TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.

This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name/ website [www.impexbee.com] (“Website”), including the related mobile application (hereinafter referred to as “Platform”).

This document is a legally binding agreement between a Seller (as defined below) or a Buyer (as defined below), as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who access or use or transact on the Platform and avail Service for a commercial purpose only and the Impexbee Private Limited (referred to as “we”, “our” or “impexbee” hereinafter).

This document and such other rules and policies of the Platform (including but not limited to Return Shipments Policy, Undelivered Shipment Policy, Privacy Policy, Product Listing Policy, Infringement Policy, Anti-Counterfeiting Policy) as may be amended from time to time are collectively referred to below as the “Terms”. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. By accessing, browsing, or otherwise using the Platform or using the Services, including following the posting of changes, User agrees to accept and be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates / changes. Please do not use the Services or access the Platform if you do not accept the Terms or are unable to be bound by the Terms.

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR IMPEXBEE. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as maybe amended, updated and modified from time to time.

Additional terms and conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service. 

For the ease of reference, this document is divided into following sections:

1. General Terms applicable to all users on the Platform;
2. Terms applicable to Buyers (“Buyer Terms”); and
3. Terms applicable to Sellers (“Seller Terms”).

If you (by itself or through your representatives) intend to make a purchase or have placed an order through the Platform for commercial purposes (“Buyer”), Section I. and II. shall be applicable to your use and access of the Platform and its Services thereof.

If you (by itself or through your representatives) intend to offer your products for sale or are selling your products to Buyers through the Platform (“Seller”), Section I. and III. shall be applicable to your use and access of the Platform and its Services thereof.

1. GENERAL TERMS
   1. EFFECTIVE DATE

These Terms of Use shall come into force with effect from 0000 hours of 1st January.

1. 2. APPLICATION AND ACCEPTANCE OF THE TERMS
      1. Your use of the Platform and impexbee’s services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, The Product Listing Policy, The Infringement Policy, The Return Shipments Policy, The Undelivered Shipment Policy, Anti-Counterfeiting Policy and any other rules and policies of the Platform that impexbee may publish from time to time.
      2. You must read impexbee Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy. 
   3. PROVISION OF SERVICES
      1. You must register on the Platform in order to access and use the Services. Further, impexbee reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that impexbee may impose in its discretion. 
      2. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. impexbee disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
      3. User agrees and confirms that any Services provided to you by impexbee are on best efforts basis and impexbee may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
      4. User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.
      5. Impexbee may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with impexbee.

 

