized NextBrandz or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (COD) to and from buyers in respect of transactions through payment facility. Your relationship with NextBrandz is on a principal to principal basis and by accepting the TOS, you agree that NextBrandz is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Website and paid for by using the payment facility. NextBrandz does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
    2. You understand, accept, and agree that the payment facility provided by NextBrandz is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (COD) payment, collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, NextBrandz neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
    3. You understand, accept, and agree that in case of cash on delivery (COD) payment, you shall be liable to use NextBrandz logistic partner’s services only and drop shipping option shall only be available with pre-paid orders.  

 It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, payment type at NextBrandz’s sole discretion.

 

12. PAYMENT FACILITY FOR SELLERS: 

    1. You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the policies to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold on the Website. For avoidance of doubt, NextBrandz will not be responsible for undertaking any insurance(s) for products sold by sellers on the Website. It is hereby clarified and agreed by the seller that NextBrandz is merely a facilitator so far logistic services (If any) are concerned and logistic services are provided by the Logistic Partner. Further, as and when the goods are shipped through such Logistic Partner, seller shall enter into a bi-partite contract with the Logistic Partner and NextBrandz shall not be a party to such contract / transaction and all rights / liabilities / obligations with respect to such logistic services shall be between seller and Logistic Partner.
    2. Seller shall provide dispatch details and details of after-sales services related to products and services to NextBrandz in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
    3. Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of twelve (12) months from the date of dispatch. The PoDs should be furnished to NextBrandz on demand within the time frame as notified from time to time.
    4. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
    5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and may lead to suspension and/or termination of seller account.
    6. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
      1. Buyer confirms the delivery of products and/or services in the transaction;
      2. Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
      3. Buyer’s refund claim is rejected by NextBrandz due to any breach of the TOS, policies, and any applicable law;
      4. Remittances to a seller (after deduction of commissions at applicable rates) for successful transactions under promotional offers [PO] may be made in multiple transactions through its bank accounts and would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (‘RBI Intermediary Guidelines”).

[PO] Promotional offers are marketing activities as part of which buyers are offered discounts or free products provided they meet the offer criteria.

Remittances to a seller for COD transactions (after deduction of commissions/ shipping charges at applicable rates) shall be made through cheque/demand draft or online bank transfer which may be in multiple transactions through its bank accounts; to the seller’s bank account in accordance with transaction timelines prescribed in clause (g) herein below.

7. Remittance Timelines: Remittance cycle of the settlement amount between NextBrandz and seller will be as per below timelines. The settlement rules shall be governed by “Return & Refund policy” and “Commission Adherence policy”. Remittance to seller post buyer confirmation of order delivery-

S. No

Sales concluded timeline

Invoice Statement generation

Remittance initiation

Cash on Delivery Orders

 

1

Order delivered date D1

D1 + 5

D1+10

Pre-Paid Orders

 

1

Order delivered date D1

D1 + 3

D1+7

 

13. PREPAID PAYMENT INSTRUMENTS

NextBrandz may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Website to users. Any purchases by buyers on the Website using the prepaid instruments shall be governed by the following terms and conditions:

    1. Such prepaid instruments may be used to make payments for the products purchased on the Website
    2. Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Website.
    3. Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
    4. If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.
    5. If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
    6. Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
    7. Prepaid instruments cannot be redeemed for Cash.
    8. NextBrandz is not responsible if prepaid instruments are lost, stolen, or used without permission.
    9. Buyers can only use a single prepaid instrument per order.
    10. All sellers on the Website will accept this prepaid instrument as a payment instrument.
    11. NextBrandz will be responsible for making payments to sellers after
    12. NextBrandz will make payments to sellers whose products have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.

14. CHARGES

Registration on the Website is free. NextBrandz does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this TOS. NextBrandz reserves the right to change its fee policy from time to time. In particular, NextBrandz may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, NextBrandz reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to NextBrandz. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to NextBrandz.

