EXAMSEVA Terms of Sale
The EXAMSEVA (owned and operated by I&I Corporation Technologioes Pvt. Ltd.) terms of sale (the “Terms of Sale”) is an electronic record in the form of electronic contract under the Indian Contract Act, 2000 (the “Act”), or any rules prescribed under the Act.
These Terms of Sale does not require any physical, electronic or digital signatures.
The www.examseva.com website and examseva mobile applications (hereinafter referred to collectively or individually as “examseva”) are owned and operated by I&I Corporation Technologioes Pvt. Ltd, a company incorporated under the Companies Act, 2013 with its registered office at Birsa Nagar , Road Number 4 , Ranchi - Jharkhand (the “Company” or “Examseva”).
The Terms of Sale is legally binding on both the Seller and Buyer, where the Seller has made offer to sell digital and/ or physical products/services by listing the same on the examseva and Buyer has accepted such offer by agreeing to buy the product or use the service, in current or future date. These Terms of Sale will be effective and binding on the Buyer upon Seller’s advertising, exhibiting or publishing the product/services on the examseva. These terms will be binding on the Buyer on his consent to buy the product / services.
The terms may contain certain disclaimers which will be binding on both the Buyers and the Sellers.
Users are advised to read the Terms of Sale carefully. The Terms of Sale are in addition to the Terms, agreement, privacy policies, and other policies of the Company. examseva can include/exclude/modify Terms of Sale any time, which will be binding on Buyer and the Seller and such conditions may or may not be part of this agreement.
The consent, by acceptance or use, will be considered as binding on the user (Buyer or Seller) and will be unconditional, subject to the provision of the Act.
- Buyer/Customer/User is any user (whether registered or not), who purchases the products or services of the Seller (as defined in the policy below), through the examseva.
- Courier Fees shall mean the fees payable by the Seller to examseva for availing of the courier services through examseva's Courier Partner(s).
- Courier Partner shall mean the courier companies partnered by examseva to enable the Sellers to avail their logistic services for delivery of the purchased Products to the Buyers.
- List Price shall mean the price of the product as listed on the Platform by the Seller. Any delivery or cash handling charges levied on the Buyer shall be considered over and above the List Price.
- The Company – These Terms of Sale refer I&I Corporation Technologioes Pvt. Ltd as us, we, examseva or the Company, and should be construed accordingly.
- examseva (owned and operated by I&I Corporation Technologioes Pvt. Ltd) – has a website and mobile applications wherein the Sellers can provide their offerings and the Buyers can view/avail such offerings and enter into binding contracts with the Sellers. For the purposes of all policies, it will include the website as well as the mobile application.
- Order shall mean the order placed by the Buyer to purchase Product(s) and Service(s) from the Seller through examseva .
- Payment Collection Fees shall mean the fees payable by the Seller to examseva as payment collection fees.
- Product(s)/Service(s) shall mean the Product(s) and/or Service(s), made available by the Seller for sale/subscription by the User.
- Seller is any person/legal entity which lists/exhibits/offers to sell/ advertises /market, their products on the examseva .
- Seller Panel is an account on a platform provided by examseva to the Seller to update the order status, price, content and inventory of the Products on the platform as applicable.
- Seller Proceeds shall mean the net amount receivable by the Seller after deduction of Service Fees, Courier Fees, Payment Collection Fees, and other charges (as applicable) from the Selling Price.
- Selling Price shall mean List price less any discount (if any) offered by the Seller and which is the final price of the Product/Service paid by the Buyers.
- Service Fees shall mean fee payable toexamseva by the Seller which is 10% of the Selling Price
- Transaction shall mean a bipartite transaction for the sale by the Seller and Buyer for purchase of Products and/or Services through the examseva .
2. Offer and acceptance of product/services
The agreement is between the Buyer and the Seller as defined in the Terms of Sale and will be binding on both. We have the right to cancel any contract, for any reason per the policies of the Company or as required by a law/decree/instruction from a law enforcing authority.
3. Seller Eligibility
The Services on the examseva are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the examseva. Any person using the Services on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that he is duly authorized to accept the Terms of Sale on behalf of the Seller and that such person has the authority to bind the Seller to these Terms of Sale.
4. Seller Undertakings & Obligations
- The Seller acknowledges that it shall at all times have marketable and legal ownership and title in respect of all Products offered on the examseva and the Seller shall pass on the marketable and legal ownership and title in respect of a Product to the Buyer upon successful completion of delivery and acceptance of the Products by the Buyer. The Seller will be the owner and all the ownership rights and property of, in and upon the Products and any other property entrusted to the Company and/or the authorized representative of Company in relation to the services and/or the additional services rendered by the Company in accordance with the Terms of Sale until the Products are transferred to the Buyer shall vest in the Seller and thereafter upon completion of successful transaction with the Buyer.
