Last updated on: Jan 12, 2017
- PriceMap Seller mobile application (“Mobile Application”) www.pricemap.in (“Website”) shall collectively be hereinafter referred to as the “PriceMap Platform”;
- "We", "Us", "Our" shall mean "Pricemap”; and
- any third party selling products through the PriceMap Platform shall be referred as “Buyers”.
BY USING THIS PRICEMAP PLATFORM YOU AGREE AS FOLLOWS:
2. What are Our Services?
The PriceMap Platform is an electronic platform in the form of an intermediary that provides services to facilitate the engagement of Buyers and Sellers for commerce and including but not limited to internet based services (“Service”) on the PriceMap Platform and such other services that are incidental and ancillary thereto. Your subscription to the Services is solely at Your discretion. One such Service enables You to offer/ inform the availability of the merchandise available on Your shop/establishments/outlets (collectively, "Products") for sale to prospective Buyers through Your shop/establishment/outlet, who is searching for these Products on-line. The Products will be purchased by the Buyers after visiting Your shop/establishment/outlet and making the payment directly to You or Your authorised persons. The sale/purchase of Products can be additionally governed by Your specific policies of sale, like cancellation policy, exchange policy, return policy, etc. as informed by You to such Buyers. We are not responsible for any conduct or behaviour of the Buyers who approach/contact you for the Products offered by You on PriceMap Platform.
3. Who Are Eligible To Use Our Services?
The Services shall only be available to You if You are the authorised representative acting on behalf of the shop/establishments/outlets and dealing in the Products which are eligible to be sold on the PriceMap Platform.
PriceMap reserves the right to refuse access to use the Services offered at the PriceMap Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4. User Account, Password and Security:
You may access and use the PriceMap Platform and the Services as a registered user by using mobile phones or any other operating systems, as may be notified and added by Us from time to time. User hereby warrants that they have authority to provide any information to PriceMap.
In order to access and use the features of the Service, You acknowledge and agree that You will have to provide PriceMap Your name and mobile phone number. The access to PriceMap Platform is linked to mobile number which shall be authenticated by entering a One Time Password which You will receive on Your mobile number immediately after sharing Your mobile number.
When providing Your mobile phone number, You agree to provide true, accurate, current and complete information about yourself. If You provide information that is untrue, inaccurate, not current or incomplete, or PriceMap has reasonable grounds to suspect that You have provided such information, we may (in addition to any other rights or remedies available to us), suspend or terminate Your access and refuse any and all current or future use of the PriceMap Platform and the services (or any portion thereof). You should be cautious about sharing your account information with third parties. You should not impersonate someone else, create or use an account for anyone other than yourself and the shop/establishment/outlet you represent. You are responsible for the confidentiality of Your personal /shop’s /establishment’s/outlet’s information which You provide while trying to get the access of the PriceMap Platform.
As a Seller, You confirm that You are truthfully/correctly indicating yourself as either the employee or manager or owner of the shop/establishment/outlet and providing accurate shop/establishment’s/outlet credentials including but not limited to shop name, address, phone number, number of employees, number of years in operation and not misrepresenting any of such information. PriceMap cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. Your account shall be subject to suspension by Us, on Our sole discretion, in the event of ascertainment of any false information provided by You in regard with this section.
If You access our PriceMap Platform, You are responsible for maintaining the confidentiality of Your user identification and password information, and for restricting access to Your computer/mobile phones. You agree to accept responsibility for all activities that occur under your registered mobile number. When You access this Platform, You register Your personal/shop’s/outlet’s/establishment’s information in our database which will be maintained by Us and will be used for making Your user experience better and helping Buyers to contact and locate You.
Additionally, You are prohibited from selling, trading, or otherwise transferring Your account to another person.
5. Use Of Your Personal Information:
6. User Conduct and Rules:
You Agree and Confirm that You will use the Services provided by the PriceMap Platform, to offer the Products to the Buyers and comply with all applicable laws and regulations while using and transacting through the Platform.
That You are accessing the Services available on this Platform and transacting at Your sole risk and are using Your best and prudent judgment before entering into any transaction through this Platform.
You agree and undertake to use the PriceMap Platform and the Service only to offer Your Products to the relevant Buyers at the terms and conditions solely agreed upon between You and the prospective Buyer.
