TERMS AND CONDITIONS

Before accessing or using this Platform, please read these terms and conditions (“Terms”) (defined hereinafter). These Terms, together with the Platform’s Privacy Policy (“Privacy Policy”) and other policies (as may be notified/displayed/published on the Platform), form the contract between the Platform’s Users and the Company (collectively “Agreement”). Users agree to be governed by these Terms as posted on the Platform from time to time by using the Platform. 
 
1. About the Terms 

1.1 What is popbaani and who operates it? 
a. popbaani is an online marketplace (“Application”) where registered sellers (“Seller” and/or “Sellers”) can offer to sell their items to other registered users of the Application. 
 
b. Inkfeathers Private Limited operates the application and the website at www.popbaani.com (“Website”) (together, “Platform” and/or “Application” and/or “Company”). 
 
c. The Company’s involvement is restricted to operating the Application and related marketing, as well as supporting payment collections, fulfillment, order administration, inquiry management, and other incidental services to facilitate transactions between Sellers and Users (“Services”). 
 
1.2 When are these Terms applicable and binding on the User? 
 
a. The Agreement applies to everyone who visits or accesses any part of the Platform or uses the Services; these people are referred to as users, and they include browsers, Sellers, Merchants, and other buyers or contributors of content (collectively, “User”). 


b. The User-Company Agreement becomes effective on the date the Website is accessed/used and/or the terms of the Agreement are updated, resulting in a legally binding agreement between the User and the Company. 
 
1.3 Whether the terms of this Agreement can be modified? 
 
a. Users can access the most recent version of the Agreement on the Website at any time. By publishing updates or changes on the Platform, Company retains the right to unilaterally update, revise, or replace any part of the Agreement, and any amended sections of the Agreement shall become effective immediately after being posted on the Platform. 


b. The Users must review this page for modifications regularly. Following the publication of such changes, the Users’ continuing use of the Platform implies acceptance of those changes. 
 
1.4 What if the terms of the Agreement are not acceptable to the User? 
 
If the User does not agree with the provisions of the Agreement, it is recommended that the User not use the Platform. The user irreversibly acknowledges the Agreement and agrees to abide by it by accessing or using the platform (as updated from time to time). 
 
2. Account Registration, Suspension, and Termination 

2.1 For the use of Platform, is a user subject to any eligibility criteria? 
a. The Platform’s Services are available only to Users who are at least eighteen (18) years old and can establish legally binding contracts under the Indian Contract Act, 1872. 


b. If the Company is notified or discovers that the User does not meet the criteria hereof, the Company maintains the right to terminate the User’s account and/or prohibit access to the Platform. The user(s) who access or use the Platform represent and warrant that they have the legal right to do so. 
 
2.2 Are there any specific requirements for registering an account on the Platform? 

  1. When enrolling on the Platform, Users must provide a valid phone number. By registering, the User agrees to be contacted by the Company by phone calls, SMS notifications, instant messages, or other forms of communication, including for subscription/services/promotional updates, among other things. Users can ‘opt-out’ of such subscription/service/promotional updates by using the ‘opt out’ mechanisms offered or by contacting the support team.

  2. The Users must give accurate mobile phone numbers so that the Company can connect with them via SMS. If the Company sends an SMS but the Users do not get it because the Users’ phone number is inaccurate or blocked by the User’s service, the Users understand and accept that the Company is not responsible. 

  3. During the registration process, the User must supply accurate, current, and complete information, as well as update such information to maintain it correctly, current, and complete. 
     

2.3 Can a user account registered on the Platform be suspended or terminated? 

  1. The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application without notice, including blocking any amounts due to the User and associated account, and the Users will remain liable for all amounts due up to and including the date of termination, if: 

    1. Any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; and/or 

    2. The User is found to violate the Agreement. 

    3. In addition, if a violation of the Agreement results in a criminal or civil action, the Company may pursue such action at its sole discretion.

    4. Without limiting the Company’s rights set forth above, in the event of alleged fraud or another breach of this Agreement by User, the Company may (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties against the monies payable by Company to such User. 
       

2.4 What are the user obligations vis-à-vis its registered account on the Platform? 
 

  1. Having an account on the Platform lends credibility to the User’s conduct. It indicates that the user is completely responsible for all activities that occur under its account, and that all transactions conducted by that User are for bona fide sale or consumption in the course of their business. 

