Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder 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) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.OdishaEStore.com website.
Your use of the OdishaEStore website {including www.OdishaEStore.com including mobile application (hereinafter collectively referred to as the "Website") and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of Odisha E Store Infotek and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours, Indian Standard Time 26th September, 2011 ("User Agreement"). OdishaEStore.com is an internet E-commerce based portal operated by Odisha E Store Infotek; a proprietor firm having its registered office at Odisha E Store Infotek, Nayabazar, Nuapada, Cuttack, Odisha, India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so requires, '"You", "Your" shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User / Guest User using the digital systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become a Registered User or has been identified as Guest User by providing phone number and email id. Further, reference to "we", "us", "our" and "OdishaEStore" shall mean Odisha E Store Infotek (OdishaEStore.com) and includes its associates, affiliates and subsidiary (ies).

The use of the Website is offered to you conditioned upon Your 'Acceptance' of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by OdishaEStore at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being documented concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action by in clicking on the 'check box' and on the 'continue' button' as provided on the registration page or clicking on 'Buy Now' button while transacting as a Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance to the present electronic document. You hereby further agree that this User Agreement is being concluded and executed at Gurugram. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please doyou may choose to not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and not seek to obtain access to or otherwise use the Website.

Amendments:
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice/intimation to you. It is Your responsibility to review this User Agreement periodically for any updates / changes. Your continued use of the Website following subsequent to the posting of updates/changes shall mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting this User Agreement, you also accept and agree to be bound by OdishaEStore.com Rules Policies and Policies Rules as provided from time to time in the following hyperlinks:
1. OdishaEStore.com Terms & Conditions.
2. OdishaEStore.com Privacy Policy.

1. Membership Eligibility
Use of the Website is available only to persons who can perform legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website except through Your legal guardian or parents who have registered as users on the Website or can use the Website as a Guest User. OdishaEStore.com reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business/legal entity to this User Agreement.

Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, Buyer will not be eligible for Clues Bucks and all other benefits that are not assignable to a non-registered user.

2. Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a Guest User, you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of Your device, the details of which are used to transact services with OdishaEStore.com. You agree, inter alia, to:

Provide true, accurate, current and complete information about yourself as prompted by OdishaEStore.com's registration form or provided by You as a Guest User (such information being the "Registration Data")
You must include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User; and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
Ensure that You exit from Your account at the end of each session.


If  you provide any information that is untrue, inaccurate, not current or incomplete, or OdishaEStore.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. OdishaEStore.com has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website. OdishaEStore.com shall not be liable for any loss or damage arising from Your failure to comply with this Clause 2.

3. Electronic Execution and Communications
When You use the Website or send emails or other data, information or communication to OdishaEStore.com, You agree and understand that You are communicating with OdishaEStore.com through electronic records. You consent to receive communications from us electronically. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website. We will communicate with You by email or by posting notices on the Website or through any other OdishaEStore services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing.

4. Fees and Services
Membership on the Website is free. Being an Intermediary under the Information Technology Act, OdishaEStore.com does not charge any fee for browsing and buying on the Website. However, before You list an item for sale through the Website, we request You to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. OdishaEStore.com reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Odisha E Store Infotek within such time as specified in the invoice.

4.1. Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear all and any applicable taxes, charges, cess etc. levied thereon in accordance with the Law or Government Regulations for the time being in force.

4.2. Non-payment: OdishaEStore.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to OdishaEStore.com. OdishaEStore.com also reserves the right to take legal action in case of non- payment of fees.

5. Use of the Website
5.1. You understand and agree that OdishaEStore and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. OdishaEStore.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. OdishaEStore.com has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and OdishaEStore shall not be held liable for any loss suffered by you based on your reliance on or use of such data/content.

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

5.2.1. "Your Information” is defined as any information You provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for Your online distribution and publication of Your Information.

5.2.2. Your Information (or any items listed): Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediary computer resources, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resources of Intermediary and remove non-compliant information.

5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

belongs to another person and to which You do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, 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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person/entity;
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;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, 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. Without prejudice to the generality of the above, OdishaEStore.com does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items under General Policies and Rules which can be accessed at //www.OdishaEStore.com/policies-and-rules.htmlshall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, The Indecent Representation of Women (Prohibition) Act, 1986, Information Technology Act 2000 as amended from time to time and rules there under;
are identical to other items You have up for auction but are priced lower than Your item's price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a Website other than the Website;


5.2.4. OdishaEStore.com shall have the right to use Your Information as provided by You and such usage of Your information by us will not amount to violation of any rights You might have in Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. OdishaEStore.com will only use Your Information in accordance with the User Agreement and OdishaEStore.com's Privacy Policy.

5.2.5. You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

5.2.6. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform OdishaEStore.com of the same at [email protected].

5.2.7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of our service and Your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Exchange Control Laws or Regulations for the time being in force. In particular You shall ensure that if any of Your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972 ("Artwork"), You shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of said Act, and shall ensure that it is not delivered to the Buyer (as defined under the Buying section) at any place outside India.

5.2.8. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.

5.2.9. From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be correct and accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It may be is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It may also possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve such unauthorized use, but by using the Website, You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

5.2.10. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to OdishaEStore.com as detailed and agreed in MOU signed by Merchants/Sellers.
5.2.11 You agree that You or any of your affiliates, Subsidiaries, associate partners to your knowledge, any of your officers , directors or employees or vendors have not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable Indian law including anti- bribery and anti- corruption laws and other laws (for eg. U.S Foreign Corrupt Practices Act and the U.K Bribery Act 2010), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or any other economic benefit in cash or kind or thing of value to or from any employee, official or agent of any employee, official or agent of any Governmental Authority where such an activity amounts to be illegal and in violation of applicable laws. If You have reasonable suspicion of the existence of such conduct, You shall immediately inform OdishaEStore of such knowledge and if requested by OdishaEStore, provide to OdishaEStore such information it may reasonably require regarding such conduct. OdishaEStore shall also have the right to audit periodically merchant/sellers, if need be in compliance of the above. OdishaEStore shall upon knowledge of such activities have the right to suspend or terminate the services without prior written notice should it become aware of a breach by the User of the representation and warranty given hereinabove.

6. Platform for Communication
OdishaEStore.COM's ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL OdishaEStore' HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL OdishaEStore.COM HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTERESTs IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.

6.1. OdishaEStore.com does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) proposed to be sold or offered to be sold or purchased on the website or any linked sites. OdishaEStore.com makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer's own risk. The products shall be subject to Seller's terms and conditions for warranty, service and maintenance, and OdishaEStore.com does not accept any responsibility for the same. OdishaEStore.com also does not accept any responsibility for the usage of the products by the Buyer.

6.2 OdishaEStore.com specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and OdishaEStore.com shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.

6.3 All commercial / contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services.