Terms of service

 

1. General

This document is an electronic record in terms of Information Technology Act 2000 and rules 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 Terms of Use for access or usage of the Website www.ourbetterplanet.com hereinafter referred to as the Website which is owned and operated by Our Better Planet Pvt. Ltd. hereinafter referred to as the Company, having its offices at No 21, Ferns City, Doddenakundi, Bangalore, Karnataka 560037; where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

For the purpose of these Terms of Use Terms, wherever the context so requires, the term You & User, shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act 1872.

You where the context relates to Business User, and Business User means any legal person or business entity, as the case may be, looking to access or use the services provided on this Website for business purposes, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act 1872.

The terms we, us, our shall mean the Website and/or the Company, as the context so requires.

The term Services shall mean the business of providing a portal for Users to buy sustainable, eco-friendly, hand-crafted, recycled and upcycled products, and for Business Users to sell their products on the portal.

The terms Party and Parties shall respectively be used to refer to the User/Business User and the Company individually and collectively, as the context so requires.

The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

The use of this Website by the User/Business User is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Website, You are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User/Business User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.

The User/Business User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User/Business User and the Company, and that the User/Business User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User/Business User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User/Business User, and that the User/Business User's act of visiting any part of the Website constitutes the User/Business User's full and final acceptance of these Terms and the aforementioned Policy.

The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User/Business User, and the User/Business User expressly agrees that any such amendments or modifications shall come into effect immediately. The User/Business User has a duty to periodically check the terms and stay updated on its requirements. If the User/Business User continues to use the Website following such a change, the User/Business User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User/Business User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website and the Services. If the User/Business User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.

 

2. Registration

To fully avail the Services of the Website and use of it, a one-time registration is required to create a profile, for both the User and Business User. You may access the Services by signing in as User by providing the following information which shall include but not be limited to Name, Profile Picture, Email and URL for Users. For Business Users, certain information is required as mentioned in a separate MoU to be signed between the Parties. The Website may request other optional information, but the same shall be clearly indicated to be optional in nature.

Registration for this Website is available only to those above the age of 18 years, barring those Incompetent to Contract which inter alia include insolvents. If you are a minor and wish to use the Website as a User, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Website or availing any of its Services. You shall not create more than one account and shall not create account(s) for any other User(s) or Business User(s) without their express consent and violation of this term shall entitle the Website to suspend or terminate your Account with Us.

Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your User/Business User username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

 

3. Service Overview

The Website is an e-commerce platform that lists sustainable, eco-friendly, handcrafted, recycled and upcycled products in India. Through the Website, Business Users can sell their sustainable products of different types and Users have a wide variety of products to choose from, which once purchased, will be shipped to their doors. Business Users can submit their products to the Website, and after verification, the Users can view and purchase the same through the platform, in accordance with the prices mentioned by the Business Users, with separate mention of shipping cost with appropriate deductions as sale commissions by the Website.

 

4. Eligibility

The User/Business User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act 1872. The User/Business User may not use the Website if they are not competent to contract under the Indian Contract Act 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

 

5. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions and artwork, collectively Content, is generated/provided or based on information provided by third parties, being the Users and Business Users. We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Website is subject to copyright and shall not be reused by any party or third party without the prior written consent of the Company and the copyright owner.

The Business User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided by the Business User on the Website. Whilst feedback and comments by Users shall be made via the Website, the Website bears no liability whatsoever for any feedback or comments made by the Users or Business Users in respect of any content on the Website. Further, the Website reserves its right to suspend the account of any Business User for an indefinite period, or to terminate the account of any Business User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue, inaccurate or misleading. The Business User shall be solely responsible for making good any financial or legal losses incurred through the creation, sharing or submission of Content deemed to be untrue, inaccurate or misleading.

The Users and Business Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website. Users and Business Users shall not copy, adapt, or modify any content without written permission of the Company.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.