1. 4. USER ACCOUNTS AND VERIFICATION OF ACCOUNT
      1. Except with impexbee’s approval, one User may only register one account on the Platform. impexbee may cancel or terminate a User’s account if impexbee has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, impexbee may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
      2. A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Platform or by using the unique OTP will be deemed to have been authorised by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
      3. When you access the Platform you are electronically communicating with impexbee. impexbee may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from impexbee with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from impexbee. 
      4. While registering the User account on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, IEcode, GSTIN, PAN, TAN, Udyog Aadhar, address, phone number and/ or any other information that may be required by impexbee to provide in relation to your business. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, impexbee reserves its right to take appropriate steps as set forth under Clause 7 of these General Terms. For the purposes of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.
   5. USERS GENERALLY
      1. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with impexbee, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
      2. impexbee may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that impexbee has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
      3. You agree not to undertake any action which may undermine the integrity of impexbee’s feedback system.
      4. By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to impexbee or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to impexbee to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to impexbee that you have all the rights, power and authority necessary to grant the above license.
      5. User agrees, undertakes, and confirms that User’s use of Platform shall be strictly governed by the following binding principles:
         1. User shall not host, display, upload, modify, publish, transmit, store, update or share any information which:
            1. belongs to another person and to which User does not have any right to;
            2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or otherwise inconsistent with or contrary to the laws in force;
            3. is misleading in any way;
            4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, 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", or unsolicited mass mailing or "spamming" or messages using impexbee’s communication Platform;
            7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
            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, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
            10. contains restricted or password-only access pages, or 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, or providing or creating computer viruses;
            13. contains video, photographs, or images of another person (with a minor or an adult);
            14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
            15. engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, impexbee's prior written consent means a communication coming from impexbee's Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
            16. solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
            17. interferes with another user’s use and enjoyment of the Platform or enjoyment of any similar Services;
            18. refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
            19. harm minors in any way;
            20. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
            21. violates any law for the time being in force;
            22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
            23. impersonate another person;
            24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
            26. shall not be false, inaccurate or misleading;
            27. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
            28. shall not create liability for impexbee or cause impexbee to lose (in whole or in part) the Services of our internet service provider ("ISPs") or other suppliers.
            29. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
         2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content on the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. impexbee reserves its right to bar any such activity.
         3. You shall not make any defamatory or denigrating statement(s) about impexbee, or our brand name or domain name used by impexbee including the terms impexbee, impexbee Express, impexbee.com, or otherwise act in any manner that might tarnish the reputation or standing, of impexbee or Users on the Platform or otherwise tarnish or dilute any of impexbee’s trademarks, service marks, trading name, or the goodwill associated with them.
         4. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time.
         5. User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
         6. Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other User, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.
         7. Each User agrees to indemnify impexbee, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the Platform or Services; (iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any service availed by you from a third party service provider using any dispute inter-se Users; and/or (vi) your negligence or wilful misconduct.
      6. Each User shall at all times, adhere to our Code of Conduct available at https://impexbee.com/pages/code-of-conduct/md, while discharging its obligations under the Terms.
   6. BREACHES AND SUSPENSION
      1. If any User breaches any Terms, or if impexbee has reasonable grounds to believe that a User is in breach of any Terms, or could subject impexbee or its affiliates to liability, or is otherwise found inappropriate or unlawful in impexbee’s opinion, impexbee shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
         1. suspending or terminating the User’s account and any and all accounts determined to be related to such account by impexbee in its discretion;
         2. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
         3. removing any product listings or other User Content that the User has submitted, posted or displayed;
         4. any other corrective actions, discipline or penalties as impexbee may deem necessary or appropriate in its sole discretion.
      2. impexbee does not pre-screen any content or information posted, published or transmitted on the Platform by the users and impexbee is under no obligation to pre-screen any such content or information. However, impexbee may at its discretion and/or in accordance with applicable law may voluntarily take down any content or information posted by you on the Platform and if impexbee determines that any content or information is in violation of these Terms, impexbee may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute impexbee’s position as an intermediary or impose any liability on impexbee with respect to content or information posted, published or transmitted by users on the Platform.
      3. Notwithstanding anything contained herein these Terms, impexbee may with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform etc.
      4. In the event a User becomes inactive or if no transaction is noticed by impexbee, in such a case impexbee reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.
      5. impexbee reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, impexbee may disclose the User's identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.

 

1. 7. TRANSACTIONS BETWEEN BUYER AND SELLER
      1. impexbee is merely 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 on the Platform.
      2. When a product is listed for sale on the Platform by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller. Buyer agrees that impexbee cannot and does not confirm each Seller’s purported identity. impexbee encourages Buyers to exercise discretion and caution while dealing with various Sellers.
      3. User further acknowledges and undertakes that it shall use the Platform or Services only for its lawful business purposes. Buyer agrees to purchase the products from the Seller for further resale or commercial purpose and shall not use the products purchased for your personal use or consumption.
      4. For any Services, impexbee does not represent either the Seller or the Buyer in specific transactions. impexbee does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. impexbee does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with impexbee nor shall impexbee have any obligations or liabilities in respect of any transactions on the Platform.
      5. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
      6. impexbee shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. impexbee shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products or any third party that is rendering services to you.
      7. In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify impexbee (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from impexbee site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third party.
      8. We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Seller and the Buyer.
      9. The User(s) shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.

