CFW Seller Terms & Conditions

SELLERS TERMS AND CONDITIONS

www.Chandigarhfashionweek.com  (“CFW” or “We”) is the author and publisher of the internet resource www.chandigarhfashionweek.comlisting and permitting transactions in relation to genuine luxury products and items of various brands and Designers(“Product(s)”). CFW owns and operates the services provided through its website. It is important that you spend time reading the terms as they constitute a legal agreement between www.chandigarhfashionweek.com(the “Website” or “Site”) and the Seller (“you” or “Seller”) in connection to selling of your Products on the Website.

The Registered office of CFW is at , Andheri west Mumbai -53. 

These Seller Terms and Conditions (“Terms” or “Agreement”) define the terms and conditions under which you are allowed to sell your Products on the Website and how we will treat your account while you are a member. If you have any questions about our Terms, feel free to contact us at [email protected].

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. Your continued use of the service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the service.

This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement 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 for access or usage of the services.

1. TERMS OF USE

1.1 By using these services, you agree that you have read and understood these Terms and you agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE “I AGREE” BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICES. You expressly represent and warrant that you will not avail the services if you do not understand, agree to become a party to, and abide by all of the Terms specified below. Any violation of these Terms may result in legal liability upon you. Nothing in these Terms should be construed as conferring any rights to any third party or any other person. YOUR USE OF THE WEBSITE AND ITS SERVICES MEANS YOU ARE CONSENTING TO THIS AGREEMENT.

1.2 The Website and its services may be used only for lawful purposes . You agree to comply with all applicable laws, statutes, and regulations. You agree not to register under a false name. You will not impersonate any other participant or user or person or use another participant’s or user’s password(s). Any such fraudulent conduct may be reported to law enforcement, and CFW will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

1.3 You agree that You will abide by the terms and conditions of this Agreement, any additional terms and conditions and CFW policies, including any amendments thereto made by CFW from time to time which may be made without notice to You.

1.4 The Agreement is published in compliance with; and is governed by the provisions of Indian law, including but limited to: 

(i)the Indian Contract Act, 1872,

(ii) the (Indian) Information Technology Act, 2000 and

(iii)1.4.3 the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. DEFINITION

Unless otherwise defined in the Agreement, the following terms shall have the meaning set out as follows:

“Buyer”shall mean a person who is registered as a user to access the Website and buys a Product from the Website.

“Seller”shall mean any individual, organisation, business entity; or a company registered under the Companies Act, 1956 or the Companies Act, 2013, offering its Products for sale on the Website.

3. MEMBERSHIP

3.1 Use of this Website to list Products is available only to persons who can form legally binding contracts under the applicable laws. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including undischarged insolvents, etc. are not eligible to list their Products on this Website. You represent that You, in your individual capacity and/or as an authorised representative of the entity registering as a Seller on the Website, are competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.

3.2 CFW reserves the right to terminate your membership if you fail to comply with CFW’s policy of listing Products which may be amended from time to time

4. ACCOUNT REGISTRATION AND YOUR INFORMATION

4.1 You will be able to offer your products for sale on the website subject to conditions, by registering on the Website to create an account (“CFWAccount”) and become a member (“Member”).

4.2 You are responsible for safeguarding your CFW Account password. 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 CFW Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your CFW Account.

4.3 Your CFW Account will be created based upon  your information and Product information along with pictures of the Product you provide to us by way of you registering on the website, or communicating via email or WhatsApp or any form of messaging. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

4.4You also represent that you have provided to CFW your information such as name, contact details, email address, account details, PAN No., Service Tax Registration, and other compliance related details during CFW Account creation and that such information is true and correct as on date. You will also provide any missing information that may be requested by CFW, and fully comply with CFW request for any information as required by the Indian laws, during the course of listing process or after the products are listed, or delisted

4.5 You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, CFW shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

4.6 You are solely responsible for the information you provide, we may only act as a passive conduit for online distribution and publication of any information you provide, including but not limited to any information in relation to your Product(s).

5. AUTHENTICATION OF THE PRODUCT

5.1 In the rare event that CFW determines the merchandise to be counterfeit after the sale is concluded, the seller affirmatively agrees to pay back any seller payout for the merchandise , penalty fees as per CFW terms, authentication and shipping fees for return of item

5.2 CFW disclaims all warranties, express or implied, in relation to any claim arising out of or in connection to authenticity of the Products and the Seller agrees to indemnify and hold CFW, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any Buyer or a third party due to or arising out of any claim in relation to the authenticity of the Products.