  2. Any activities carried out by a User under his or her account are solely the responsibility of that User, and the Company is not accountable in any way for such conduct. As a result, it is the User’s responsibility to treat the user identification code, password, and any other piece of information provided by the Company as secret and not to disclose it. 

  3. User understands and agrees that having an account on Platform confers no rights on Platform that have not been expressly granted by the Company and that the User has no ownership or other interest in the account. The User acknowledges that the Company owns and controls all rights in and to the account and that these rights will inure to the benefit of the Company in perpetuity. 

  4. Users may acquire a password-protected account and identification upon registration. The Users agree to: 

    1. keep their password secure, if applicable; and 

    2. accept full responsibility for all activity carried out by Users using their account to access the Application;

    3. immediately notify the Company of any unauthorized use of their account or any other violation of the Terms and Conditions. 
       

3. Placing Orders and Financial Terms 
 
3.1 How does order placement work on the Platform? 
 
a. The Application allows Users to place orders for the items listed by Sellers on the Application, and the Application facilitates the placement of orders for the products by the Users, subject to the terms of this Agreement. 
 
b. When the Company receives an order from a User, it will provide electronic confirmation of the order to the Seller and the User concerned. Furthermore, the Company may from time to time inform the User of the availability or unavailability of the order, as well as any price changes as notified by the relevant Seller. 
 
c. As a ‘marketplace,’ the Company does not own, sell, or resell any products and/or has no control over the Sellers; rather, it facilitates transactions between buyers and sellers, including User and Seller. The Company makes every reasonable effort to keep the Users’ accounts and other information up to date to help with transaction completion. As a result, for any purchases made on the Application, Users must supply current, complete, and correct purchase and account information. 
 
d. Additionally, the Seller shall be responsible for the fulfillment of orders to its end-Users. Any add-on service offered by the Platform in connection with such order shall be provided only as a Seller’s service provider. 
 
3.2 How are the commercial terms fixed on the Application? 
 
a. Sellers supply all commercial/contractual terms of sale, which are solely agreed upon by Sellers and Users. Price, date, length, and mode of delivery, as well as product guarantees, are all examples of commercial/contractual terms. The Company has no control over, nor does it determine, advise, or participate in the offering or acceptance of such commercial/contractual arrangements between the Sellers and the Users in any way. The Sellers, not the Company, are responsible for any discounts and offers. 
 
3.3 How does payment and settlement of payment work on the Platform? 


a. The Users understand and agree that the Company operates as a payment agent for the limited purpose of accepting payments on the Seller’s behalf. The Users understand, accept, and agree that the Company’s payment facility is not a banking or financial service, but rather a facilitator for transactions on the Application that uses a third-party payment processor. Furthermore, the Company is not acting as a trustee or in a fiduciary capacity concerning the transaction or the transaction price by offering a payment facility. The Company is not responsible for any charges imposed by the User’s bank in connection with the total payment. 
 
b. Information such as name, billing address, and credit card information may be required to be submitted to the Company or a third-party payment processor in conjunction with any order. If the Users are referred to a third-party payment processor, they may be subject to terms and conditions regulating the use of that third-service party’s as well as the third-data party’s collection activities. Before using the Application, users should read the terms and conditions as well as the Privacy Policy.  


3.4 Whether Company charges User(s) for services provided by the Company on the Platform? 
a. Platform services may involve payment of fees, the amount of which is exclusively at the Company’s discretion. 

b. The Company maintains the right to offer new fee-based services on the Platform, such as premium return service fees, cancellation costs, and cash-on-delivery handling fees, among other things. 
 
4. Return, Refund, and Exchange Policy 
 
4.1 Orders once placed on the Application are non-refundable and non-returnable in any case whatsoever. 


4.2 Users are eligible to raise a request for product exchange (within 3 calendar days of delivery) only if the delivered product is:
i) damaged; ii) a wrong product or iii) undelivered  


4.3 In case of a product exchange, the Company will arrange the courier pick up of the order from the User’s address at its own expense through third-party courier services and deliver it to the Seller. Upon the delivery of this courier, the Seller is responsible to deliver a fresh product to the User within timelines specified by the Company. 
 
5. Use of the platform 
 
5.1 Does the Company guarantee performance of the agreement or other arrangements between User(s) or otherwise in respect of products on Platform? 

