1. ABOUT THE TERMS
1.1 What is Core Creator and who operates it?
- Core Creator is a web application that provides an online marketplace where registered suppliers (“Partners”) can offer to sell their products to registered users of the website.
- The website at www.corecreator.in (“Website”) are operated by Digital Boostup (“Company”).
- The Company’s role is limited to managing Web Application and associated marketing, facilitating payment collections, fulfillment, order management, inquiry management and other incidental services to enable the transactions between the suppliers (“Partners”) and User (“Services”).
1.2 When are these Terms applicable and binding on the User?
- The Agreement is applicable to any person when they visit or access any part of the Platform or utilize the Services, such persons are referred to as users, which include without limitation users who are browsers, suppliers, merchants, other purchasers or contributors of content (collectively, “User”).
- The Agreement between User and Company is effective on the date on which the Application is Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.
1.3 What if the terms of the Agreement are not acceptable to the User?
- If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By accessing or using the platform, the user irrevocably accepts the Agreement and agrees to abide by the same (as updated from time to time).
2. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
2.1 Does a User necessarily need to create an account on the Platform?
- The company does not permit Users to avail themselves of the Services on the Platform without prior registration. Users may access the Website by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, is subject to this Agreement and strictly not transferable.
2.2 For the use of Platform, is a User subject to any eligibility criteria?
- The Services on the Platform shall be availed by a user(s) who can form legally binding contracts under the Indian Contract Act, 1872 and are at least eighteen (18) years of age.
- The Company reserves the right to terminate the Users account and/or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein. User(s) accessing or using the Platform represent and warrant that they have the right to access or use the Platform.
2.3 Are there any specific requirements for registering an account on the website?
- The Users are required to enter a valid phone number while registering on the website. By such registration, the User consents to be contacted by Company via phone calls, SMS notifications, email notification or other such means of communication inter alia for subscription/services/promotional updates, etc.
- It is the responsibility of the Users to provide the correct mobile number or email so that the Company can communicate with the Users via SMS or email. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of data or blocked by the User’s service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.
- It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
2.4 Can a User account registered on the Website be suspended or terminated?
- The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:
- any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
- Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.
- Without prejudice to the above-stated rights of the Company, in case of alleged fraud or other breaches of this Agreement by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.
2.5 What is User obligations vis-à-vis its registered account on Platform?
- Having an account on the Platform gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account and that all transactions made by such User are intended for bona fide sale or consumption in the course of their business activities.
- Any and every activity is undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner. Hence it shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company.
- User acknowledges and agrees that having an account on Platform does not grant it any rights on Platform not specifically granted to them by the Company and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.
- On registration, the Users may receive a password-protected account and an identification. The Users agree to:
- maintain the confidentiality of their password, if applicable;
- take full responsibility for all activities by Users accessing the website through their account;
- immediately notify the Company of any unauthorized use of their account or any other breach of security that they become aware of; and
- ensure that they exit from their account at the end of each session.
3. PLACING ORDERS AND FINANCIAL TERMS
3.1 How does order placement work on the Website?
- The Website allows Users to place orders for the products listed by Suppliers or Partners on the Website and the website subject to the Agreement herein, facilitates the placement of orders for the products by the Users.
- On receipt of an order from a User, Company shall send electronically a confirmation of such order to Supplier and the User concerned. Further, the Company may inform the User about the availability or unavailability or change in the price of the order as informed by Supplier concerned, from time to time. Confirmation of the order by Supplier shall be treated as final.
- The Company does not own, sell or resell any products on its own and/or does not control the Suppliers and only facilitates the transaction between buyers and sellers including User and Supplier as a ‘marketplace’. The company makes all reasonable efforts to promptly update the User’s account and other information in order to assist facilitate the transaction completion. Hence, Users are required to provide current, complete and accurate purchase and account information for all purchases made on the Website.
3.2 How are the commercial terms fixed on the Website?
- All commercial terms of sale are offered by Suppliers and agreed to between Suppliers and the Users alone. The commercial terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc. The company 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 Suppliers and the Users. All discounts and offers are by the Suppliers and not by the Company.
- Similarly, in case of deliveries effected by Supplier using the Platform, the Platform only acts as a service provider for the Supplier facilitating the delivery or other service related to an order. The company does not have any control nor does not determine or advise or in any way involve itself in the offering or acceptance of such commercial terms between Supplier and its end-user/consumer.
- Policies related to returns/ exchanges, penalties, refunds, the cancellation will be updated on the Website from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.