- The Seller hereby undertakes that all Products which are displayed or sold through the examseva or delivered through examseva distribution network to the Buyers are allowed to be sold in India as per the applicable laws and the products provided to the Company by the Seller for delivery/ distribution shall at all times comply with the specifications for packaging, labeling, delivery/ distribution under the applicable laws, including without limitation the rules and regulations of the Legal Metrology Act, 2009 read with the Legal Metrology (Packaged Commodities) Rules, 2011, International Air Transport Association (as maybe applicable) and the Motor Vehicles Act, 1988 read with the applicable rules (as maybe applicable).
- The Seller has the obligation to fulfill every order placed by the Buyer and confirmed on examseva as per the inventory given by the Seller. The Company has the right to blacklist the Seller in case the order is not fulfilled. The Seller shall at all times adhere to the service levels as specified below:
- Process the order within 48 hours (excluding Sundays & Public Holidays) of order confirmation to the Seller.
- If the order cannot be processed due to any reason within the time mentioned in the above clause then the Seller shall communicate the reason within 48 hours from the time of receiving the order confirmation.
- The Seller shall ensure that the packaging of the Products is safe, proper and adequate to withstand the normal transportation and environmental hazards and in compliance with applicable laws. If any order is processed without proper packaging and the product gets damaged in transit then the Seller will have to replace the packaging at own cost. Seller shall be liable to bear any loss or damages incurred by examseva if the Seller is not in strict compliance with this clause.
- Seller represent that Seller shall provide accurate and complete Product information on the Seller Panel/Platform. The Product description shall not be misleading or in violation of any legal provision and shall describe the actual condition of the Product. If the sold Product does not match the Product description displayed on the Platform, Seller agrees to refund any amounts that Seller may have received from the Buyer and compensate and indemnify examseva of any entailing legal consequences or otherwise losses suffered by it.
- The Seller shall ensure that the real time availability/non-availability for various products is updated and communicated on daily basis on the Seller Panel. The Company shall debit the Service Fees to the Seller in the event the product cannot be delivered by the Seller due to “out of stock” and in such event Seller shall compensate and indemnify examseva of any entailing legal consequences or otherwise losses suffered by it.
- The Seller shall close the Manifest on the Seller Panel at the time of pickup by the Courier Partner and shall not handover any shipment without acknowledgement on the Manifest from the Courier Partner pickup person.
5. Penalties For Non Delivery Or Return of Products
- Where the Product has not been delivered/ has been returned due to any reason/fault attributable to Seller, then examseva shall on behalf of the Seller refund to the Buyer the Selling Price paid by the Buyer to purchase the Product and Seller shall be liable to pay examseva and examseva shall be entitled to recover from Seller – Service Fees, Courier Fees, Payment Collection Fees, (if applicable) and Seller Proceeds (where examseva has remitted the Seller Proceeds to the Seller) for that Product.
- Seller agree and acknowledge that examseva shall be entitled to recover/adjust any outstanding amount due and payable by Seller to examseva under this Agreement from any Seller Proceeds payable to Seller and Seller undertakes not to object to such recovery/adjustment.
- In the event of any default by Seller to deliver the Product to the Courier Partners (and therefore to the Buyer) on time or at all, Seller shall immediately update the Seller Panel / send an email to examseva informing of such non-delivery and the reasons thereof, immediately on the occurrence of such event. In such events, examseva at its discretion might cancel such orders and mark them under Seller cancellation and refund on behalf of the Seller the amount, if any paid by the Buyer for that Product.
- Seller hereby agrees to accept all Products (cash on delivery or non-cash on delivery), which are refused/not accepted by the Buyer at the time of delivery.
- The Seller hereby agrees and acknowledges that it shall be liable to pay 50% of the Service Fees due towards examseva if the Seller cancels the order within the Shipment SLA and shall be liable to pay 100% Service Fees due towards examseva if the Seller cancels the order after Shipment SLA and examseva shall be entitled to recover the same from the Seller.
- Offer of sale of each product / service might be different and will be governed by the Seller and all the relevant details that are included by the Seller on the examseva. The Seller is under the obligation to provide any additional terms or conditions which may apply to any particular product or service offered by the Seller on the examseva .
- The Seller represents to the Buyer that:
- He has the right to sell the product or service to the Buyer
- Products/service shall be free of charge or encumbrance in favor of a third party
- Products/service shall meet the description provided on the examseva and as provided by the Seller
- Buyer shall enjoy quiet possession of the products, where applicable
- The pricing of any product is the prerogative of the Seller and he reserves the right to change the price of the product any time. In case, the List Price on the examseva is mentioned incorrectly then the Seller or the Company has the option to cancel the order.
- The transaction price includes all taxes, unless otherwise specified.
- The delivery of the product/services shall be made as per the conditions defined in the description of the product/service, and may vary for each item listed by the Seller, and the definition of delivery shall be determined as per the product (Physical or Digital).
- The title of the product may or may not vest with the Buyer for all products. Where the Buyer is in possession of any product or services which has Intellectual Property Rights (IPR) including but not limited to Copyrights and Trademarks attached to it, the Buyer is under the obligation to comply with such rights. The Seller or the Company shall have all rights to take legal action against the Buyer in case there is any infringement of any IPR by the Buyer.