5.3 CFW may, at its sole discretion take penal actions or institute legal proceedings against the Seller in relation to any claim arising out of or in connection with authenticity of the Products.

5.4  CFW provides only a platform for the Buyers and Sellers to transact in relation to the Products listed. CFW will take reasonable care of the Products of the Seller If in CFW’s possession.(in case it is sent by the seller to CFW facility)

6. LISTING OR CONSIGNING OF PRODUCTS

6.1 The Product which the Seller wishes to sell on the Website at the Agreed Price shall be listed on the Website by you or by CFW as authorised by you via physical agreement sign off, or email, WhatsApp, Facebook, or via any channel of digital or non-digital in nature, subject to the following listing conditions:

6.1.1 The Products should not be prohibited from listing (“Banned Product Categories”) as per the provisions of law. The Banned Product Categories are provided on the Website

6.1.2 You agree that your listing, posting and / or any information in relation to the Product:

shall not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services

shall not pertain to Products of which you are not the lawful owner or you do not have the authority or consent to ‘list’ from those who own such Products

Seller acknowledges that it is unlawful to import items into India for the specific purpose of resale without complying with all applicable laws and regulations in such respect, which may without limitation include obtaining explicit authorisation from the brand owners and their partners. Seller acknowledges and agrees that any actual breach of this provision, or reasonable suspicion of breach as assessed by CFW, may result in being barred from further selling, with any such decision being made at CFW’s absolute discretion. CFW reserves the right to request information or documentation from any seller evidencing compliance with these terms.

shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party

shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party

shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986

shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms

shall not, directly or indirectly, offer, attempt to offer, import, trade or attempt to trade in any Products and services, the 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 and

shall not be placed in a wrong category or in an incorrect area of the Website

Listings for the same single item will not be duplicated on the website

The picture of the product uploaded on the Website shall be of as is condition of the Product and True representation of the product.

6.1.3 Where the Product(s) are listed at the Agreed Price, the Seller is obligated to sell the goods at the Listed Price to Buyers.

6.1.4 By listing a Product at Agreed Price, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. By posting a listing for the Agreed Price, you agree to complete the transaction as described by these Terms. You acknowledge that by not fulfilling these obligations, your action or inaction shall be legally actionable by CFW.

6.2 You acknowledge and agree that you are solely responsible for the Product which has been listed on the Website, the consequences of listing, transmitting, linking or publishing it on the Website. In connection with such Product listed on the Website, you affirm, acknowledge, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and offer for sale of such Product (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Product) and authorise CFW to list such Product on the Website as CFW deems fit.

6.3 CFW does not permit any copyright or trademark infringement on the Website, and CFW may, at its sole discretion, remove any infringing Product if properly notified that such Product infringes any third party intellectual property rights. CFW reserves the right to remove/delist any such Product without prior notice to the particular Seller.

6.4  For any transactions, which essentially take place outside of CFW platform, CFW will not be liable for any loss, claim or damage arising out of such transaction.

6.5 You shall click appropriate photos for your Product to be uploaded on the Website which may assist the Buyers in making an informed decision about the Product. In the event that a Product does not match the photos that have been uploaded in any manner whatsoever, CFW shall contact you and the sale procedure may take a longer time.

6.6 You must describe your Product(including the  price)and all terms of sale in your listing truthfully, accurately and reasonably completely. If you accept an offer, you shall complete the transaction with the Buyer unless the transaction is prohibited by law or these Terms, subject to the return procedure described below.

6.7 CFW may provide a video service to you if you upload photographs of your Product. By uploading these photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest that may be necessary to upload and use the photographs on this service. By offering up a photograph, graphic material or videos in relation to listing of Products on the Website, you provide CFW a royalty free exclusive license in relation to the intellectual property constituted therein, which license shall be for a term commencing from the date of listing until the expiry of 3 (three) months after the date on which the listing of the Products has ceased.

6.8 CFW reserves the right to list the merchandise on partner websites. We will make every attempt to obtain the highest possible selling price for the consigned merchandise, but shall have full control on final pricing the item. We reserve the right to add up to the selling price eventual shipping fees, duties and other related charges(if any ).