 

  1. The Company, through the Platform, is just a facilitator of transactions between Seller and User and is not liable for any non-performance or violation of any contract entered into in connection with User Transactions. The Company will not, and will not be compelled to, arbitrate or resolve any dispute or disagreement between the Users, including any third parties. 

  2. The Company does not represent any User or Seller and expressly disclaims any duty for any error or inconsistency in any information about such Seller or User published on the Platform. 

  3. The Company makes no representations or warranties about any of its users’ item-specifics (such as legal ownership, creditworthiness, identity, and so on). The Company is not responsible for any abuse of information supplied by Users with it, through their profile, or with a third party on the Platform, in chat rooms, forums, or comments. 

  4. Users understand and accept that the Company is not an arbiter or judge in intellectual property disputes and that it cannot, under any circumstances, verify that any Seller selling or providing anything on/through the Platform has the legal right to do so. Users are encouraged to help the Company in identifying listings on the Platform that infringe on the Users’ knowledge or belief. 

  5. During any transaction between a Seller and a User, the Company does not assume custody of any goods offered, nor does it obtain title to or have any rights or claims over such items. The company is not liable for any damages or delays caused by out-of-stock, unavailability, or back-ordered items. 

 
5.2 Whether the use of Platform (a) is restricted in any manner, and (b) requires any generic compliances from the User?

  1. A User should not use the Platform to host, display, upload, download, modify, publish, transmit, update, or share any information that: 

    1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or

    2. is objectionable to the online community, such as anything that encourages obscenity, pedophilia, racism, bigotry, hostility, or physical damage of any type against any group or individual; 

    3. harasses or encourages harassing behavior 

    4. infringes or violates the rights of any third party, including, but not limited to, intellectual property rights, privacy rights (including, but not limited to, unauthorized disclosure of a person's name, email address, physical address, or phone number), or publicity rights; 

    5. encourages the unlawful or unauthorized copying of another person's copyrighted work 

    6. seeks to obtain unauthorized access to the Application or to the profiles, blogs, communities, account information, or other parts of the Application, or solicits passwords or personal identifying information from other Users for commercial or illegal reasons; 

    7. interferes with another User’s use and enjoyment of the Platform, or any third-party users’ enjoyment of similar services

    8. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms; 

    9. violates any law currently in force; 

    10. impersonates another person; 

    11. contains software viruses or other contaminating software; contains software viruses 

    12. directly or indirectly offers, seeks to offer, trades, or attempts to trade in any object whose dealing is forbidden or limited in any way by any applicable law, rule, regulation, or guideline in effect at the time. 
       

  2. The User must comply with and ensure the following when accessing or using the Platform or utilizing the Services: 

    1. All registration information submitted by the user is true, legal, and accurate. 

    2. The user’s use of the application/platform is for his own use only and may not allow other users to use the account. 

    3. All required licenses, consents, permits, and rights are owned by you and are trademarks, copyrights, transmitted, posted, uploaded, distributed, or otherwise transferred or used by you in any manner permitted by this Agreement. Patents, trade secrets, privacy and publication rights, and/or other proprietary rights contained in the enabled content. 

    4. The user shall not use the Platform in a way that is illegal or harmful to the company or other natural persons or legal entities. 

    5. You will not attempt to remove or modify Content on the Platform, including but not limited to disclaimers or proprietary notices such as copyright or trademark symbols, logos, etc. 

    6. Users cannot access the Platform without permission, or use the Platform in a way that damages, confuses, or interferes with parts of the Platform, the devices or networks on which the Platform is stored, or third-party devices. 

    7. Users must not attempt unauthorized access to applications or parts or features of other systems or networks that are connected to the Platform in any way. Users may not investigate, scan, or test platform vulnerabilities or violate the security or authentication methods of the platform or networks connected to it. 

    8. Users agree not to use any device, software, or routine to interfere with or attempt to interfere with the platform’s proper functionality, transactions performed on the platform, or the use of the platform by others. Users may not use the Platform or its content for any purpose that is illegal or prohibited by this Agreement. 

