Terms & Conditions
Verce Solutions Private Limited [GST Number: 36AAICV3143Q1ZR] (hereinafter referred to as Verce Solutions] at present having registered office at the address Plot No. 317, H. No. 2-23-320, HMT Hills, Kukatpally, Hyderabad, Telangana, 500085 is a B2B Omni-channel E- Commerce Platform (Glokal.live) for Small & Medium Business enterprises. Verce Solutions enables the customers to avail themselves of the facility of online purchase of products and services sold by various third party businesses. Along with the traditional product catalog and inventory based sales model, Verce Solutions also provides the next generation commerce solutions like Live Interactive Video Commerce and Conversational Commerce. The platform is operated through a website and seeks to home deliver items by the Merchant themselves or by through independent third-party logistics service providers appointed by the Merchant / seller. Verce Solutions merely acts as a technology and online platform which allows the third party Merchant to connect with the customer. Verce Solutions are merely a facilitating service provider for the Merchant to the consumer. Every customer can access the online page of the merchant/seller of their choice on logging into the website. The website is originally created by or on behalf of Verce Solutions and is owned and operated by Verce Solutions. The said platform acts as facilitation between the consumer and the merchant / seller. Verce Solutions is merely a website that facilitates sale of goods and is a connecting factor between the Merchant and consumer. The customer is aware and agrees that services of Verce Solutions are only to connect the Merchant and consumer and to operate the website and all other related platforms. The customer acknowledges that the delivery agent is not employed by Verce Solutions and any deficiency as such is not attributable to Verce Solutions.
The use by the customer of the Verce Solutions’ platform is bound by the certain terms and conditions which are listed below. The said terms & conditions mentioned below is a legally binding and enforceable contract between the Merchant/Seller and Customers. You (customer) agree that by availing the services through website and by enrolling in the services offered by the Merchant/seller, you are voluntarily accepting to be bound by the below terms and conditions.
Verce Solutions or the Merchant / seller reserves and is entitled to change or modify these Terms & Conditions / Privacy Policy or any other policy or guideline of the Website at any time and in its sole discretion. Any change in these Terms & Conditions / Privacy Policy or any other policy or guideline will be effective immediately upon posting the revisions on the Website. The continued use of the Website will confirm your acceptance of such changes or modifications.
The below mentioned Terms and Conditions are in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
Services
Verce Solutions is a facilitating platform between you i.e. customer and the merchant/seller. Consumers can place orders, as required. You are not allowed to misuse the services in any manner.
You hereby agree that the relation between you and the Merchant/seller are governed according to the terms and conditions provided herein. As such Verce Solutions will not entertain any dispute between you and the merchant/seller. You agree that in case of any dispute or transaction related settlements, you would have to contact the concerned Merchant/seller.
You agree to use the services provided legally and as permitted by law. The Merchant/seller does not take any representation or warranty as to legal title of the Products and Services offered for sale. You agree that the details provided by the Merchant/seller in respect of the products in his digital store are purely for general public information only.
The authenticity, accuracy or genuineness of the Products and Services made available through the Website shall be the sole responsibility of the Merchant/seller. Any dispute relating to the authenticity or otherwise shall be raised solely with the Merchant/seller and not with Verce Solutions at any cost.
You agree that only the merchant / seller is responsible for any delay in performance, non-performance or breach of contract entered into between you and the merchant. The contents, listings or any information provided in the platform may be changed at any time by Verce Solutions without notice by updating the terms and conditions. You agree to review the Terms and conditions regularly and your continued access or use of the platform/ website will mean that you agree to and abide by the updated Terms & Conditions.
Registration Process
The customer would be able to order products only upon registration by providing correct verification details. You undertake to provide with accurate information such as name, address & phone number, geographical location. You agree that you are of an age which makes you eligible to enter into valid contracts under the Indian Contracts Act, 1872. You agree that the Merchant/seller will not be liable for any incorrect information provided by you. You undertake to notify and inform the Merchant/seller of any change in the information provided by you. You acknowledge that Merchant/seller has not verified the information provided by you and as such you are solely responsible for any such misrepresentation. You also undertake and agree that Merchant/seller shall not be liable in any manner for the illegality or misrepresentation of any information that has been provided by you.
Representation by the Customer
To access the services of the website, you must create an Account by completing the registration process.
By registering to avail the services you represent that:
- you are a major and;
- The information which is provided by you is true and that you have not misrepresented any information.