15. TAXES:  

You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

 

16. RULES FOR REMITTANCE FOR SELLERS

    1. A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state ‘Powered by NextBrandz’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
    2. In case of any chargebacks levied by the bank, NextBrandz shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, NextBrandz shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event NextBrandz has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by NextBrandz to the seller.
    3. NextBrandz may delay notifying the payment confirmation, i.e. informing seller to dispatch if NextBrandz deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, NextBrandz may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
    4. Sellers acknowledge that NextBrandz will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of NextBrandz.
    5. NextBrandz shall make payments into the bank account provided by a seller during the seller registration process. Once NextBrandz has made payments into such a bank account number, NextBrandz shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

 

17. COMPLIANCE WITH LAWS

    1. Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Legal Metrology Act, 2009 and the rules made thereunder, Export Import Policy of Government of India) and obtain the necessary licenses and permits applicable to them [including the licenses under the Foods Safety and Standards Act, 2006 for sale of products under Food and Nutrition category] for using Payment Facility and Website.
    2. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
    3. In the event of sale of jewellery, seller shall provide hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and NextBrandz shall not be liable whatsoever for any non-compliance in this regard.
    4. In the event of sale of jewellery, seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. NextBrandz hereby disclaims any responsibility for conducting Buyer KYC.

 

18. DIGITAL CONTENT MUSIC

 

1. Music (MP3 format):

Only certain short listed sellers (at the sole discretion of NextBrandz) shall be entitled to sell music (MP3 format) on the Website. Buyers may be able to purchase DRM-free digital music in MP3 file format on the Website from respective sellers. Such MP3 music files shall be provided to buyers, as per selection provided by sellers, subject to certain limitations as described by sellers. Buyers shall be granted specified download rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on the Website. The MP3 music may include full-length MP3 audio tracks at best available bit rate and certain other premium features as may be provided on the Website by respective sellers from time to time

2. Territory:

Currently buyer can purchase downloadable digital MP3 music only through the Website, as may be made available from time to time on the Website only within the territory of India.

3. Intellectual Property Rights

It is hereby specifically recorded that the copyright and other intellectual property on music available on the Website is the sole and exclusive property of third parties. Sellers represent and warrant that sellers are authorized by such third parties to upload music on the Website for license of use to end customers. Intellectual property rights for the purpose of the TOS shall always mean and include copyrights, whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs -- both industrial and layout -- geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights and infringement rights. All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of NextBrandz as the owner of such domain names. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of users and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and our control or control of its licensors, as the case may be. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

19. PRODUCT DESCRIPTION

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

20. AUDITS

NextBrandz shall have the right to inspect and audit seller’s records and premises / place of business through itself or through NextBrandz approved third party testing agencies. Cost of such audit shall solely be borne by NextBrandz unless audit reflects discrepancy in seller accounts / non-compliance with NextBrandz’s seller policies, in which case cost of audit shall be borne by the seller.

21 BREACH

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:

    1. if you breach the TOS, privacy policy or other policies (if any);
    2. if we are unable to verify or authenticate any information you provide; or
    3. if it is believed that your actions may cause legal liability for you, other users, or us;

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the TOS, privacy policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

21. INDEMNITY

You shall indemnify and hold harmless NextBrandz its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the TOS, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

22. TRADEMARL COMPLAINT

NextBrandz respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to NextBrandz legal@NextBrandz.com  

23. COPYRIGHT COMPLAINT

NextBrandz respect the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to NextBrandz at legal@NextBrandz.com 

24. TRADEMARK, COPYRIGHT AND RESTRICTION

The Website is controlled and operated by NextBrandz and products are sold by respective registered sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute NextBrandz’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

25. LIMITATION OF LIABLITY

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

26. APPLICABLE LAW

The TOS shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Delhi.

27. JURISDICTIONAL ISSUES/ SALE IN INDIA ONLY

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. NextBrandz makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and NextBrandz is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.

28. CONTACT US

Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to support@NextBrandz.com

29. GRIEVANCE OFFICER

In compliance with Information Technology Act, 2000 and the rules made there under, to contact the Grievance Officer of NextBrandz for the purpose of this Agreement, please email to: grievanceofficer@NextBrandz.com. NextBrandz may change the aforesaid details from time to time under intimation

 

 
PRIVACY POLICY

Updated 1 January 2016

 

We understand the utmost important thing for you is privacy and security. That's why we pay great attention and maintain highest standards for secure transactions and customer information privacy.

Please read the following statements to learn about our information gathering and dissemination practices.

By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website.

Note: Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.

By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

1. Collection of Personally Identifiable Information and other Information

When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.

In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.

We use data collection devices such as "cookies" on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session.

Additionally, you may encounter "cookies" or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.

If you choose to buy on the Website, we collect information about your buying behaviour.

If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.

If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.

We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.

2. Use of Demographic / Profile Data / Your Information

We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.

In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users' activity on our Website.

We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.

We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.

3. Cookies

A "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer's hard drive. The cookies do not contain any of your personally identifiable information.