9. Returns And Refund
For Digital Products
Refund/Return shall NOT be allowed for digital products purchased on examseva. All requests for refund / return are subject to the prerogative of the Company or Seller, as the case may be, and The Company is under no obligation to the provide a refund or entertain a return except where it deems appropriate.
For Physical Products
Return of physical products by the Buyer will be eligible only if the Buyer raises a written complaint by emailing the return request details to firstname.lastname@example.org within 48 hours of delivery of the product, subject to the below mentioned conditions being fulfilled:
- Wrong product has been delivered to the Buyer or if Book printing from printer is not proper. Buyer is required to send the proof by email
- Products delivered by non-publication houses ( including but not limited to coaching institutes, tutors, individual authors etc.) is non-returnable
- The product should be undamaged and without any scratches, tears or holes
Refund Process For Physical Products
- The following refund process shall be followed within 15 days post receipt of the product from buyer
- After receipt of the product back from the Buyer, the Seller would endeavor to ship the replacement item to the Buyer.
- In case the replacement item is out of stock, the price paid by the Buyer would be refunded to the Buyer.
- Where applicable, before taking delivery the Buyer should ensure that the packaging is not damaged.
- The return/refund may be subject to additional conditions which may not have been disclosed under this policy, and shall be intimated to the Buyer at such time.
10. Cancellation For Physical Product
- Cancellation by the Buyer: The Seller reserves the right to accept the cancellation request. As a practice, the Seller may accept cancellation where the order has not been dispatched and may provide refund within reasonable time. Seller may not cancel the orders that have already been dispatched.
- Cancellation by the Seller: The Seller may cancel the orders, either directly or through us, for whatever reason as he may deem fit. In cases wherein the Seller cancels the order, a valid reason shall be provided to the Buyer and a refund will be processed on immediate basis. The mode of reversal/refund shall be at the option of the Seller/Company, as the case may be.
- Cancellation by the Company: The Company reserves the right to cancel any order without any prior notification to the Buyer, which may be due to a technical fault, at the request of Buyer or Seller, circumstances beyond the control of the Company or as required by the law. Under such circumstances, the refund of the amount paid will be processed as per the refund policy.
Cancellation request by the Buyer will NOT be accepted for a digital product.
11. Governing Law
- The Terms of Sale shall be governed by the law of India without reference to any conflicts of principles. The place of jurisdiction shall be exclusively in New Delhi.
- The Terms of Sale are solely for the benefit of users, their successors or assignees.
12. Jurisdiction For Product Sales
examseva makes no representation that the products sold on examseva are appropriate or available for use outside India. Physical products are for sale only in India. examseva or the Seller is not responsible for delivery of product ordered from other countries other than India.
- examseva is only an intermediary owning the examseva and its role is limited to managing the Platform to enable the Sellers to exhibit, advertise, display, make available and offer to sell the products / services and for Buyers to avail such services or buy such products and other incidental services to Buyer and Seller. Accordingly, the Contract for sale shall be bipartite contract between Buyer and Seller, and the Company shall not have any liability related to the contract.
- We do not warrant that the Product description or other content anywhere on examseva is accurate, complete, reliable, current, or error-free and assume no liability in this regard.
- We do not control, endorse or accept any responsibility of any of the products or services listed on the examseva . The Company shall not be held responsible for breach of any rights/obligation related to any contracts between Buyer and Seller, and/or infringement of any rights/IPR’s/copyrights of any of the products or services listed on the examseva.
- Each product/service may be subject to additional conditions by the Buyer, over which we have no control. Buyer understands his/her responsibilities and is entering into a contract, only after understanding all the related risks. We undertake no responsibility for any actions of either the Buyer or Seller, in relation to any anything related to a contract entered through the examseva .
- We undertake no obligation that the pricing of the offering made by the Seller, is accurate, proper and valid.
- We undertake no obligation to ensure timely delivery of products or services, as the same is controlled by the Seller.
In no event shall examseva be liable to either the Seller or Buyer for any direct, indirect, incident, special, punitive, or consequential damages of any kind in connection with these Terms of Sale.
The Buyers and Sellers (“Indemnifying Party”) hereby irrevocably and unconditionally agree to indemnify and hold examseva and its affiliates, directors and employees ("Indemnified Party") harmless from and against any and all liabilities, losses, damages, costs, claims, actions, proceedings, judgments, settlements, expenses or the like (collectively “Loss”) which may be suffered or incurred directly or indirectly as a result of any misrepresentation or breach of any representation or warranty made by Indemnifying Party, or due to negligence, fraud or misconduct, or failure to perform any covenant or obligation or undertaking contained in any agreement by the Indemnifying Party. Notwithstanding anything contained herein, the Company shall be entitled, in its absolute discretion, to take such action as it may deem necessary to avoid, dispute, deny, resist, appeal, compromise, contest or settle any Claims (including without limitation, making Claims or counterclaims against Third Parties). The Parties (including for this purpose, their Affiliates) shall not be liable for each other’s indirect, incidental, special or consequential damages or liabilities (including lost profits or lost Revenues or loss of business reputation or opportunity) of any kind based on any claim under this Agreement, regardless of whether such liability arises in tort, contract, breach of warranty, indemnification or otherwise.