7. FACILITATION & REFERREL  Fees

7.1 As a consideration for the facilitation and marketing services provided by CFW to the Seller in the form of listing Seller’s Products on the Website, marketing, customer support, shipping and handling, product returns and online operational costs incurred, the Seller hereby agrees to pay CFW a commission fee or facilitation & marketing service fee on the original price quoted by Seller as below:

CFW reserves the right to List  the product  price.We offer 100% Free  pick-up and courier/insurance fees.

Closing Fee for all sold products
Closing Fee applied regardless of product value Applied only when a product is 100% confirmed soldINR  500
Commission on Sold Value for any items Excluding GSTCFW CommissionSeller Payout
Sold Value of & under INR 2 lacs for an individual product18% *82% **
Sold Value above INR 2 lacs for an individual product16% *84%**

** Seller payout excludes GST on CFW commission amount

 7.2 CFW reserves the right to change the facilitation & marketing fees at its discretion. Any changes in facilitation & marketing fee will be effected for the listings created on or after the fee changes are effected by publishing on the Website.

7.3 . Service Fee Payments

Fee details are described fully in the applicable Service Terms and Program Policies. You are responsible for all of your expenses in connection with this Agreement, unless this Agreement or the applicable Service Terms provide otherwise. For the CFW Site that you register for or use a Service in connection with, we may require you to submit valid credit card information from a credit card acceptable by CFW (with respect to such CFW Site, “Your Credit Card”) as well as valid bank account information for a bank account in your name that is with a bank located within India and enabled for Your Account (which functionality may be modified or discontinued by us at any time without notice) (with respect to the CFW Site, “Your Bank Account”). You will use only a name you are authoriSed to use in connection with the Service and will update such information as necessary to ensure that it at all times remains accurate and complete. You authorise us to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authoriSations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). At CFW’s option, all payments to you will be made to Your Bank Account, via cheque or electronic transfers or other means as specified by us. You agree that CFW shall not be liable for any failure to make payments to you on account of incomplete or inaccurate information provided by you with respect to Your Bank Account.

In addition to charging payable sums to Your Credit Card, we may instead choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency. If we discover erroneous or duplicate transactions, then we reserve the right to seek reimbursement from you by deducting from future payments owed to you, charging Your Credit Card, or seeking such reimbursement from you by any other lawful means; provided that the foregoing will not limit your rights to pursue any good faith dispute with CFW concerning whether any amounts are payable or due.

If we reasonably conclude based on information available to us that your actions and/or performance in connection with the Agreement may result in a significant number of customer disputes, chargebacks or other claims in connection with the CFW Site, then we may, in our sole discretion and subject to applicable Law, delay initiating any payments to be made or that are otherwise due to you under this Agreement for the shorter of: (a) a period of ninety (90) calendar days following the initial date of suspension; or (b) completion of any investigation(s) regarding your actions and/or performance in connection with the Agreement. You agree that we are entitled to the interest, if any, paid on balances maintained as deposits in our bank accounts.

8. TITLE TO THE PRODUCT

Title to and ownership in the Product will remain with the Seller until a Product Sale, (as defined). A “Product Sale” shall be deemed to have occurred when the Buyer has made the payment for the Product and the Product has been delivered to the Buyer unless the Product is returned by the Buyer for any reason whatsoever.

9. SHIPPING

9.1 Where the Product is in the possession of the Seller during the period of the Product listed on the Website, the Seller shall at all times ensure availability of the Product. Upon the confirmation of any purchase and sale transaction through the Website and payment of the required amount by the Buyer, CFW will schedule with the Seller an appropriate time for pick-up of the Product. A CFW Courier/shipping representative will visit the Seller for Product pickup. The  Seller shall make sure of the Product quality and condition with the Product description of the order. The Seller shall handover the Product to the CFW logistics/courier  representative  and the product will be shipped to the Buyer.

9.2 Where the product is in the possession of CFW during the period of the Product listed on the Website, CFW shall inform the Seller upon the confirmation of any purchase and sale transaction through the Website and payment of the Listing price (“Selling Price”) by the Buyer. CFW shall pack, transport and deliver the Products to the Buyer in accordance with standards of due care and safety.

9.3 The Buyer shall have 1 day  (24 hours) from the date of delivery to confirm appropriate receipt. The Buyer must report or raise any dispute on the delivered products within 1 day  (24 hours) . If the Buyer does not respond within such time period, the Product will be deemed accepted and no further refund claim shall be processed.