3.3 How does payment and settlement of payment work on the Website?
- The Users acknowledge and agree that the Company may, at the request of the Supplier, act as the payment agent for the limited purpose of accepting payments on behalf of such Suppliers. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Website. The Company will not be liable for any charges made by the Users bank in relation to the payment of the total amount.
- The company merely collects the payment on behalf of the Supplier, as the case may be. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the Supplier. The company holds no responsibility for the legal correctness/validity of the levy of such taxes.
- The transaction is bilateral between Suppliers & Users (“User Transactions”), the Company is not liable to charge or deposit any taxes applicable on such transaction.
4. USE OF THE PLATFORM
4.1 Whether the use of Website (a) is restricted in any manner; (b) requires any generic compliances from User?
- User should not use the Platform to host, display, upload, download, modify, publish, transmit, update or share any information which:
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to the profiles, blogs, communities, account information, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;
- 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;
- violates any law for the time being in force;
- impersonates another person;
- contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information; and
- directly or indirectly, offers attempts to offer, trades or attempts 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.
- When accessing or using the Platform or availing the Services, the User has to comply and ensure the following:
- All registration information submitted by the User is truthful, lawful and accurate;
- User’s use of the Website shall be solely for their use and they shall not authorize others to use the account;
- User does not submit, post, upload, distribute, or otherwise make available or transmit any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
- All necessary licenses, consents, permissions and rights are owned by Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by the Agreement, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that Users submit, post, upload, distribute or otherwise transmit or make available;
- User will not use Platform in any way that is unlawful, or harms the Company or any other person or entity;
- User will not use another person’s username, password or other account information, or another person’s name, likeness, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
- User will not or attempt to delete or modify any content of Website, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
- User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;
- User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Platform by any means. User shall not probe, scan or test the vulnerability of Platform nor breach the security or authentication measures on Platform or any network connected to Platform.
- User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. The company will only use the information in accordance with this Agreement, applicable to the use of the Website and for provision of Services.
- Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of this Agreement. The company shall have all the rights to take necessary action and claim damages that may occur due to the User’s involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.
5. ACCURACY AND COMPLETENESS OF INFORMATION ON THE WEBSITE
5.1 Is information relating to products on the Website provided by the Company?
- Not all information on the Website is provided by Company. From time to time, Users who are Suppliers provide information relating to the products proposed to be sold by them and are hence responsible for the same. In this connection, Suppliers undertake that all such information shall be accurate in all respects. Suppliers are discouraged from and should not exaggerate or overemphasize the attributes of such products so as to mislead Users in any manner.
- Suppliers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on the Website. Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warranty/guarantee of the products sold to Users, and in no event shall such products be the responsibility of Company. The company does not represent or warrant that the information available on the Website will be correct, accurate or otherwise reliable.
6. DISCLAIMER AND LIABILITIES
9.1 What are the standard disclaimers in relation to the Website and the Services?
- The company, in no event, is or will be liable to User including the Supplier or anyone claiming through a User in respect of the product or other User Transaction under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of Platform.
- Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Website, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Website or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
- Users shall be solely responsible for damages, if any, to their data system or for loss of data arising from the download of content from the Website. No guidance or information, written or oral, obtained from Company or via the Website, shall constitute any warranty unless stated otherwise.
9.2 What happens to User order in case of a lockdown or other force majeure event?
- Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Website. Examples of force majeure events include without limitation real or potential labor disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.
- Force majeure or other events beyond the Company’s control, hindrance, delay or complication in the maintenance of the Website entitles the Company to suspend or limit the Website until further notice.
9.3 Under what circumstances may User be liable for any damages to Company?
- User shall indemnify, defend, and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses asserted against or incurred by Company that arises out of, resulting from, or in connection with:
- User’s breach of this Agreement;
- any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform including by end-users/consumers of Suppiler(s);
- The User’s violation of any rights of another, including intellectual property rights; and
- the User’s violation of any applicable laws.
10.1 How to contact the Company in case of any queries regarding this Agreement or grievances relating to Platform?
- All queries, concerns or questions about the Agreement should be sent to Company at firstname.lastname@example.org or email@example.com.
10.2 How will the Company contact the User?
- All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by User(s) on the Website or by posting such notice or demand on an area of the Website that is publicly accessible.
- Notice to a User(s) shall be deemed to be received by such User(s) if and either when sent to User at the address, email or other communication details provided by such User at the time of registration, whether in physical or electronic form, has been sent to such User(s), or immediately upon publishing of such notice on an area of the Platform that is publicly accessible.