Terms & Conditions for use of MARKET PLACE on www.itsmytime.co.in
Last Updated on 1st MARCH 2021
By using these services, you agree that you have read and understood these Terms and you agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE “I AGREE” BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICES. You expressly represent and warrant that you will not avail the services if you do not understand, agree to become a party to, and abide by all of the Terms specified below. Any violation of these Terms may result in legal liability upon you. Nothing in these Terms should be construed as conferring any rights to any third party or any other person. YOUR USE OF THE WEBSITE AND ITS SERVICES MEANS YOU ARE CONSENTING TO THIS AGREEMENT AND THE ASSOCIATED AGREEMENTS AS LISTED HERE UNDER: Sell Products or Services
It’s My Time Seller Terms and Conditions Agreement
Buy Products or Services It’s My Time Buyer Terms and Conditions Agreement
It is recommended that all users, before using the Market Place on www.itsmytime.co.in, read carefully all agreements and make sure they understand them, because they contain their rights and obligations. These Terms and Conditions are intended to define the conditions under which It’s My Time, directly or via a partner website, allows users to access and browse the Site, provides the User services allowing them to sell or buy these products directly and offers products for sale to users. Users will be asked to accept the terms and conditions when they buy or sell on the Website and in particular when creating an account, regardless of whether or not the realization of a Transaction on the Site. If a user does not agree to the Terms, he or she neither can access any product or to register, nor pass any order on the Site. The Website and its services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name. You may not impersonate any other participant or use another participant’s password(s). Any such fraudulent conduct may be reported to law enforcement, and It’s My Time will cooperate to ensure that violators are prosecuted to the fullest extent of the law. The Agreement is published in compliance with; and is governed by the provisions of Indian law, including but limited to: (i) the Indian Contract Act, 1872, (ii) the (Indian) Information Technology Act, 2000 and (iii) the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”). DEFINITION Unless otherwise defined in the Agreement, the following terms shall have the meaning set out as follows:
- “Buyer” shall mean a person who is registered as a user to access the Website and buys a Product from the Website.
- “Seller” shall mean any individual, organization, business entity; or a company registered under the Companies Act, 1956 or the Companies Act, 2013.
- Use of this Website to list your Products is available only to persons who can form legally binding contracts under the applicable laws. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including undischarged insolvents, etc. are not eligible to list their Products on this Website.
- If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. It’s My Time reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to It’s My Time’ notice or if it is discovered that you are under the age of 18 (eighteen) years.
ACCOUNT REGISTRATION AND YOUR INFORMATION If you use the Website, you shall be responsible for maintaining the confidentiality of your display name and password. You shall be responsible for all the activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website. You are solely responsible for the information you provide, and in accordance with certain features of the Website we may only act as a passive conduit for online distribution and publication of any information you provide.
LISTING OF PRODUCTS
This Agreement governs the Products and services that are offered by It’s My Time to the User. It’s My Time authorizes the User to view and access the content available on the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Products, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the services (“Service Content”), are the properties of It’s My Time and are protected under copyright, trademark and other laws. User shall not modify the Service Content or reproduce, display, publicly perform, distribute, or otherwise use the Service Content in any way for any public or commercial purpose or for personal gain.
- You, the User, are solely responsible for the way anyone you have authorized to use the Website and for ensuring that all of such Users comply with all of the Terms. Any violation of the Terms by any such User shall be deemed to be a violation thereof by you.
- Multiple Users are not permitted to share the same/single log-in.
- You agree that any information you give to It’s My Time will always be true, accurate, correct, complete and up to date, to the best of your knowledge. Any phone number used to register with the Website shall be registered in your name and you might be asked to provide supporting documents to prove the same.
- You agree that you will not use the Website for any unauthorized and unlawful purpose.
- You will not impersonate another person.
- You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
- You agree not to access (or attempt to access) Website by any means other than through the interface that is provided by It’s My Time, unless you have been specifically allowed to do so in a separate agreement with It’s My Time.
- You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). You agree that you are solely responsible for (and that It’s My Time has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which It’s My Time may suffer) of any such breach.
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Website. It’s My Time 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 the Buyers and Sellers.
- It’s My Time is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. It’s My Time cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. It’s My Time shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- It’s My Time does not at any point of time during any transaction between the Buyer and the Seller on the Website come into or take possession of any of the Products offered by Seller nor does it at any point gain title to or have any rights or claims over the Products offered by Seller to Buyer.
- At no time shall It’s My Time hold any right, title or interest over the Products nor shall It’s My Time have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell Products or services. It’s My Time is only providing a platform for communication and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the Seller and the Buyer.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that you transact with.