4. Sharing of personal information

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

5. Links to Other Sites

Our Website links to other websites that may collect personally identifiable information about you. NextBrandz.com is not responsible for the privacy practices or the content of those linked websites.

6. Security Precautions

Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

7. Choice/Opt-Out

We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.

8. Advertisements on NextBrandz.com

We use own as well as third-party advertising companies to serve ads when you visit our Website. We or there companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

9. Your Consent

By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per this privacy policy.

If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

10. Grievance Officer

In compliance with Information Technology Act, 2000 and the rules made there under, to contact the Grievance Officer of NextBrandz for the purpose of this Agreement, please email to: grievanceofficer@NextBrandz.com. NextBrandz may change the aforesaid details from time to time under intimation

10. Questions?

Questions regarding this statement should be directed to the following address:support@nextbrandz.com

 

.

 
BUYER'S SHIPPING & RETURN POLICY

Update 1st Jan 2016

You are requested to read the following policy around shipping and returns. Nextbrandz reserves the right, at its sole discretion, to change, modify, add, or remove portions of this policy at any time and without any prior written notice to the user. It is the responsibility of the user to review this policy periodically for updates/changes

 

Shipping Policy

  1. Shipments are delivered only to the receiver`s address given by the seller but not necessarily to the named receiver personally.
  2. Consignments, which are of hazardous nature (Chemicals, flammable articles and liquids) expressly prohibited by the railway/airport authority or any other transport agency, shall not be delivered
  3. Consignments addressed to Ministry Offices and Central Government Offices in New Delhi are put in the box at the gate, due to security reasons as per the direction of the Central Government without taking any POD proof/acknowledgement from the receiver.
  4. Seller will make every effort to deliver the products to the buyer within the committed timelines. NextBrandz and its Logistic Partner shall not be liable for any loss arising due to the causes beyond its control such as floods, accidents, fire, theft, war etc.
  5. Every effort is made to adhere to the delivery schedule, but it may be delayed in the circumstances beyond Logistic Partner’s control.
  6. Consignments addressed to a Post Box Number cannot be delivered.
  7. Buyers will receive a copy of invoice along with shipment to ascertain its authenticity
  8. Customer may be provided facility to pay in cash or through card wherever possible for Cash on Delivery shipments.
  9. A request for early or late delivery by the buyer will be entertained at the sole discretion of the seller on a case to case basis. Nextbrandz will be in no way responsible for the costs incurred due to change in the delivery SLA.
  10. A request for early or late delivery by the seller will be entertained at the sole discretion of the buyer on a case to case basis.
  11. Seller will provide the tracking ID for each shipment for each order
  12. In normal circumstances delivery shall be made in 3-5 days

 

Return Policy

1. NextBrandz’s Return Policy covers the buyer against –

  1. Damaged
  2. Defective condition
  3. Not as Described by the seller,
  4. missing items
  5. mis-shipment
  6. fake/expired products
  7. manufacturing defects
  8. used products
  9. Others

Buyers shall be able to raise a request for return, replacement/exchange or refund within the return guarantee period post order delivery which is as follows:

  • 14 days for all categories.

2. Managing Buyer Returns:

NextBrandz return management process will ensure a smooth return flow for buyer. All return request from buyers will be raised directly to NextBrand. Buyer will need to state the reason for return (in some cases will also attach images). If buyer’s return does not fit the parameters specified on NextBrandz, returns can be rejected.

2.1   Return Request Raised

A buyer can raise a return request via NextBrandz support (through telephone or email or directly using self-serve on the Website).

2.2   Accepting Return(s):

One of the following will be chosen while accepting a return from buyer:

      • Send buyer the new product and get      old shipment back.
      • Refund buyer and get old shipment back.
              

3, Buyer Returns

Buyer returns can be created by the buyer after the product is delivered successfully. Buyer returns can be one of the three types listed below depending on the case.

3.1   Buyer wants a replacement:

a)      If the buyer has received an item in any of following conditions-

        1. Damaged
        2. Defective condition
        3. Not as Described by the seller,

he/she can request a replacement request at no extra cost. Replacement is subject to availability of stock with the seller. In case of replacement-

        1. the product shall be replaced at same listed price as originally purchased

b)      If the product is out of stock, a refund will be provided to the buyer and seller gets the old shipment back

3.2   Buyer wants an exchange:

a)      Buyers can request an ‘Exchange’ for the product in a different size or color. In case of exchange-