 

1. 8. LIMITATION OF LIABILITY AND INDEMNITY
      1. To the maximum extent permitted by law, the Services provided by impexbee on or through the Platform are provided "as is", "as available" and “with all faults” , and impexbee hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
      2. To the maximum extent permitted by law, impexbee makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; impexbee does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the platform does not violate any third party rights; and impexbee makes no representations or warranties of any kind concerning any product or service offered or displayed on the platform. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of impexbee for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.
      3. Under no circumstances will impexbee be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if impexbee has been advised of the possibility of such damages. 
   9. FORCE MAJEURE
      1. Under no circumstances shall impexbee be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.
   10. INTELLECTUAL PROPERTY RIGHTS
       1. impexbee is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with impexbee or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by impexbee are hereby reserved.
       2. "impexbee" and any other related icons and logos are registered trademarks in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. 
       3. impexbee may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “impexbee” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by impexbee.
       4. All text, graphics, photographs, trademarks, logos, and artwork available or accessible on the Platform are third party user generated content and impexbee has no control over such third-party user generated content as impexbee is merely an intermediary for the purposes of these Terms.
       5. You shall be solely responsible for any content or information posted or transmitted on the Platform and shall indemnify impexbee against any claim or liability arising from any content or information posted or transmitted by You on the Platform. Any content or information such as but not limited to images, text, videos posted or transmitted on the Platform shall be licenced to impexbee by the User uploading such content and impexbee shall have the worldwide, fully paid-up, perpetual and transferable licence in such content or information for the purposes of its use on the Platform and for any purposes impexbee deems fit. You shall not be entitled to any payment or compensation for any usage of the content by impexbee.
   11. NOTICES
       1. All legal notices or demands to or upon impexbee shall be made in writing and sent to impexbee personally, by courier, certified mail, or facsimile to the following entity and address: Impexbee – Mumbai 400050, Attn: Legal Department. The notices shall be effective when they are received by impexbee in any of the above-mentioned manner.
       2. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to impexbee, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as impexbee may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) impexbee is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon impexbee posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.
   12. MISCELLANEOUS PROVISIONS
       1. Unless otherwise communicated to you by impexbee, the Terms (including its sections as may be applicable to the Seller or Buyer) constitute the entire agreement between User and impexbee and govern the User’s use of the Platform and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Platform and any of the Services.
       2. Unless stated otherwise, we will be your one stop solution for all the services (except credit) on the Platform with effect from 00:00 hours on 1st January 2022 (“Cut-Off Date”), and any new transactions on the Platform shall be governed by these Terms. It is clarified that, any transaction made by you on the Platform before the Cut-Off Date  shall be governed by your arrangements with the relevant parties (i.e., third party service providers) as existing prior to the Cut Off Date. The erstwhile terms of use are available here.
       3. impexbee and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.
       4. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
       5. impexbee’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of impexbee’s right to act with respect to subsequent or similar breaches.
       6. impexbee shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of impexbee). User may not assign, in whole or part, the Terms to any third party or person.
       7. The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
   13. GRIEVANCE MECHANISM
       1. The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer at the contact details mentioned in 13(B). We will endeavour to resolve your grievances and concerns within timelines as mentioned under applicable laws.
       2. GRIEVANCE OFFICER

 

Grievance Officer, Impexbee, Mumbai
Phone: +91-8983374363
Email:grievance-officer@impexbee.com
Time: Mon - Sat (10:00 AM - 07:00 PM)

2. BUYER TERMS

The provisions of this section II shall be applicable only to Buyer(s). These Buyer Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Buyer Terms, the provisions of Buyer Terms shall supersede and prevail.