CODE OF CONDUCT
You are solely responsible for all descriptions, information, data, text, software, music, sound, graphics, video, messages or other materials that you upload, post, publish or display or otherwise transmit via the Website, and for all items that you purchase via the Website. The following are examples of the kind of items, content and/or use that is illegal or prohibited by It’s My Time. It’s My Time reserves the right to investigate and take appropriate legal action against anyone who, in It’s My Time’ sole discretion, violates this provision, including without limitation, removing the offending items or content from the Website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Website to:
- sell, post or otherwise transmit any item or content that
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- solicit personal information from anyone under the age of 18
- harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
- advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Website
- violate any applicable local, state, national or international law, or any regulations having the force of law
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.
It’s My Time may, at its sole discretion take penal actions or institute legal proceedings against the User or anyone who is responsible, due to fraud or negligence, or for any claim arising out of or in connection with authenticity of the Products or any loss caused thereby.
ERRORS AND INACCURACIES
While our goal is to provide complete, accurate, up-to-date information on our Websites, it is not possible to ensure that any website is completely free of human or technological errors. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. These Websites may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice, including inaccurate or erroneous prices. In the event of a pricing error discovered after an order has already been placed, we will notify you of the error and we will do our best to work with you to reach a mutually acceptable solution. We do, however, reserve the right to cancel the order and notify you of such cancellation. You also have the right to cancel the order in the event of a pricing error. If the order is cancelled by us, then you may replace the order at the corrected price. We sincerely apologize for any inconvenience this may cause.
TITLE TO THE PRODUCT
Title to and ownership in the Product will remain with the Seller until a Product Sale, (as defined). A “Product Sale” shall be deemed to have occurred when the Buyer has made the payment for the Product and the Product has been delivered to the Buyer and until the expiry of 2 (two) days thereafter unless returned by the Buyer for any reason whatsoever.
Upon the confirmation of any purchase and sale transaction through the Website and payment of the required amount by the Buyer, the Seller will ship the product to the buyer. The Seller has to submit the AWB of the courier company and after ascertaining the receipt of the product, the Buyer will have 2 (two) days from the date of delivery to confirm appropriate receipt. Upon receipt of confirmation from the Buyer that it has satisfactorily received and accepted the purchased Product, It’s My Time will credit Seller’s account in an amount equal to the purchase price received from the Buyer, subject to deductions as may be notified by It’s My Time . The Buyer must confirm its acceptance within 2 (two) days after receipt of the purchased Product and if the Buyer does not respond within such time period, the Product will be deemed accepted. This Clause will stand as it is irrespective of any signatures provided on a courier form.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (i) Lack of authorization for any transaction (ii) Exceeding the pre-set limit mutually agreed by you and between your bank (iii)Any payment issues arising out of the transaction or (iv) Decline of transaction for any other reason/s
- All payments made against the purchases of the Products on the Website by you shall be made in Indian currency (“Indian Rupees”) acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
- The price displayed on the Website shall be the final price of the Products and if the Seller so requests, It’s My Time shall have all the rights to change the price without prior notice to the Buyer before the transaction.
- Before the seller ships/delivers your order to you, It’s My Time may request you to provide supporting documents to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
- Transactions, transaction price and all commercial terms such as delivery, dispatch of Products and/or services on the Website are as per principal to principal bipartite contractual obligations between Buyer and seller and It’s My Time and payment facility is merely used by the buyer and It’s My Time to facilitate the completion of the transaction. Use of the payment facility shall not render It’s My Time liable or responsible for the 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.
- You understand, accept and agree that the payment facility provided by It’s My Time is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment allowing payment for transactions on the Website by the payment options provided therein.
- You have specifically authorized It’s My Time or its service providers to collect, process, facilitate and remit payments and/or the transaction price ‘electronically’ to and from other Users in respect of transactions through payment facility. Your relationship with It’s My Time is on a principal to principal basis and by accepting these Terms, you agree that It’s My Time is an independent contractor for all purposes, and does not have control of or liability for the Products that are listed on the Website that are paid for by using the payment facility.
- The Buyer and It’s My Time acknowledge that It’s My Time will not be liable for any damages, interests or claims resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond the control of It’s My Time.
- Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. It’s My Time is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
- All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.
CANCELLATION AND REPLACEMENT/RETURN OF ORDER Cancellation by It’s My Time
There may be certain orders that we are unable to accept and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include without limitation inaccuracies or errors in product, error in pricing information, and/or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. In the event that your order is cancelled after your credit card or any other payment instrument has been charged, the said amount will be reversed back in your account.