10. PAYMENT

10.1 For all orders placed on the Website for the Product(s) listed, payments shall be collected by CFW on behalf of the Seller, in the mode (i.e., payment gateway or cash on delivery) as opted for by the Buyers. The cash on delivery payment option shall be allowed upto Rs. 2,000 (Rupees two thousand only) or such other amount as determined by CFW. You hereby authorise CFW to process, facilitate, collect and remit payments to You, (collected either electronically or through cash on delivery), from the Buyers in respect of Product Sale through the Website. You also agree that, in doing so, CFW will be merely acting as your limited agent with the sole intent and purpose of facilitating the sale and purchase of Products through the Website. You also agree that the payment facility provided by CFW is neither a banking service nor a financial service but is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorised banking infrastructure and credit card payment gateway networks or payment through cash on delivery, for the transactions on the Website. Further, by providing the payment facility, CFW is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website.

10.2 Once the product is sold and buyer has not disputed the order or product, Seller will be intimated. Upon receipt of confirmation from the Buyer that it has satisfactorily received and accepted the purchased Product, CFW shall initiate payment and the funds will be transferred into sellers account in 10 banking days or longer at the end of buyer’s order dispute period, i.e., One day after the receipt of the delivery of the product.

10.3 The payment for the Product to the Seller shall be made after deducting the applicable taxes, and subject to such deductions and fees as may be notified by CFW to Sellers from time to time. Where the refund process has been initiated for the Product Sale as per clause 10.2 of this Agreement, the payment to the Seller for such Product Sale shall not be made and the Product shall be returned to the Seller on successful receipt from the Buyer.

11. RETURN OF PRODUCT

11.1 At any time during the period of this Agreement, the Seller may choose to immediate removal of all or some of the Products from Website, the Seller must inform to CFW with Fifteen days Prior written notice. All costs of removing and returning the Product will be borne in accordance to the mutual agreement arrived by the Seller and CFW if Applicable.

11.2 At any time during the period of this Agreement, CFW has the discretion to remove all or some of the product listings in the event if some or all the products listed by the seller are found to be inauthentic or potentially inauthentic. In such a event, all costs of removing and returning the Product will be borne by the Seller and CFW shall have no obligation to return such items unless and until the Seller has provided for shipping at its sole expense.

11.2 Within 24 Hours of Product Sale if the Buyer requests for a refund due to acceptable reasons, the same shall be intimated to the Seller and the refund process shall be initiated.

12. INTELLECTUAL PROPERTY RIGHTS /LICENSE 

12.1 The CFW name and logos are trademarks and service marks of CFW(collectively the “CFWTrademarks”). Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CFW. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CFW Trademarks displayed on the Website, without CFW’s prior written permission in each instance.

12.2 CFW will not be liable for any claim against any such logo or intellectual property rights of any third party in relation to the brands of the Products listed on the Website and any such infringing content may be removed by CFW at its sole discretion.

12.3 You grant us a royalty-free, non-exclusive, worldwide right and licence for the duration of your original and derivative intellectual property rights during the Term and for as long thereafter as you are permitted to grant the said licence under applicable Law to use any and all of Your Materials for the Services or other CFW product or service, and to sublicense the foregoing rights to our Affiliates and operators of CFW Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using the standard functionality made available to you via the applicable CFW Site or Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your Affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).

13. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS

13.1 You acknowledge and agree that CFW shall not be liable for your direct interactions with any organisations and/or individuals on the Website. This includes, but is not limited to, payment and delivery of Products and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organisations and/or individuals. These dealings are solely between you and such organisations and/or individuals.

13.2 You agree and acknowledge that CFW shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such direct dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that CFW is under no obligation to become involved in such dispute.

13.3 In the event that you have a dispute with one or more other users, you hereby release CFW, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

14. DISCLAIMER OF WARRANTIES

14.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

14.2 You warrant that the goods are free, and at the time of delivery or after the delivery will be free, from any security interest or other lien or encumbrance. Seller warrants that there are no outstanding titles or claims of title hostile to the rights of Seller on the Goods.

To the fullest extent permitted by law, CFW, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. 

14.3 CFW makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any third party websites linked to the Website and assumes no liability or responsibility for any:

(i) errors, mistakes, or inaccuracies of content,

(ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and service, 

(iii) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein, 

(iv) any interruption or cessation of transmission to or from the Website,

(v)any bugs, viruses, trojan, or the like which may be transmitted to or through the website by any third party, and/or

(vi)any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service.