        1. the product shall be exchanged as per new product’s listed price and either –
          1. buyer shall be liable to pay the difference amount if exchanged product price is more than original products’ s price or
          2. seller will refund the differential amount if exchanged product price is lower than original products’ s price

b)      If the seller doesn’t have the required products in stock, a full refund will be provided to the buyer and get the old shipment back

 

3.3   Buyer wants refund:

a)      A full refund at no extra cost will be provided if the buyer has received an item as 'Damaged', 'Defective' condition, 'Not as Described' by the seller, missing items, mis-shipment, fake/expired products, manufacturing defects, used products and buyer is not willing for replacement and instead wants refunds..

b)      A full refund will be provided if the buyer doesn’t want the product due to change of their mind or buyer ordered by mistake. Seller gets shipment back

 

4. ​Courier Returns

Courier returns are returns which happen before the delivery of the product to the buyer. Following are the possible scenarios where courier returns happen.

4.1   Buyer Not Reachable

    1. If buyer is not reachable after 2 attempts by Logistics Partner’s attempt to deliver the package, the shipment shall be returned to seller and the order would be considered cancelled. If buyers still want to purchase the item, he/she should place a new order.. 
    2. If Logistics Partner returns the package as an undeliverable package, a full refund will be automatically issued to the buyer if they paid online via credit/ debit cards.

 

4.2   Buyer Cancellation

a)      Buyer may cancel the order and an order can be cancelled before it reaches the buyer. In this case seller will re-call the product. Following shall be the refund rules

        1. NextBrandz shall refund full listing price to the buyer if pre-paid

b)      For order cancellations, a full refund will be automatically issued to the buyer if they paid online via credit/ debit cards

 5. Product Return Conditions

When is “Free Exchange Policy” applicable for buyers?

      1. Clothing & Footwear - Free      exchange (request for different size/color)
      2. Sunglasses and Jewellry (Only      Rings & Bangles) - Free exchange (Only size mismatch) 

For following products returns will not be possible for buyers:

      1. Categories like Innerwear,      Lingerie, Socks  & Clothing freebies
      2. Made to order/ custom jewellery
      3. Any consumable item which has been      used or installed
      4. Items that are returned without      original packaging, freebies or accessories
      5. Products with tampered or missing      serial numbers
      6. Product damaged because of use
      7. Product received is not in the      same condition as seller shipped to the buyer
      8. Return request is made outside the      specified time frame

Following are few of the parameters specifying the item condition that should be complied with by the buyer for return. If these conditions are not met, NextBrandz may refuse return request

Category

Condition

Electronics

Should be ‘New’   with original accessories included

Home &   Furniture

Should be “New” and   unused and returned with original packaging and original accessories.

Fashion &   Health

Should be “New,   Unworn & Unopened”

Sports &   Fitness

Should be “New” and   returned with original packaging

Book & Media

Should be “New” and   returned with original packaging

Toys & Hobbies

Should be “New” and   returned with original packaging

Travel & Leisure

Should be “New” and returned with   original packaging

Automobile

Should be “New” and returned with   original packaging

Office Supplies

Should be “New” and returned with   original packaging

 

 
 
 
DISPUTES RESOLUTION POLICY

Updated 1st Jan 2016

Generally, transactions are smooth at NextBrandz. However, there may be some cases where buyers and sellers face issues. At NextBrandz, we have a dispute resolution process in order to resolve disputes between buyers and sellers.

1. What is a dispute?

A dispute can be defined as a serious disagreement between a buyer and a seller in connection with a transaction on the website.

2. Reasons for disputes

Disputes are filed as a result of disagreements between buyers and sellers. Disputes can be raised by either party against the other when complaints/issues are not resolved in their favor.

It is important that before buyers raise disputes to NextBrandz, the buyer and seller should attempt to resolve the issues between themselves.

Following are some indicative examples of potential disputes:

  • Wrong item received;
  • Item not as described;
  • Damaged or seal-broken product;
  • Part/accessory missing;
  • Item not compatible;
  • Seller description/specification wrong;
  • Defective (functional issues); and
  • Product not working and manufacturer says invalid      invoice.

In case a seller rejects the return request of a buyer and the buyer raises a dispute, NextBrandz shall try and mediate between the seller and the buyer for resolution of the dispute. If the dispute is resolved in favor of the buyer, then the buyer shall be entitled to a refund/replacement provided the buyer returns the product to the seller. If the dispute is settled in favor of the seller, the buyer shall not be entitled to any refund/replacement.

3. Reporting a Dispute

Whenever there is a disagreement, a seller can write to support@nextbrandz.com (seller issues) in order to raise a dispute. A dispute can be raised at a particular transaction level.