Cancellations by the User
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. The Buyer shall make a request for cancellation of order, within 24 (twenty four) hours of making the order or before the Seller ships the order, for it to be a valid request. In case the cancellation request is made after 24 hours or shipping, It’s My Time shall have the full right to decide on the refunds based returned packaging condition and other parameters to ensure that the product is not damaged in anyway and is in a sellable condition. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
Returns and Exchanges
- It’s My Time will not be liable to replace any Products and the liability to replace any such Products is that of the Seller. It’s My Time and the Buyer acknowledge that the Products purchased/used are not subject to any It’s My Time warranties.
- The Buyer/User acknowledges that any claim for replacement/return must be made within 2 (two) days of the delivery of the Product and any claim/request for replacement/return beyond the period of 2 (two) days shall not be accepted.
- The Buyer/User hereby acknowledges that any or all claims in relation to returns and replacement are made to the concerned Seller and It’s My Time is merely facilitating the transaction. It’s My Time may assist the customer in lodging a complaint with the Seller to get the Product replaced or serviced.
- User shall not tamper with the Product before Product Sale or during any procedure of cancellation and replacement/return.
- In case of cancellation before shipment, we process the refund within a week.
- In case of cancellation once the shipment has already been dispatched or if it is being returned, we process the refund once the products have been received and verified by the seller.
- For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 10 days of us receiving the products back. It may take 3-5 additional days for the amount to reflect in user’s bank account.
INTELLECTUAL PROPERTY RIGHTS
The It’s My Time name is the trademark and service mark of It’s My Time (the “It’s My Time Trademarks”). Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to It’s My Time. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of It’s My Time Trademarks displayed on the Website, without It’s My Time’ prior written permission in each instance. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content including It’s My Time Trademarks available on or through the Website for commercial or public purposes. It’s My Time will not be liable for any claim against any logo or intellectual property rights of any third party in relation to the brands of the Products listed on the Website and any such infringing content may be removed by It’s My Time at its sole discretion.
LIABILITY AND EXCLUSION OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. It’s My Time shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any action taken by It’s My Time, where the User has consented for the same. It’s My Time does not warrant, endorse, guarantee, or assume responsibility for any Product or service advertised or offered by you through the Website or any hyperlinked website or featured in any banner or other advertising, and It’s My Time will not be a party to or in any way be responsible for monitoring any transaction between you and Sellers and/or third-party providers of Products or services. All the Products listed on the Website shall be on an “as is” basis and It’s My Time shall not provide any warranties to you in respect of any Product listed on the Website. You are advised to independently verify the bona fides of any particular Products that you choose to buy or transact with on the Website and use your best judgment in that behalf. You shall check and confirm the colour/model/version and any other such particulars of the Products before placing the order. It’s My Time accepts no liability for any errors or omissions, whether on behalf of itself or third parties. It’s My Time does not verify any content or information provided by Users and to the fullest extent permitted by law disclaims all liability and/or claims arising out of the User’s use or reliance upon the services. For abundant clarity, It’s My Time shall not be liable for issues that may arise including but not limited to manufacturing defects or any other defects in relation to the Products sold. For any issues in relation to the Products sold, the Buyer shall only contact the particular Seller and only the concerned Seller will be liable for any such claims arising out of or in connection to the Products listed by him.
The User agrees to indemnify and hold harmless It’s My Time, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of service on the Website, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. It’s My Time will notify the User promptly of any such claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to provide It’s My Time with reasonable assistance, at his expense, in defending any such claim, loss, liability, damage, or cost.
TERM AND TERMINATION
This Agreement may be in force until terminated as per this Clause 16. The User acknowledges and agrees that It’s My Time, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate the Users account, block the Users e-mail or IP address, or otherwise terminate access to or use of the service (or any part thereof) immediately for any reason or with no reason at all, including, without limitation, if It’s My Time believes that the User has violated these Terms It’s My Time reserves the right to terminate any account in case: (i) A User breaches any terms and conditions of these Terms (ii) It’s My Time believes in its sole discretion that a User’s actions may cause legal liability for such User, other Users or for It’s My Time or are contrary to the Terms. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the services under the same account, a different account or re-register under a new account, unless explicitly permitted by It’s My Time.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by It’s My Time without restriction. Any assignment or transfer by you shall be null and void.
GOVERNING LAW AND DISPUTES
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Bengaluru shall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Website.
The parties shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
INDIRECT AND CONSEQUENTIAL LOSSES
Save as expressly provided otherwise in this Agreement, neither party shall be liable under or in connection with this Agreement for any loss of income, loss of profits or loss of contracts, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and It’s My Time and you shall have no authority to bind It’s My Time in any manner whatsoever.