You expressly agree and undertake the account may be suspended if it is determined or have reason to believe that any information provided by you is untrue or inaccurate. Please note that it is your responsibility to keep your user name and password safe. The Merchant/seller shall not be responsible for unauthorized access to or alteration of your data. Your username and password are personal to you and under no circumstances may you allow any other person to use your username and/or password. The Merchant/seller shall not be liable for any harm caused or related to the theft or misappropriation of your personal as well as business details, including username and/or password, disclosure of your username and/or password, or your authorization of anyone else to use your username and/or password.
The Customers are responsible for all the legal information provided for the registration of their accounts and the transactions conducted.
Once the product is ordered by the end consumer through the website, information is given to the Merchant / Seller. Once the order is confirmed the Merchant/seller is required to neatly pack the ordered products and wait for the delivery partner appointed by the Merchant / seller to pick up the products and deliver the same to the consumer. The customer agrees that the Pick Up and Drop off Services are arranged and provided by the Merchant / seller and only they are liable for any confusion or disputes arising thereof.
You agree that any responsibility or liability in respect of any communication between you and the merchant/seller in respect of the products purchased or orders placed by you lies solely with the Merchant/seller.
Responsibilities of the Customers
The customer agrees to share their location at all times to the Merchant/seller. The customer hereby consents to sharing his / their location and also to monitor and track of their location.
You undertake not to use the website or any material for any purpose other than what is specifically mentioned herein. You further undertake not to commit anything that is unlawful, illegal or prohibited or other activity which infringes the rights / Intellectual Property Right of Merchant/seller/ Verce Solutions or other third parties;
Confidentiality and Customer Personal Data
When the consumer orders any products, Merchant/seller will be notified of the details of the consumers not limited to name, address and phone number. You agree that consumer information or any other information relating to use of the services may contain confidential and personal information. You agree and undertake that all the Confidential or personal Information will remain the sole property of Verce Solutions and will be shared with the merchant/seller.
You acknowledge and agree that when you request for services through the website, in very rare instances, security protocols could fail, causing a breach of privacy of personal information. We shall take utmost care towards protecting your confidential and sensitive information from reaching the hands of unscrupulous third parties.
In the unfortunate event of any content of our digital platform store is defamatory, obscene, pornographic illegal or blasphemous, racist or harassing, kindly notify us immediately and we shall take reasonable endeavors to take down the objectionable content within a reasonable time.
Delivery of Products
You agree that Verce Solutions are merely a facilitating platform and are not in any manner involved in the event of a default in delivery or any other related deficiency of service in respect of your order placed. Any such dispute arising from any such transactions shall be raised only with the Merchant/seller
You agree that for any cause arising out of non performance of the contract entered between you and the merchant/seller, only the latter shall be held responsible and Verce Solutions shall not be involved in any manner, legal or otherwise.
You agree that any dispute concerning the price, delivery, quantity or quality or any other subject matter regarding the sale of the product(s) shall be dealt directly with the Merchant/seller. Verce Solutions shall not entertain any dispute regarding the same. In case of a failed order and the amount being debited from the customer’s account, the Merchant/seller shall refund the amount within a reasonable period of time.
Return & Refund
In case of initiating a refund, the customer shall initiate the process for return or refund of the products in accordance with the policy laid down in respect of refunds and returns.
In case the product has been returned by the end consumer due to quality or any other issues, the Merchant / Seller shall take appropriate steps and initiate fresh delivery of the products. It shall be the duty of the Merchant / Seller to make sure that quality products are delivered. In case of cancellation by the customer due to quality issues, the amount shall be refunded by the Merchant/seller. The refund shall be made in Indian Rupees only and shall be credited to the customers source account.
You can cancel the order placed for products and services till the third party merchants ship it. However, return of the products is permitted only when
- Products delivered do not match your order
- Products are delivered near or past their expiry date
- Products were damaged in transit.
The request for return of the products processed and any refund issued shall be credited to the customers source account.
Intellectual Property
You undertake that using our Services does not give you ownership of any intellectual property rights in our Services or the contents you access. The Contents of the Application and all other intellectual properties used in the Application are owned by Verce Solutions. The trademarks and all other intellectual properties apart from the products owned by third parties belong to Verce Solutions. By allowing access to you or any third party does not convey any ownership rights of the Application. You shall not copy, modify, translate, distribute, reproduce or reverse engineer any content of the Application.