1. 1. DEFINITIONS

For the purposes of this Section, the following capitalised terms shall have the following meaning:

• “Buyer” shall have the meaning as ascribed under the General Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Buyer.
• “Consignee” shall mean the Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported.
• “Dangerous Goods” includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.
• “Delivery Note” shall mean the waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address and contact number (if applicable) of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).
• “Logistics Services” means the shipping, delivery, including cash on delivery (“COD”) and other allied services provided by us to you pursuant to these Buyer Terms.
• “Order(s)” shall mean order placed by Buyer for purchasing Products from the Seller on the Platform.
• “Order Detail(s)” shall mean the details relating to the Order, including without limitation, the description of Products, details of the Seller and the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number (AWB number) etc.
• “Product(s)” shall mean goods of any categories (other than Dangerous Goods).
• “Shipment(s) / Consignment(s)” means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.
  2. BUYER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES
     • You represent, warrant and agree that:
       1. you are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;
       2. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;
       3. you will use the Platform and Services for business purposes only;
       4. you will not use or access the Platform for your personal purposes and any Products that you purchase shall be for commercial purposes and not for personal consumption;
       5. the address you provide when registering your account on the Platform is the Buyer place of business of your business entity;
       6. your business is validly existing and incorporated / established as per the provisions of applicable laws;
       7. you shall comply with all applicable laws while using and accessing the Platform;
       8. you and Products or services provided by you on the Platform (if any) comply with applicable laws;
       1. you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;
       10. any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.

1. 1. 1. Buyer will be required to provide information or material about Buyer’s entity, its business, services or products as part of the registration process on the Platform or your use of any Service or the Buyer account and such information may be required to be furnished by impexbee from time to time. Buyer represents, warrants and agrees that:
         1. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete; and
         2. Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
      2. Buyer may be required to promptly furnish additional documents or information as and when requested by impexbee to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing impexbee reserves its right to take appropriate measures as set out under Clause 7 (Breaches and Suspension) of the General Terms.
      3. Buyer consents to the inclusion of the contact information about Buyer in impexbee’s database and usage of the same as per impexbee’s privacy policy. 

LIMITATION OF LIABILITY AND INDEMNITY

We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.

1. 3. SELLER TERMS

The provision of this Section III shall be applicable only to a Seller(s). These Seller Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Seller Terms, the terms of Seller Terms shall supersede and prevail.

1. 1. 0. DEFINITIONS

For the purposes of this Section, the following capitalised terms shall have the following meaning:

• • • • “Dangerous Goods” includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.

1. 1. 1. 1. “Delivery Note” shall mean the waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address and contact number (if applicable) of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).
         2. “Order(s)” shall mean order placed by Buyer for purchasing Products from the Seller on the Platform.
         3. “Payment and Settlement Services” shall mean remittance and settlement of any and all payments collected by impexbee from the Buyer or third party paying on behalf of the Buyer, pursuant to an order placed by a Buyer on the Platform, to the designated bank accounts of the Seller or any third party upon receipt of instructions from the Seller.
         4. “Product(s)” shall mean goods of any categories (other than Dangerous Goods).
         5.  “Seller” shall have the meaning ascribed to it under the General Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Seller.
         6. “Shipment(s) / Consignment(s)” means all products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.
         7. “Standard Platform Services” shall mean the use and access of the Platform by the Seller, which includes but not limited to creation, display and updating of product listings and subsequent sale transaction by the Seller to the Buyer, in accordance with these Seller Terms and General Terms.
      1. SELLER’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
         • You represent, warrant and agree that:
           • you are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;

1. 1. 1. 1. 1. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;
            2. you shall use the Platform and Services for business purposes only;
            3. you will not use or access the Platform for your personal purposes and any Products that you may sell are for commercial purposes and not for personal consumption;
            4. the address you provide when registering your account on the Platform is the Seller place of business of your business entity;
            5. your business is validly existing and incorporated / established as per the provisions of applicable laws;
            6. you shall comply with all applicable laws while using and accessing the Platform;
            7. you and Products or services provided by you on the Platform (if any) comply with applicable laws;
            8. you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;
            1. any User Content that Seller submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
            10. you have the right and authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the Products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights;
            11. the description and particulars of the Consignment (including but not limited to the weight, content, measure, quality, condition, marks, numbers, and value) are complete and accurate with all laws, regulations, and requirements that may be applicable;
            50. all information provided by you or person acting on your behalf relating to the Shipment(s) are complete and accurate;
            1000. the Shipment(s) are properly and sufficiently prepared, packed, stowed, labelled, and/or marked;
            14. the Shipment(s) are packed in a manner adequate to withstand normal handling or storing while transporting;
            15. the Shipment(s) are in compliance with all laws, regulations, and requirements as may be applicable.