    9. Users must always ensure that the applicable laws of the currently effective version, including the Information Technology Act of 2000 (I) and the regulations contained therein, are fully complied with. (ii) All applicable national laws, rules, and regulations, including applicable exchange control laws or regulations. (iii) International law, foreign exchange law, statutes, ordinances, and regulations relating to the use, listing, and purchase of applications, including but not limited to direct and indirect taxes applicable under national applicable law. Solicitation of offers to buy or sell products or services. Users may not engage in transactions prohibited by the provisions of applicable law, including currently applicable currency control laws or regulations.  

    10. Users are non-exclusive, global, permanent, irrevocable, royalty-free, and sublicensable to the company so that they can use the information provided by them without violating their rights or laws. I agree to grant the right to exercise Level). Copyright, advertising, database rights, or other rights. We use the information only in accordance with this Agreement applicable to the use of the Platform and the provision of services. 
       

  3. The Company reserves the right, in its sole discretion, at any time to revoke the User Identification Code or Password if the User fails to comply with any provision of this Agreement. We reserve all rights to take necessary measures and claim damages for damages resulting from your involvement/participation, either alone or in groups, in a deliberate or unintentional way to hacking. 
     

6. Accuracy and integrity of information about the platform 
 
6.1 How accurate and complete is all the information displayed on the platform? 

 

  1. We are doing our best to keep the information on the platform accurate. However, the materials and content on the platform are for general information only and are trusted as the sole basis for decision making without reference to major, more accurate, more complete, or more up-to-date sources. Or should not be used. By referring to Section 6.2 below, you agree that most of the content, including the products displayed on the Platform, will be provided by their respective Sellers. The Seller is always responsible for providing information related to the products listed. We do not control such content or information other than to take appropriate control to ensure the general hygiene of the Platform. 

  2. We undertake no obligation to update, change or clarify any information on the Platform, including but not limited to pricing information, except as required by law. We have no responsibility or obligation to ensure the accuracy of the information provided by you. Reliance on materials on the platform is at your own risk. 

  3. The platform may contain certain historical information. Historical information is not necessarily up-to-date and is for informational purposes only. We reserve the right to change the content of the Platform at any time, but we have no obligation to update the information on the Platform. You are solely responsible for monitoring changes to the information on the Platform. The platform update date or update date shall not be deemed to indicate that all information on the platform or any information related to the service has been changed or updated. 

  4. From time to time, there may be information on the Platform that includes typographical errors, inaccuracies, or omissions related to information about products, prices, promotions, offers, shipping, shipping times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without notice if the information on the Platform is inaccurate. 

  5. Information is provided “as is” without guaranteeing the completeness, accuracy, timeliness, or results of use of the information, including, but not limited to, performance, merchantability, and fitness. There is no warranty of any kind, express or implied. Specific purpose. Nothing in this Agreement may replace the user's independent investigation and sound technical and business judgment. 

 
6.2 Is the company providing information about the products on the platform? 

 

  1. We reserve but do not require, the right to monitor materials posted on the Platform. However, the Company reserves the right, in its sole discretion, to remove or edit the content that violates or appears to violate applicable law or the spirit of these Terms. In no event shall the Company be liable for any claims, damages, or losses resulting from the published Content or the use of the Content and/or the display of the Content on the Platform. 

  2. The Seller is solely responsible for the accuracy of the information regarding the details (quality, value, marketability, etc.) of the products offered for sale or sale or purchase on the Platform. We do not warrant or endorse the sale or purchase of implied or explicit products and make no warranty for products sold to users. Also, these products are not the responsibility of the Company.  

 
7. Use of third-party tools on the platform 

  1. We may allow users access to third-party tools through the Application that we do not monitor, control, or intervene. You acknowledge and agree that such tools will be accessed “as is” and “to the extent available,” without warranty, representation, or condition of any kind, and without company approval. We do not assume any liability arising out of or in connection with the use of optional third-party tools. 

  2. If you use optional tools provided through the Application, it is your responsibility and discretion, and it is your responsibility to ensure that you are familiar with the terms provided by these tools. This will approve the appropriate third-party provider. 

  3. We may offer new features through the Application, such as the use of new third-party tools and resources. These new features are also covered by this agreement. Complaints, complaints, concerns, or questions regarding third-party tools or third-party websites must be submitted to the third-party provider. 

 
8. Intellectual property (IP) and Infringement of Intellectual Property Rights 

8.1 Can Users use the content published on the Application? 

  1. Users are prohibited to use the trademarks, service marks, logos, product designs, product description, product specifications whatsoever available on the Application for any personal or commercial purpose without the prior written consent of the respective Seller and the Company.  “Popbaani” and related symbols and logos, are registered trademarks of the Company and are protected by applicable copyright laws, trademarks and other intellectual property rights. It is strictly prohibited for users to copy, modify, use or publish these marks. 