Indemnification
You agree to defend, indemnify and hold harmless the Merchant/seller and Verce solutions and any of their respective officers, Executives, directors, employees, agents and representatives from any and all claims arising out of your breach of any of these terms and conditions. The indemnification obligation under these Terms & Conditions will survive the termination of your account or use of the Platform. You agree not to copy, modify, reverse engineer, decompile, disassemble, create derivative works of the Software nor attempt to locate or obtain its source code.
You agree that at certain times technology Platforms are susceptible for glitches and issues and hence, as a result if any transaction/trade order / payment doesn’t get processed, as expected, Merchant/seller or Verce Solutions cannot be held responsible.
Further, you agree to hold Merchant/seller or Verce Solutions harmless against any claims made by any third party due to your use of the Website, any claim that your material caused damage to a third party, your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
Relationship
Subject to the Terms and Conditions mentioned herein along with privacy policies and all other related documents, your relationship with us is on a principal-to-principal basis and by accepting these Terms you agree that only the Merchant/seller is liable for all purposes and Verce Solutions does not have control of or liability for the products or services that are listed/ offered on our Website. You understand that once opting to initiate an Order placement on the website, you are entering into a legally binding Contract. Company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction. You agree and undertake that nothing in this Terms and Conditions or any other related Agreement will create any joint venture, partnership, principal – agent relationship, franchise, sales representative, or employment relationship between Merchant/seller and you. Nothing expressed or mentioned in or implied in Terms and Conditions or any other related Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement.
Warranty and liabilities
You agree and undertake that the website does not provide any warranty implied or otherwise, and the products are available for your purchase on an as-is basis. Also to the maximum extent permitted by Law, Verce Solutions shall not have any liability whatsoever in respect of any transactions carried on between the customers and the merchant/seller. The Merchant/seller also disclaims any liability in respect of misuse, loss, modification or unavailability of any user content. You understand and agree that any data downloaded or obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
Termination
These Terms and conditions will commence on the date when you register on the platform of Verce Solutions. The same shall continue to subsist until the termination of this agreement by both the parties.
These Terms and conditions will apply until terminated by either of the parties. In case you wish to terminate this arrangement, you may not visit the website or close all the services where available to do so. You agree that we are at free will to terminate your account in the event of any breach of the terms of this Privacy Policy, or the services previously provided by us is no longer available.
Amendments
You agree that these Terms and conditions can be modified without any requirement to notify you of the same. The last updated ‘terms and conditions’ shall always be updated in the website along with the last updated date. You shall be responsible to check if there is any update to the said Terms and Conditions. Your acceptance of the amended Terms and Conditions shall signify your consent to such changes and agreement to be legally bound by the same.
Severability
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Notices
Notices or letters or any communication shall be sent to your registered mobile number / WhatsApp / postal address on the platform. Sending of communication to the correct mobile number / WhatsApp shall have the same effect and rights as a physical notice. It shall be your responsibility to check text / WhatsApp messages.
Force Majeure
Failure to do any act or duty shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, labour strikes, sabotage, rebellion, insurrection, epidemic, pandemics or similar outbreak. However, the consumer has to immediately notify such reason to Merchant/seller at the earliest. Failure to notify of the same would result in suspension / termination or any other action as deemed fit.
Remedies
The Customer agrees and acknowledge that damages in the form of monetary compensation may be an inadequate remedy for breach or threatened breach of the provisions of these Terms and Conditions and as a result customer agrees that in the event of a breach of any provisions of these Terms and Conditions by the customer, the rights of Merchant/seller / Verce Solutions in addition to any and all other rights and remedies that may be available to Merchant/seller / Verce Solutions in respect of such breach, shall be enforceable by specific performance, injunctive remedy or any other remedy available in any court of competent jurisdiction.
Jurisdiction
Any dispute arising out of this terms & conditions shall be exclusively filed at the Court at Hyderabad, Telangana, India.
Applicable Law
The Applicable Law in relation to any dispute arising will be the Law of India.
Arbitration
In the event of any dispute between the parties arising out of or in relation to this terms and conditions, the same shall be referred to an Independent Arbitrator which has the exclusive jurisdiction to resolve the dispute. The arbitration will be governed by laws of India at the time being in force. The arbitration proceedings shall be constructed in English language and shall take place in the city of Hyderabad.
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