14.4 CFW does not warrant, endorse, guarantee, or assume responsibility for any Product or service advertised or offered by you through the Website or any hyperlinked website or featured in any banner or other advertising, and CFW will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of Products or services. All the Products listed by you on the Website shall be on an “as is” basis for the Buyers and CFW shall not provide any warranties in respect of any Product listed by you nor shall CFW be liable to any Buyer who claims any damage or loss on purchase of your Product.

15. LIMITATIONS OF LIABILITY

15.1 IN NO EVENT SHALL CFW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CFW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CFW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

15.2 In no event shall CFW, its officers, directors, employees, or agents be liable for any claims or damages arising out of the sale of your Products on the website and you acknowledge that you shall be solely responsible and liable for any such claim arising out of or in connection with your product sold to the Buyers. Further, CFW shall not be liable for any loss or damages caused to you for any Product remaining unsold or Products returned by the Buyer.

15.3 CFW reserves the complete rights to withhold the payments to and consigned inventory of the seller for whatsoever the reasons, including but not limited to the following 

a) CFW is notified in any manner about the seller’s fraudulent or inappropriate conduct with CFW’s employees, vendors, partners, contractors or any person associated with CFW business.

 b) CFW has a reason to believe the products are stolen or misrepresented as per the clause 14

16. TERM AND TERMINATION

16.1 This Agreement may be in force until terminated as per this Clause 15.

16.2 You acknowledge and agree that CFW, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard your Product listed on the Website for any reason or no reason at all, including, without limitation, if CFW believes that you have violated these Terms.

16.3 Upon termination, you shall not use the services of the Website in any manner whatsoever, including without limitation to list your Products.

16.4 Any rights, responsibility and obligation of You and/or CFW arising before termination shall survive termination. Clauses pertaining to INTELLECTUAL PROPERTY RIGHT, INDEMNITY and GOVERNING LAW AND DISPUTES, DISCLAIMER AND WARRANTY or any other clause which by its nature requires surviving termination shall survive termination.

17. INDEMNITY

You agree to indemnify and hold CFW, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by the Buyer or any third party due to or arising out of the listing or sale of your Products, or for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation or due to breach of representations made by You to CFW.

18. ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CFW without restriction. Any assignment or transfer by you shall be null and void.

19. GOVERNING LAW AND DISPUTES

These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the business or Website.

20. SPECIFIC PERFORMANCE

The parties shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.

21. INDIRECT AND CONSEQUENTIAL LOSSES

Save as expressly provided otherwise in this Agreement, neither party shall be liable under or in connection with this Agreement for any loss of income, loss of profits or loss of contracts, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

22. RELATIONSHIP

This agreement has been entered between You and CFW on Principal to Principal basis. None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and CFW and you shall have no authority to bind CFW in any manner whatsoever.

23. GRIEVANCE OFFICER

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the 

Grievance officer are mentioned below.

24.12. Force Majeure 

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

25.11. Confidentiality and Personal Data

During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 8 years after termination: (a) all Confidential Information will remain CFW’s exclusive property except for customer personal data owned by the respective customer; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not, and will cause your affiliates not to, directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates, except as required to comply with law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfil your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity.  You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may only use the CFW Mark as defined in and according to the Trademark Usage Guidelines available in Seller Central; you may not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission

Grievance Officer are provided below:

Mr. Yuvraj

CFW

Mumbai – 400053

Phone: 8976600010

[email protected]

BANNED PRODUCT CATEGORIES

Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.

Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.

Body parts which includes organs or other body parts.

Bulk marketing tools, which include email lists, software, or other products enabling unsolicited email messages (spam).

Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.

Child pornography which includes pornographic materials involving minors.

Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.

Copyrighted media which includes unauthorised copies of books, music, movies, and other licensed or protected materials.

Copyrighted software which includes unauthorised copies of software, video games and other licensed or protected materials, including OEM or bundled software.

Counterfeit and unauthorised goods which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorised goods.

Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.

Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.

Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.

Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.

Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.

Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.

Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.

Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.

Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts; and/or c) Promote intolerance or hatred.

Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.

Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.

Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.

Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.

Securities, which includes stocks, bonds, or related financial products.

Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.

Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products.

Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.

Wholesale currency which includes discounted currencies or currency exchanges.

Live animals or hides/skins/teeth, nails and other parts etc. of animals.

Multi Level Marketing collection fees.

Matrix sites or sites using a matrix scheme approach.

Work-at-home information.

Drop-shipped merchandise.

Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.

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