  2. You may not modify the printed or downloaded material in any way on paper or in digital form, and you may not use it separately from the accompanying text with illustrations, photographs, video or audio sequences, or graphics. 

  3. You may not use any part of the material on the Application for commercial purposes without obtaining a license from the Company. All rights that the Company does not otherwise claim under this Agreement are reserved here. 

 
8.2 How does the company deal with IP violations? 

  1. Trademarks, wordmarks, or intellectual property owned by Users or Sellers are owned only by those Users/Sellers and the Company has no rights or interests in them. 

  2. The Company reserves the right to suspend or terminate your account at its sole discretion. You agree that the Company will not be liable to you, including liability for consequential or other damages, if the Company takes action against the alleged infringement of intellectual property rights. 

  3. You acknowledge and agree that the Company is not an arbitrator or judge of any intellectual property-related dispute. It is not possible to verify that the Seller that sells or delivers the goods on the Application is authorized to sell the goods. The Company recommends that Users help identify entries on the Application that they know or believe are infringing on their rights or the rights of third parties. 
     

9. Disclaimer and Liability 
 
9.1 What are the standard disclaimers related to platforms and services? 

 

  1. The Company is not responsible for the following: any type of injury, loss, including but not limited to financial loss, data loss, replacement costs, or other similar damages, whether contractually or not. Claims or other claims (content errors) resulting from the use of the Platform or related to the use of the Platform in any way, direct, indirect, accidental, disciplinary, special or consequential damages, illegal, negligent, or otherwise. Posting, sending through the Platform, even if it has occurred or is indicated to be the result of, but not limited to, the use of the Platform, including, but not limited to, dropouts, or any type of loss or damage., or otherwise made available. 

  2. Unless otherwise stated, any instructions or information received through the Platform, whether verbal or written, does not constitute a warranty. 

 
9.2 What happens to a user’s order if a blocking or other unavoidable event occurs? 

  1. The Company is not liable for any kind of damages resulting from unavoidable forces or other similar situations that directly or indirectly affect the Company and/or the Platform. Examples of force majeure events include real or potential industrial activity, government actions, war or threats of war, obstruction, civil anxiety, demonstrations, fires, storms, floods, explosions, earthquakes, epidemics or pandemics, materials. Included, but not limited to supply or limitation, or resources, incapacity to obtain appropriate approvals, accidents, and defects in power or telecommunications networks. 

  2. Due to unavoidable or other events beyond the control of the Company, obstacles, delays, or difficulties in maintaining the Platform, the Company may suspend or limit the Platform until further notice.  

 
9.3 Under what circumstances can a user be held liable for damages to the company? 
 

Users indemnify the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, sellers, interns, and employees from all losses and liabilities. And protect and retain., litigation, penalties, interest, damages, claims, and costs (including related attorneys’ fees and statutory costs and costs and credit benefits) are claimed against the Company or result from Occurs or is related to 

  1. User’s breach of this Agreement. 

  2. All claims by third parties arising out of or in connection with your use of the Platform. 

  3. User violations of the rights of others, including intellectual property rights. 

  4. User violation of applicable law. 

 
10. Miscellaneous Provisions 
 
10.1 This Agreement is governed by the laws of India. Any action, suit, or other legal proceedings, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at New Delhi, India.  
 
10.2 Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.  
 
10.3 The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 
 
10.4 The Application is managed and operated from India and we make no representations that the content, information, or materials contained in this document are appropriate or available elsewhere. Access to and use of this Platform from outside India is entirely the sole risk of the User and the User is responsible for complying with all applicable local laws and indemnifying the company for its liability or loss. 
 
10.5 Company reserve the right to introduce and start new features, features, and components on the Platform and/or to modify, suspend, discontinue or remove existing ones without prior notice. In addition, the company may discontinue (permanently or temporarily) one or more services provided, terminate the platform or charge for services provided in advance for free without prior notice to the user. 
 
11. Contact Us 
 
If you’ve got any queries regarding the Company’s Terms and Conditions or in case you would love to elevate another inquiry, you can email us at popbaani.com@gmail.com