1. 1. 1. 1. Seller will be required to provide information or material about Seller’s entity, its business or Products/services as part of the registration process on the Platform or your use of any Service or the Seller account. Seller represents, warrants and agrees that:
            • such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete; and

1. 1. 1. 1. 1. Seller will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
         2. Seller may be required to furnish additional documents or information about products/ services that the Seller may offer for sale on the Platform in order to authenticate that the Products offered for sale are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. Seller agrees to promptly provide such additional documents and information, failing impexbee reserves its right to take appropriate measures as set out under Clause 7 of the General Terms.
         3. Seller consents to the inclusion of the contact information about Seller in impexbee’s database and usage of the same as per Privacy Policy. 
         4. Seller shall comply with the packaging guidelines as communicated to the Seller by impexbee from time to time. The said packaging guidelines can be accessed here. 
         5. For delivery of Shipments, Seller hereby authorizes us to carry out the administrative task of printing Delivery Note containing information with respect to Shipment on its behalf. The Seller agrees to be solely responsible for any discrepancy or error in the details mentioned on such Delivery Note and agrees to indemnify us against any such losses or claims.
         6. Seller shall ensure that the Consignment does not contain any letter of communication which will infringe the Indian Postal Act, 1983 or any other applicable laws.
         7. If more than one Consignment is booked to the same Buyer, Seller must ensure that the full address of the Buyer is written on all the Consignments.
         8. Seller shall not enclose cash, digital currency, high value gift articles, share certificates, travel documents, Dangerous Goods, explosives, firearms, cattle, or any other product that is prohibited by applicable laws, in the Shipment. If Dangerous Goods or any goods that are prohibited by applicable laws are found in the Shipment which constitute a risk to other goods, property, life or health, such Shipment may without notice be destroyed or otherwise dealt with at our sole discretion and at your risk and expense. In this regard, you shall, at all times, fully indemnify us and hold us harmless against all penalties, claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising in connection with any such Products.
         9. Seller shall be solely responsible to declare the accurate value of the Consignment.
         10. Seller shall ensure that all the Consignments are provided to us before the specified cut-off-time specified by us for on time delivery with all the proper documents (in accordance with applicable laws including but not limited to applicable central, state, integrated, or Union Territory goods & services tax laws (GST)) required to ship the Shipments. GST on the Products contained in Shipments and all applicable statutory tax compliances shall be your sole responsibility and we shall not be responsible for any losses, damages resulting from any such non-compliances.
         11. Seller shall be solely responsible to raise invoices directly on the Buyer for Products sold by the Seller to the Buyer. In the event any penalty is levied by any governmental or regulatory authority on us due to Seller’s non-compliance of applicable laws, including without limitation, non-availability of invoices with the Consignments etc., Seller agrees to indemnify us, in this regard for all costs, losses, liabilities, penalties or expenses that we may have to incur. We shall not assume any liability for Seller’s failure to comply with this clause.

 

1. 1. 2. LIMITATION OF LIABILITY AND INDEMNITY
         • We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature or description of the Shipment; (f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour; (g) explosion, fire, flood or storm; (h) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; (i) any loss, miss-delivery, delay or damage to any Shipment; and/or (j) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.

1. 1. 1. 1. Each Seller agrees to indemnify impexbee, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the Platform or any of the Services;(iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any of the service availed by you from a third party service provider using the Platform; (v) any liability or defect in the Products offered/ listed for sale on the Platform; (vi) your negligence or wilful misconduct; (vii) any sale or offer of sale of counterfeit or fake Products on the Platform or any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the Products; (viii) any alleged or actual personal injury, death or property damage suffered by impexbee arising from the supply or sale of Products by Seller; and/or (ix) any claim by a third Party or Buyer made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of Products.