By way of example, and not as a limitation, You agree and undertake that when using a Service, You will not:
- a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- c) offer any stolen or fake or out-of-stock Products to the buyers;
- d) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
- e) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the PriceMap Platform;
- f) conduct or forward surveys, contests, pyramid schemes or chain letters;
- g) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- h) violate any applicable laws or regulations for the time being in force in or outside India; and
- i) violate, abuse, unethically manipulate or exploit, any of the Terms for the use of PriceMap Platform.
7. Guarantee and responsibility for the Products:
You shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale via PriceMap platform (including but not limited to quality, quantity, price, merchantability, finish, appearance, size, colour, functionality, reliability, use for a particular purpose, or any other related claim) and shall hold PriceMap harmless and indemnified against all such claims and damages.
You represent that You own, or have the necessary permissions to sell Products as offered by You on the PriceMap Platform. You may not imply that Product is in any way sponsored or endorsed by PriceMap. You may expose yourself to liability if, for example, Your Products quality is bad or does not match with the information provided by You on PriceMap Platform or contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You shall be responsible for any return & exchange policy You offer to the Buyers.
You hereby agree, confirm and acknowledge that the Product is owned by the shop/establishments/outlets and either You or Your authorised representative shall use the PriceMap Platform to offer Products to the Buyers. PriceMap is merely a platform for Buyers to find out availability of Your Product and PriceMap is not responsible/ liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever.
8. Platform for Transaction and Communication:
The PriceMap Platform is a platform that enables Buyers to meet and interact with You for their transactions. PriceMap is not and cannot be a party to or control in any manner any transaction between the Buyers and You.
- a) All commercial/contractual terms are offered by and agreed to between You and Buyers alone: PriceMap does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the Buyers.
- b) PriceMap is not responsible for any non-performance or breach of any contract entered into between Buyers and You. PriceMap cannot and does not guarantee that the concerned Buyers will perform any transaction concluded through the PriceMap Platform. PriceMap shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and You.
- c) PriceMap does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Buyers. You are advised to independently verify the bona fides of any particular Buyer that You choose to deal with and use Your best judgment in that behalf.
The PriceMap Platform is a platform that enables You to offer Products at the price indicated by You on the PriceMap Platform through Your own shops/establishments/outlet. No monetary transaction takes place through PriceMap Platform. PriceMap accepts no liability for any loss or damage whatsoever in relation to any information provided through this PriceMap Platform.
10. Intellectual Property Rights:
It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of Our various Service.
The PriceMap Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the PriceMap Platform is owned and controlled by PriceMap or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the PriceMap Platform, by no means are any rights impliedly or expressly granted to You in respect of such Content. PriceMap reserves the right to change or modify the Content from time to time at its sole discretion.Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from PriceMap of such Content and no others rights are conveyed to You by virtue of accessing or using the PriceMap Platform.
11. Disclaimer /Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PRICEMAP WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PRICEMAP PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. PRICEMAP HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PRICEMAP PLATFORM IS CORRECT, BUT PRICEMAP NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. THE PRICEMAP PLATFORM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PRICEMAP PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PRICEMAP PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PRICEMAP PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, PRICEMAP SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PRICEMAP PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PRICEMAP PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE PRICEMAP’S CONTROL.
PRICEMAP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SELLER, EVEN IF PRICEMAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRICEMAP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF SERVICES BY ANY SELLER.
BY INSTALLING PRICEMAP PLATFORM, YOU MAY DISCLOSE INFORMATIONS LIKE LOCATION, EMAIL-ID ETC., (APP PERMISSIONS) TO PRICEMAP. YOU SHALL HAVE SOLE RESPONSIBILITY AND LIABILITY FOR SUBMITTED INFORMATION AND MATERIALS. WE WILL USE SUCH SUBMITTED INFORMATION AND MATERIALS EXCLUSIVELY FOR YOUR BETTER EXPERIENCE OF USING OUR PRICEMAP PLATFORM. PRICEMAP DOES NOT WARRANT THAT THIS PRICEMAP PLATFORM; INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRICEMAP PLATFORM; THEIR SERVERS; OR ELECTRONIC COMMUNICATION SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Feedback Mechanism:
We may have a feedback mechanism tool for PriceMap Platform. You agree that while using PriceMap Platform, You are subject to evaluation by Us. The evaluation shall be based on a system of rating and review, which shall be on the basis of Your usage of the PriceMap Platform, such as but not restricted to, the quality of Your Products, Your usage/actual sales through the PriceMap Platform or on the basis of interaction between You and Buyers.
16. Governing Law: