Kurla Supermarket

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Terms and Conditions

This document is published in accordance with the provisions of Rule 3(1) of the Information

Technology (Intermediaries guidelines) Rules, 2011 which require the publishing of the rules and

regulations governing the use and access of www.delphicart.com.

1. INTRODUCTION

1.1 These terms and conditions ("Terms and Conditions") and all applicable Policies (as

defined below)which are herein incorporated by way of reference govern your rights and obligations

as a User(defined below) of the DELPHICART.COM.online Platform(defined below) while accessing

and using the DELPHICART.COM.online Platform and/or availing the Services (defined below)

and/or Indirect Services (defined below), a company incorporated under the provisions of the

(Indian) Companies Act, 2008, having its registered office at No1, Parameswaran Nagar 2

Street

Sholinganallur Chennai 600 119, ("DELPHICART.COM") and through the web

(www.delphicart.com.online) or any other portal/subdomain as may be launched from time to time

including mobile and web applications and voice integration.) ("DELPHICART.COM Platform") to

Users from time to time. Any reference to "you" or "User" or "User" in these Terms and Conditions,

means you, the User of the DELPHICART.COM Platform, buying or selling the Products (below)

and/or availing any of the Services and/or Indirect Services available on the DELPHICART.COM

Platform.

1.2 As a User, your access to and use of the DELPHICART.COM.Online Platform are always

conditional upon your acceptance of and continuous compliance with these Terms and Conditions.

By accessing, browsing and/or using the DELPHICART.COM.Online Platform and/or availing any of

the Services and/or Indirect Services, you agree to be bound by these Terms and Conditions and all

rules, guidelines, policies, terms and conditions applicable to the DELPHICART.COM.Online

Platform and/or Services and/or Indirect Services being provided by DELPHICART.COM.Online

("Policies"), as may be modified by DELPHICART.COM.Online from time to time, which shall be

deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all

times. DELPHICART.COM.Online shall have the sole right to change, modify, add or remove these

Terms and Conditions or any of its Policies relating to the provisions of Services and/or Indirect

Services on the DELPHICART.COM.Online Platform, at any time without any prior written notice or

intimation. It is hereby clarified that each User shall be responsible for reviewing the Terms and

Conditions and Policies on the DELPHICART.COM.Online Platform periodically and keep updated.

2. User Eligibility

2.1 The Services and the Indirect Services on the DELPHICART.COM.Online Platform are

only available to persons who are competent to enter legally binding contracts under the Indian

Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the

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provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not

eligible to use the DELPHICART.COM.Online Platform ("User"). Any person using the Services

and/or the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, represents and

warrants that it is duly authorized to accept the Terms and Conditions and the Policies by the User

and that such person has the authority to bind the User to these Terms and Conditions and the

Policies.

3. Services

3.1 DELPHICART.COM.Online Platform

DELPHICART.COM.Online Platform is a platform provided by DELPHICART.COM to its Users to list

their Products on the DELPHICART.COM.Online Platform and to buy the Products listed on the

DELPHICART.COM.Online Platform by various Users registered with DELPHICART.COM.Online. It

is hereby clarified that DELPHICART.COM.Online is not a party to any transaction between the

Users (being a User buying a Product and being a User selling its Products) of the

DELPHICART.COM.Online Platform and shall not be responsible in any manner whatsoever for any

representations made by a User on the DELPHICART.COM.Online Platform.

3.2 Listing on the DELPHICART.COM.Online Platform

3.2.1 DELPHICART.COM.Online provides the Users with the DELPHICART.COM.Online

Platform to display and showcase merchandise/tangible products manufactured and/or distributed by

the Users and intangible products such as digital content through various media including but not

limited to audio content, video content, games, etc., distributed by third parties ("Products") and for

sale and purchase by other Users ordering and buying the Products on the

DELPHICART.COM.Online Platform. DELPHICART.COM.Online shall also provide such other

services as may be included and modified by DELPHICART.COM.Online from time to time.

DELPHICART.COM.Online may charge the User selling the Products, for the Services and/or the

Indirect Services rendered from time to time. The fees payable by the User selling the Products, may

include, listing fees, evaluation fees, commission on the Product sold, transaction processing fees,

integration fees, any other fees as may be levied from time to time in relation to the Services and/or

Indirect Services availed by such User. The Services and Indirect Services are governed by these

Terms and Conditions and all applicable Policies of the DELPHICART.COM.Online Platform, as may

be amended from time to time and shall be deemed to be incorporated in these Terms and

Conditions by way of reference. Unless expressly stated otherwise, any new features that augment

or enhance the current Services and/or Indirect Services shall be subject to these Terms and

Conditions.

3.2.1 Local Listing and National Listing

The Users selling the Products (excluding intangible Products) can list the Products for sale in

the local areas as specified by DELPHICART.COM.Online from time to time and for national listing,

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subject to such User paying the appropriate Seller TopUp Amount (as defined below) and meeting

the following eligibility criteria:

(i) Local listing: The User should be a retailer, trader or wholesaler selling the Products in the

local areas specified by DELPHICART.COM.Online and shall provide the Products to the

DELPHICART.COM.Online logistic partner within the timelines specified by

DELPHICART.COM.Online from time to time, to ensure that the Products are delivered to a User

buying the Products, on the next day of such order being placed;

(ii) National listing: The User should be a manufacturer, importer or brand owner of the

Products.

3.3 Delivery of Products

3.3.1 DELPHICART.COM.Online shall undertake delivery of the Products (excluding intangible

Products) ordered by a User buying the Products on the DELPHICART.COM.Online Platform either

directly or indirectly through its logistic partners ("DELPHICART.COM Distribution Network").

DELPHICART.COM.Online shall through the DELPHICART.COM Distribution Network, pick-up the

Products from the User selling the Products (excluding intangible Products) and deliver such

Products (excluding intangible Products) to the User buying the Products (excluding intangible

Products) in accordance with delivery and shipping policy of the DELPHICART.COM.Online Platform

provided under Section 8 herein below.

3.3.2 In case of intangible Products such digital content, the User buying the Product shall view

and/or download the Product from the DELPHICART.COM.Online Platform or such third party web

platform that the User may be directed to through the DELPHICART.COM.Online Platform. Once the

User buying the Product views and/or downloads such intangible Product, the delivery of the Product

for the purposes of these Terms and Conditions shall stand completed.

3.4 Indirect Services

3.4.1 In addition to providing a platform to the Users for listing the Products on the

DELPHICART.COM.Online Platform, DELPHICART.COM.Online shall from time to time provide

additional services including setting up web platforms or e-commerce platforms for Users to directly

display and showcase its Products, create advertising space wherein Users can advertise their

Products ("Indirect Services"). The list of Indirect Services may be amended and modified by

DELPHICART.COM.Online from time to time at its sole discretion and option. The User hereby

agrees and undertakes that such Indirect Services may be offered by DELPHICART.COM.Online

from time to time at such additional charge as may be intimated to the User availing the Indirect

Services from time to time.

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3.4.2 As part of the Indirect Services, DELPHICART.COM.Online may either directly or through

third party service providers offer Indirect Services which shall include setting up independent web

platforms or e-commerce platforms, integration on Facebook page for Users, providing

advertisement space for increasing the visibility of a User on the DELPHICART.COM.Online

Platform, third party web platforms, newspapers, radio and such other medium and other financial

consultancy and lesioning services as may be intimated and offered by DELPHICART.COM.Online

from time to time as part of its Indirect Services. In order to avail these Indirect Services, the User

shall be required to provide certain additional information or signing up fees and/or service fee as

may be required by DELPHICART.COM.Online from time to time. DELPHICART.COM.Online shall

have the absolute right to use this information, including providing such information to a third-party

service provider engaged by DELPHICART.COM.Online for providing the Indirect Services. It is

hereby clarified that for the Indirect Services availed by an User which is to be provided by third

party service providers, the User shall in addition to these Terms and Conditions and Policies will

also be governed by the terms and conditions as may be agreed upon between

DELPHICART.COM.Online and the third party service provider, and the User availing such

additional services through DELPHICART.COM.Online shall at all times be bound by the terms and

conditions agreed between DELPHICART.COM.Online and the third party, and in this regard the

User authorizes DELPHICART.COM.Online to accept such additional terms and conditions of a third

party service provider on its behalf. DELPHICART.COM.Online makes no representations and

warranties as to the safety of the information transmitted to any third party providing the

aforementioned Indirect Services and DELPHICART.COM.Online shall not in any manner be liable

either to the User or to the third party in this regard.

3.5 Payment gateway services and delivery of Products

3.5.1 In the event the Products (excluding intangible Products) listed by a User on the

DELPHICART.COM.Online Platform are directly purchased from such User, then upon receipt of a

prior written request from such User selling the Product, DELPHICART.COM.Online may at its

discretion facilitate/arrange associated services for such User including, payment gateway services

for the payment and logistical support for pickup and delivery of the Products in relation to a sale

solicited through the DELPHICART.COM.Online Platform, which shall be governed by these Terms

and Conditions and a fee, as intimated by DELPHICART.COM.Online from time to time, shall be

payable by the User being the seller to DELPHICART.COM.Online as per the Terms and Conditions

and the Policies.

3.6 The aforementioned Services and Indirect Services are governed by these Terms and

Conditions and applicable Policies of the DELPHICART.COM.Online Platform, as may be amended

from time to time and as will be incorporated in these Terms and Conditions and the Policies by

reference. Unless expressly stated otherwise, any new features that augment or enhance the current

Services shall be subject to these Terms and Conditions.

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4. Terms of Use

4.1 Use of the DELPHICART.COM.Online Platform

4.1.1 It is hereby clarified that all Products listed by the Users and/or a third Party and the content

advertised are provided by the Users registered with the DELPHICART.COM.Online Platform and/or

a third party and are third party user generated content. The User agrees and acknowledges that it

has had the opportunity to independently investigate, analyze and construe the business opportunity

being offered under these Terms and Conditions.

4.1.2 The User, selling its Products, shall at its own, provide all relevant material and price

information/deals and offers related to the Products to DELPHICART.COM.Online for including the

said information and details on the DELPHICART.COM.Online Platform. All such information shall

be provided to DELPHICART.COM.Online at least 5 days in advance of listing the Products on the

DELPHICART.COM.Online Platform and shall be in the manner prescribed by

DELPHICART.COM.Online from time to time.

4.1.3 The User, selling the Products, shall duly comply with all requirements specified in these

Terms and Conditions and all other applicable Policies of the DELPHICART.COM.Online Platform

as may be amended from time to time by DELPHICART.COM.Online

4.1.4 The User, selling the Products, shall not offer out-of-stock or expired Products for sale and

shall be solely liable for quality, quantity, efficiency and the User's ability of selling the Products.

DELPHICART.COM.Online shall not be responsible for the quality, quantity, stability, or other

specifications of the Products offered to be sold and purchased on the DELPHICART.COM.Online

Platform. DELPHICART.COM.Online shall not be responsible for any errors or omissions in relation

to the Products.

4.1.5 The User, selling its Products, shall be solely responsible for accuracy of all information

and/or validity of the prices and any other charges and/or other information relating to the Products

offered on the DELPHICART.COM.Online Platform. The rates provided to

DELPHICART.COM.Online for display on DELPHICART.COM.Online Platform shall always include

all applicable taxes, Fees, charges and any other payments due to any other parties by the User.

The User selling its Products on the DELPHICART.COM.Online Platform agrees that it shall keep

DELPHICART.COM.Online indemnified as per Section 9 of these Terms and Conditions.

4. 1.6 The User, selling a Product, confirms and undertakes ownership of the Products and

confirms that it shall at all times have marketable and legal ownership and title in respect of all

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Products offered on the DELPHICART.COM.Online Platform and shall pass on marketable and legal

ownership and title to User buying the Product upon completion of Transaction.

4.1.7 A User, selling the Products, shall inform DELPHICART.COM.Online of the terms of sale of

its Products and conform to the return and refund policy as specified in Section 9 of these Terms

and Conditions and the Delivery and Shipment Policy displayed on the DELPHICART.COM.Online

Platform offered by DELPHICART.COM.Online for completing Transactions.

4.1.8 A User selling the Products on the DELPHICART.COM.Online Platform shall comply with all

applicable laws and regulations in offering the Products and shall ensure that all requisite approvals,

licenses and registrations as required under applicable laws and regulations are kept in full force and

effect to enable such User to offer the Products for sale through the DELPHICART.COM.Online

Platform and will not do or permit anything to be done which might cause or otherwise result in a

breach of these Terms and Conditions and Policies or cause any detriment to the Transactions

herein envisaged.

4. 1.9 All complaints relating to the Products purchased from the DELPHICART.COM.Online

Platform shall be routed through the User complaint/redressal mechanism provided on the

DELPHICART.COM.Online Platform. The User being the seller shall be responsible to resolve any

complaints regarding the Product that may be raised by User being the buyer and other complaints

to the satisfaction of the User being the buyer. DELPHICART.COM.Online shall only be the

facilitating link between the User buying the Products and the User selling the Product for any

complaints in relation to the Products sold. The User selling its Products agrees and confirms that all

customer complaints, Product complaints and Transaction failure complaints shall solely be to its

account and it shall undertake all necessary steps as may be required as per the

complaint/redressal mechanism of DELPHICART.COM.Online to resolve the complaints at its own

initiative and cost. Further, such User acknowledges that DELPHICART.COM.Online shall not in any

way be responsible for ensuring resolution of the complaints and DELPHICART.COM.Online shall

not in any manner either directly or indirectly be liable for any claims made by an User in relation to

the Products provided on/ through the DELPHICART.COM.Online Platform.

4. 1.10 The User does hereby specifically agree that it shall, at all times, comply with the

requirements of the Information Technology Act, 2000 ("IT Act") as also rules, regulations,

guidelines, byelaws and notifications made thereunder, [while assessing or feeding any

information/data into the computers, computer systems or computer network of DELPHICART.COM.

The User does further unequivocally declare that in case of any violation of any provisions of the IT

Act and/or rules, regulations, guidelines, byelaws and notifications made thereunder, the User shall

be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User

alone shall be liable for civil and criminal liability there under or under any other law for the time

being in force.

4. 1.11 The User shall keep confidential, all information it receives by transacting on the

DELPHICART.COM.Online Platform. Breach of this Section and terms of the Privacy Policy

displayed on the DELPHICART.COM.Online Platform by a User will be considered a material breach

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and result in immediate discontinuation of the Services and/or Indirect Services by

DELPHICART.COM.Online to such User. Breach of confidentiality provisions by a User shall cause

immediate termination and appropriate legal action being initiated against such User by

DELPHICART.COM.Online

4. 1.12 The User acknowledges that it shall take all precautions as may be directed by

DELPHICART.COM.Online to ensure that there is no breach of security and integrity of the

DELPHICART.COM.Online Platform. DELPHICART.COM.Online shall not be responsible for any

loss incurred by a User for a failed / incomplete Transaction on the DELPHICART.COM.Online

Platform.

4. 1.13 The User acknowledges that DELPHICART.COM.Online has no connection or interest

whatsoever in the business of the User and/or third party selling the Products on the

DELPHICART.COM.Online Platform or the Products marketed by such Users and/or third party and

DELPHICART.COM.Online does not in any manner take part in the business of the User and/or third

party, directly or indirectly and is not responsible for the Products provided by the User and/or third

party. A User buying a Product hereby acknowledges that before placing an order for a Product the

User being the buyer has performed a diligence and background check of the User and/or third party

selling the Product and is entering into the Transaction being aware of the Terms and Conditions.

The User further acknowledges that Services and Indirect Services being provided by

DELPHICART.COM.Online is being provided by it as an independent contractor, and

DELPHICART.COM.Online is in no manner acting as an agent of either the User or of the third

party.

4. 1.14 The User acknowledges that the DELPHICART.COM.Online Platform shall provide

information pertaining to other Users and/or third party availing the Services and/or Indirect Services

and information pertaining to DELPHICART.COM.Online. The User hereby agrees that it shall not

copy, modify, distribute or misuse any information provided on the DELPHICART.COM.Online

Platform for its personal use or gain. The User acknowledges that DELPHICART.COM.Online is the

sole and rightful owner of the Intellectual Property and the User agrees not to register, use or file in

its own name or in the name of any other person or company any trademarks same or similar or

resembling in any manner the Intellectual Property and not to associate the Intellectual Property with

its own business, except for the purpose as specified in these Terms and Conditions. "Intellectual

Property" shall mean any and all property in any name, signature, word, letter, numeral or any

combination thereof, Trademark, brand name, service mark, trade name, design, logo, know-how,

trade secrets whether registered or not, belonging to DELPHICART.COM.Online

The User further acknowledges that DELPHICART.COM.Online may collect, transfer, store and use

the information provided by such User on the DELPHICART.COM.Online Platform for the purpose of

providing the Services and the Indirect Services.

4.1.15 The User acknowledges that DELPHICART.COM.Online liability with respect to the

Services and Indirect Services shall be limited and shall be as per these Terms and Conditions.

DELPHICART.COM.Online reserves the right, in its sole discretion and without assigning any

reason, to exclude certain Products offered by a User from being displayed for sale on the

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DELPHICART.COM.Online Platform, wherein such Products are deemed unfit or unsuitable by

DELPHICART.COM.Online at its sole discretion.

4. 1.16 The User agrees and confirms that the sole and exclusive responsibility and obligation of

DELPHICART.COM.Online is to ensure that the Services and Indirect Services are being provided in

compliance of all applicable laws, rules and regulations.

4. 1.17 The User acknowledges that the services to the DELPHICART.COM.Online Platform may

be interrupted while browsing, transacting, using or uploading information on the

DELPHICART.COM.Online Platform. The User further agrees that DELPHICART.COM.Online

reserves the right to suspend the Services and/or Indirect Services, forthwith without assigning any

reason whatsoever, at the sole discretion of DELPHICART.COM.Online

4.1.18 The User agrees that, if it does not agree to the applicability of any of the Terms and

Conditions and the Policies contained herein or other Policies on the DELPHICART.COM.Online

Platform, then the only remedy a User shall have will be to not use the Services and discontinue

using its account on the DELPHICART.COM.Online Platform. However till such time that the User

uses the DELPHICART.COM.Online Platform and avails the Services and/or the Indirect Services it

shall be deemed that the User agrees to and shall continue to adhere and abide by the Terms and

Conditions and the Policies.

4. 1.19 The User agrees and confirms that the payment gateway and logistic support services are

being provided by DELPHICART.COM.Online on a best-efforts basis with all efforts to keep these

valid and subsisting. DELPHICART.COM.Online shall not in any manner be liable to a User for

failure or delay in providing these Indirect services.

4.1.20 A User will be required to provide a valid phone number in order to avail the Services and/or

Indirect Services provided by DELPHICART.COM.Online including and not limited to placing orders

for buying the Products. By registering their phone number with DELPHICART.COM.Online, the

User consents to be contacted by DELPHICART.COM.Online via phone calls and/or SMS

notifications, in case of any order or shipment or delivery related updates.

4.1.21 The User undertakes and agrees not to host, display, upload, modify, publish, transmit,

update or share any information that:

(i) belongs to another person and to which a User does not have any right to;

(ii) is grossly harmful, harassing, derogatory, slanderous, blasphemous, defamatory,

obscene, pornographic, pedophilic, libelous, threatening, invasive of another's privacy, hateful, or

racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling,

or abusive in any nature or any information that advocates violence against any individual or group

or is otherwise unlawful in any manner whatever;

(iii) harms minors in any way

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(iv) infringes any patent, trade secret, trademark, copyright or other proprietary rights or

rights of publicity or privacy of any third-party;

(v) violates any law for the time being in force;

(vi) deceives or misleads the addressee about the origin of such messages or

communicates any information which is grossly offensive or menacing in nature;

(vii) impersonates another person or includes identity documents and/or personal

information including financial details;

(viii) contains software viruses or any other computer code, files or programs designed to

interrupt, destroy or limit the functionality of any computer resource or transmits, through any

medium, computer viruses of any kind including Trojan horses, worms, time bombs, cancel bots,

easter eggs or any other computer program which facilitates hacking of computer system with the

intent of damaging or interfering with any computer system or computer network or intercepts any

system, information or personal data;

(ix) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations

with foreign states, or public order or causes incitement to the commission of any cognizable offence

or prevents investigation of any offence or is insulting any other nation;

(x) relates to prostitution or any other service in the nature thereof that purports to violate

the provisions of the Immoral Traffic (Prevention) Act, 1956 and the Indecent Representation of

Women (Prohibition) Act, 1986 and/or any prevailing reasonable standards of morality and decency;

(xi) any information that is fraudulent, misleading and/or misrepresenting as to the nature of

the goods and services or pertain to the sale of any illegal, counterfeit, stolen or unauthorized goods

and/or services.

4.1.22 The User, and/or third party selling the Products on the Site shall ensure, at all times, that

any of its Products which are listed on the DELPHICART.COM.Online Platform is not:

(i) alcoholic beverage, liquor, tobacco product, drug, narcotic, any psychotropic substance,

medicine, intoxicant of any nature, any substance of curative nature, any good or service which is

prohibited under any law in force including but not limited to the Drugs and Cosmetics Act, 1940, the

Narcotic Drugs and Psychotropic Substances Act, 1985, the Indian Penal Code, 1860 and the Drugs

and Magic Remedies (Objectionable Advertisements) Act, 1955;

(ii) any living or dead body of any human being and/or any part of human being preserved in

natural or artificial manner, including but not limited to blood, organ or bodily fluids;

(iii) any living or dead body of any creature and/or any part of the creature preserved in

natural or artificial manner, including but not limited to rugs, skins, specimens of any creature,

antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, any animal product which is prohibited

from being sold and/or bought under any law in force including but not limited to the Wildlife

Protection Act, 1972 or the Environment (Protection) Act, 1986;

(iv) any object and/or information including but not limited to books, artifacts, idols, scriptures

or paintings which is in relation to any religion or belief and/or is likely to involve and/or evoke, in any

manner, religious sentiments of any individual or group;

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(v) any cinematograph, video, graphic or any other material the display, use, public exhibition

and/or sale of which is prohibited under any law in force and/or includes any subject-matter which

offends the prevailing reasonable standards of morality, decency and/or propriety or is likely to be

repulsive or offensive in any manner whatsoever so as to deprave any individual's mind;

(vi) any artifact, antique or any material treated as a treasure the use, storage or collection of

which is prohibited under any law in force including the Antiquities and Art Treasures Act, 1972;

(vii) any good, object, service or material which is counterfeit, stolen, unauthorized, illegal

and/or pirated;

(viii) any good, object, service or material which is likely to infringe or pass off any third-party

intellectual property or is likely to interfere, in any manner whatsoever, with a third-party's right to

privacy and/or publicity;

(ix) is hazardous or dangerous in nature or is likely to cause harm to any person's body or

property including but not limited to hazardous chemicals, pesticides and/or any other material found

or used in fireworks, explosives and/or destructive devices;

(x) any weapon or item which is likely to inflict harm on an individual's body and/or property

including but not limited to firearms or any of its parts, ammunitions, tear gas, switchblade knives, or

any other device or item prohibited under any law in force including but not limited to the Indian Arms

Act, 1959;

(xi) a lottery ticket, sweepstakes entry, slot machine or any other device, object or service

related to gambling or a similar activity;

(xii) any item which does not conform to the prescribed standards under any law in force

including but not limited to the Food Adulteration Act, 1954;

(xiii) any item which is or has, in any part, Government symbols, emblems, items or insignia

including military badges, uniforms and any other material, symbol or item the use of which is limited

or prohibited under any law in force including but not limited to the Emblems and Names (Prevention

of Improper Use) Act, 1950 and the Flag Code of India, 2002;

(xiv) any security within the meaning of the Securities Contract Regulation Act, 1956,

including but not limited to shares, bonds, debentures and/or any other financial instrument or asset

of any description;

(xv) any scheme which is listed for the purpose of defrauding other users including but not

limited to pyramid schemes, multi-level marketing and those schemes which are abusive, duplicate,

fraudulent and/or spam; or

(xvi) any offensive material intended for use in any sexual setting, display of sexual activity,

material relating to items intended for use in sexual activity including Products with graphic adult

language.

(xvii) any other product, item, material or service which, as per the sole and absolute

judgment of DELPHICART.COM.Online

(a) is inappropriate;

(b) is listed under the improper or wrong category of products;

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(d) involves incorrect location or city of listing; or

(e) involves international listing.

4.1.2 The User and/or third party, listing and/or selling its Products on the

DELPHICART.COM.Online, Platform explicitly acknowledges and agrees that

DELPHICART.COM.Online has the right to remove any of the Products listed by the User and/or

third party on the DELPHICART.COM.Online Platform in the event the Product falls under any of the

above-mentioned categories, as per the sole and absolute discretion of DELPHICART.COM.Online.

4.2 Fee and Delivery Fee

4.2.2 DELPHICART.COM.Online will charge a transaction fee of 3% of the value of a transaction

per Transaction in the case of a local listing and 4% in case of Mobile and Tablets and 7% of the

value of a transaction per Transaction in the case of a national listing other than Mobile and Tablets

plus service tax ("Fee"). The above Fees/commission is subject to change from time to time and is

on the sole discretion of Company. In this regard a "Transaction" shall mean once a Product is

delivered to the User being the buyer and the User is satisfied with the Product received by it and

does not return the Product to the User being the seller.

4.2.3 In the event, in the case of a national listing, the User selling the Products shall have the

option to not pay the Seller TopUp Amount at the time of availing the Services and

DELPHICART.COM.Online shall have the right to deduct the Fee directly from remittances made by

the User buying the Products. In such cases, the Fee payable for the Services being provided by

DELPHICART.COM.Online shall be paid as per these Terms and Conditions.

4.2.4 The User selling the Products, hereby undertakes and agrees that any claim in relation to

the reconciliation of his/her account shall be raised by such User within 90 (Ninety) days from the

date of settlement of its account in accordance with these Terms and Conditions . It is hereby

clarified that any claim raised after the completion of the aforementioned 90 (ninety) day period, shall

be invalid and DELPHICART.COM shall have no liability in this regard.

4.2.5 In case of a national listing, if a User selling the Products, opts to deliver the Products

through the DELPHICART.COM Distribution Network, DELPHICART.COM shall have the right to

levy additional delivery fees as per the slab below, which will be deducted from the remittance made

by a User buying the Products, in relation to a Transaction ("Delivery Fee"):

Further, all service tax, entry tax, Octroi and other taxes shall be deducted from the remittance made

by a User being the buyer of the Product in addition to the delivery fee.

It is hereby clarified, in case of a local listing, all Products shall be delivered through the Papa’ s

DELPHICART.COM Distribution Network

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4.2.6 The aforementioned Fee and Delivery Fee terms shall not be applicable for third parties

providing the intangible Products through the DELPHICART.COM.Online Platform and the same

shall be governed by the agreement executed between such third party and DELPHICART.COM

5. RIGHTS AND OBLIGATIONS OF THE USER BEING SELLER

5.1 The User and/or third party selling the Products, shall be solely responsible for:

5.1.1 procuring and keeping all licenses, registrations, authorizations and clearances under

applicable laws valid with respect to the Products and the business carried on by the User selling the

Products, from time to time, including all municipal local, state and central registrations and permits

for safe storage of the Products within the designated area, sales tax registrations etc.

5.1.2 all statutory compliances and timely payment of all statutory dues, including and not

limited to taxes, cesses etc. relating to sale of Product by the User and/or third party being seller to

the User being buyer through the DELPHICART.COM.Online Platform/User/third party site, as and

when the dues become payable to the relevant statutory authorities.

5.1.3 the clearance of the Products from customs in case of imported Products, clearance of

Products in case of inter-state movement and timely filing of all statutory returns including sales tax

returns; obtaining sales tax assessment orders etc. at its own cost and expense (if applicable); and

5.1.4 providing standard manufacturers or seller warranty associated with the Products. The

User being seller shall issue a suitable, duly stamped, manufacturer's warranty card to the User

being buyer with the Product (if applicable).

5.2 The User hereby agrees to accept all returns of the Products (excluding intangible

Products) which are refused/not delivered to/not accepted by a User buying the Products, at the time

of delivery in accordance with the terms of Section 9 of these Terms and Conditions.

DELPHICART.COM will not charge anything for RTO/Return shipments to User. In the event the

Product is not delivered to the User buying the Product, the same shall be returned to the User being

seller. In the event of any Product returned by the User being buyer, the DELPHICART.COM shall

be entitled to refund the payment made by the Buyer and adjust it from the amount payable by

DELPHICART.COM to the User being seller. The User being seller hereby agrees that any Product

which is returned by the User being buyer shall be delivered within a period of 60 (Sixty) days from

the date of pickup of such Product from the User being seller

5.3 The User unless specifically provided for in any other agreement executed between the

User and/or third party and DELPHICART.COM.Online in relation to the Services and/or Indirect

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Services, shall comply with all these Terms and Conditions and the Policies pertaining to the use of

DELPHICART.COM.Online Platform, which are available on www. DELPHICART.COM.Online and

the same shall form part of any such agreement. In case of contradiction between agreement and

these Terms and conditions updated on website from time to time, these Terms and Conditions will

prevail over the agreement unless until stated otherwise in writing.

5.4 The User and/or third party, selling the Products acknowledges that it shall at all times

have marketable and legal ownership and title in respect of all Products offered on the

DELPHICART.COM.Online Platform and shall pass on marketable and legal ownership and title to

the User buying the Products, upon completion of a Transaction. The User and/or third party will be

the owner and all the ownership rights and property of, in and upon the Products and any other

property entrusted to DELPHICART.COM.Online and/or the authorized representative of

DELPHICART.COM for the conduct of activities under these Terms and Conditions, until transferred

to the User buying the Products, shall vest in the User selling the Products.

5.5 The User and/or third party selling the Products hereby undertakes that all Products

which would be displayed or sold through the DELPHICART.COM.Online Platform or delivered

through the DELPHICART.COM Distribution Network are allowed to be sold in India as per

applicable laws and the Products handed over to DELPHICART.COM.Online by the User for

delivery/ distribution shall at all times comply with the specifications for delivery/ distribution under

applicable laws, including without limitation the rules and regulations of the International Air

Transport Association (as applicable) and the Motor Vehicles Act, 1988 read with the applicable

rules.

5.6 The User and/or third party selling the Products hereby agrees and acknowledges that

DELPHICART.COM, shall, in relation to the Services and/or Indirect Services being provided by it in

accordance with the terms of these Terms and Conditions, have the right to collect payments from

the User's buying the Products and manage the logistics in the manner it deems appropriate, for and

on behalf of the User and/or third party selling the Products. The User hereby assigns all rights in

relation thereto.

5.7 The User and/or third party selling the Products hereby grants DELPHICART.COM and

its associates and representatives for the purposes of Services and/or Indirect Services to rendered

in accordance with these Terms and Conditions, a non-exclusive, royalty-free, sub-licensable, limited

license to use, display and reproduce the trademarks, service marks and logos and/or any other

content provided by the User to DELPHICART.COM for display on its DELPHICART.COM.Online

Platform and/or the User website. The User and/or third party hereby confirms that it has the

requisite right/permission to use the said marks, logos and/or other content as may be provided by it

to DELPHICART.COM.Online, and to grant permission to use as stated herein. Without prejudice to

the other rights available to DELPHICART.COM under these Terms and Conditions and the Policies,

or under applicable law, the User and/or third party undertakes to keep DELPHICART.COM its

affiliates and group companies, successors, assigns and its respective officers, directors and agents,

shareholders, representatives indemnified and defend and hold harmless from and against all

actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs

(including without limitation, legal costs), awards, damages, losses and/or expenses however arising

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directly or indirectly, including but not limited to, as a result of use of the trademarks, service marks

and logos and/or other content provided by the User and/or third party to DELPHICART.COM for

display on the website of DELPHICART.COM.Online or the User and/or third party site.

5.8 The User and/or third party has necessary permissions for selling the Products online

at the discounted rate. User and/or third party also has necessary permission to publish logo of the

brands pertaining to the Products listed on the DELPHICART.COM.Online Platform (if applicable).

5.9 Goods travelled through DELPHICART.COM distribution network is covered under

transit insurance and any damage or loss to those goods will be paid by insurance company to the

seller as per the terms of Insurance company provided that all the relevant documents are provided

by the Seller

6. MODE OF PAYMENT FOR PURCHASE OF PRODUCTS BY A USER

6.1.1 A User buying a Product using the DELPHICART.COM.Online Platform may make the

payment using any of the payment methods available on the DELPHICART.COM.Online Platform. It

is hereby clarified that the cash on delivery option shall not be available to Users buying an

intangible Product such as digital content through the DELPHICART.COM.Online Platform. By

purchasing a Product using the DELPHICART.COM.Online Platform, the User authorizes

DELPHICART.COM.Online or its authorized representatives to collect, process, facilitate and remit

the payments to the User selling the Product.

6.1.2 By purchasing the Products using the DELPHICART.COM.Online Platform and authorizing

DELPHICART.COM.Online to process the payment, the User agrees, accepts and understands that

DELPHICART.COM.Online as part of its Services and/or Indirect Services, is only a facilitator

providing an electronic, automated online electronic payment, receiving payment through cash on

delivery, collection and remittance facility for the sale and purchase of the Products.

6.1.3 The User buying a Product, understands that by ordering a Product using the

DELPHICART.COM.Online Platform, the User buying the Product is entering into a binding

agreement with the User selling the Product to purchase the Product using the payment facilities

available on the DELPHICART.COM.Online Platform.

7. PAYMENT TO USER'S SELLING THEIR PRODUCTS ON THE

DELPHICART.COM.ONLINE PLATFORM

7.1 Notwithstanding anything contained in these Terms and Conditions, the User selling its

Products Pan India i.e. on national level shall be entitled to receive payments for the Products sold

through the DELPHICART.COM.Online Platform within 15 (fifteen) days from pickup of Product

subject to Product being delivered to User being buyer and same not being returned. In case of local

area deliveries, the User selling its Products shall be entitled to receive payments for the Products

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sold through the DELPHICART.COM.Online Platform within 2 (Two) days from date of delivery of

Product, subject to Product being delivered to User being buyer and same not being returned or as

per the prevailing payment policies of DELPHICART.COM.Online. The User hereby agrees that

DELPHICART.COM.Online shall be entitled to deduct the Fee in relation to each Transaction,

payable by a User to DELPHICART.COM for the Services against the payments required to be

made by DELPHICART.COM to the User for the Products sold through the

DELPHICART.COM.Online Platform. However, a User shall not be entitled to receive payments for

the Products sold through the DELPHICART.COM.Online Platform from DELPHICART.COM, if:

(i) any transaction is suspected to be or is unlawful or unenforceable, as determined by

DELPHICART.COM in its sole discretion; or

(ii) if a Transaction is not completed or any Product sold through the

DELPHICART.COM.Online Platform is returned by a User being buyer of the Product or remains

undelivered to such User being buyer of the Product; or

(iii) DELPHICART.COM.Online ceases to render the Services to a User, including for reasons

that may have been separately provided for in these Terms and Conditions or a related agreements/

Policies, whether expressly stated in these Terms and Conditions and the Policies or not.

(iv) If User has used DELPHICART.COM discount vouchers maliciously or fraudulently.

7.2 The User, selling its Products, shall at all times, be liable to pay and shall pay all applicable

taxes (including any applicable withholding taxes) in relation to all sales of the Products made

through the DELPHICART.COM.Online Platform by way of utilizing the Services. The User listing the

Products for sale of the Products Pan India i.e. national listing shall provide an all-inclusive price for

the Products and in the case a User is listing the Products for local listing only, shall provide a price

that is approved by DELPHICART.COM, for display on the DELPHICART.COM.Online Platform,

including all taxes, regulatory payments, service charges and other Transaction related charges.

7.3 All payments required to be paid by DELPHICART.COM to the User for the sale of a

Product under these Terms and Conditions and the Policies shall immediately be suspended till such

time as DELPHICART.COM deems fit in its sole discretion, in the event that such User commits any

fraud or violates any law or legal requirement or breaches these Terms and Conditions or any of the

applicable Policies.

7.4 The User selling its Products accepts and confirms that the account reconciliation and

payment mechanism offered by DELPHICART.COM is fair and adequate for sale of the Products

through the DELPHICART.COM.Online Platform.

7.5 The aforementioned payment terms for Users selling the Products shall not be applicable

for third parties providing the intangible Products through the DELPHICART.COM.Online Platform

and the same shall be governed by the agreement executed between such third party and

DELPHICART.COM.

8. DELIVERY & SHIPPING OF PRODUCTS TO USERS

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8.1 The User being seller has the option of delivering the Products on its own or availing the

services of DELPHICART.COM in relation to delivery by the logistic partner(s) of

DELPHICART.COM as per the delivery and shipping policy of the Products specified below. It is

hereby clarified that in the event the User opts for availing the services of DELPHICART.COM in

relation to delivery, a delivery charge as specified on the DELPHICART.COM.Online Platform may

be payable by the User buying a Product on account of delivery of the Product by

DELPHICART.COM ("Delivery Charge").

8.2 It is hereby clarified that provisions of Section 8.1 shall not be applicable for intangible

Products purchased by the User and the delivery of such intangible Products shall be in accordance

with Section 3.3.2 above.

8.3 Delivery locations:

DELPHICART.COM ships Product(s) to most locations within India. For logistical reasons, we are

unable to deliver to some locations which are unserviceable. These locations keep on changing and

depend on serviceability by our logistics partners. DELPHICART.COM does not deliver items

internationally. The User buying the Products will be able to make purchases on the

DELPHICART.COM.Online Platform from anywhere in the world, however the delivery address

should be in India.

8.4 Delivery time:

All Product(s) purchased through the DELPHICART.COM.Online Platform or any other portal or

through voice/mobile /email/sms etc. are collectively termed as DELPHICART.COM.Online orders.

All DELPHICART.COM.Online orders will be shipped to the User buying a Product in accordance

with the terms of these Term and Conditions.

In the case of local area deliveries, as specified on the DELPHICART.COM.Online Platform, the

Product(s) shall be shipped the next day from the time of successful placement of order by a Buyer

subject to the availability of the Product with the User selling the Products. In case of national

deliveries, outside the local area deliveries, as specified on the DELPHICART.COM.Online Platform,

the Product(s) will be shipped and delivered to the User buying the Products, within 12 (Twelve)

working days of placing the order, depending on the availability of the Product with the User, selling

the Products and serviceability of delivery location. In some cases it may take more than 12 (Twelve)

working days, due to the geographical location of the User buying the Product.

8.5 Delivery Charges:

DELPHICART.COM usually provides free local delivery to Users buying a Product above 500 INR

on all orders. If any delivery fee is charged from the Buyer this will specifically be indication to the

Users buying a Product while the Users buying a Product, places the order or later or through any

mode of communication. If delivery charge is conveyed after placing the order by the Users buying a

Product, the order will be shipped only after receiving written confirmation from the Users buying a

Product. A User buying a Product, hereby agrees that in event the value of the Product is less than

INR 500, DELPHICART.COM.Online shall be entitled to charge INR 50 (Rupees 50 Five) per such

Product.

8.6 Failure to receive order:

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The logistics partner(s) of DELPHICART.COM shall make all reasonable efforts to deliver the

Products ordered by the User buying the Product, at the address communicated by it at the time of

placement of the order. However, if the User buying the Product is not able to take delivery of the

Product, the same would be returned back to the User selling the Product. In the event, the User

buying the Product requests DELPHICART.COM to resend the Product(s), the same would be

resent only if the Product is available with the User selling the Product. In case of such an event, the

User selling the Product may at its discretion levy additional delivery charges. In the event, the User

selling the Product is unable to send/ resend the Product due to its non-availability with the User

selling the Product, the amount/ price paid for the Product by the User selling the Product shall be

reversed to the User buying the Product account where payment has been made through payment

gateways. No such refund due to non -deliverability will be applicable to orders placed with cash on

delivery options.

8.7 Part Delivery: DELPHICART.COM may dispatch the ordered Product(s) in separate

parcels and on different dates.

8.8 Delivery for Cash on Delivery Orders: All cash on delivery order payments have to be

made at the time of order delivery to our logistics partner. The Product(s) would be handed over to

the User buying the Products only after receipt of the payment for the Product(s).

8.9 Order Tracking: DELPHICART.COM will make best efforts to keep the User buying the

Products informed about its order. However, the User buying the Products can also contact the

customer care center of DELPHICART.COM to enquire about the status of its order.

10. INDEMNITY

10.1 A User, selling its Products on the DELPHICART.COM.Online Platform, shall keep

DELPHICART.COM, its affiliates and group companies, successors, assigns and its respective

officers, directors and agents, shareholders, representatives indemnified and defend and hold

harmless from and against all actions, proceedings, claims, liabilities (including statutory liability),

penalties, demands and costs (including without limitation, legal costs), awards, damages, losses

and/or expenses however arising directly or indirectly, including but not limited to, as a result of:

(i) breach or non-performance by the User of any of its undertakings, warranties, covenants,

declarations or obligations under these Terms and Conditions; or

(ii) any claim or proceeding brought by any of the customer of the Products or any other

person against DELPHICART.COM in respect of any Products or Transaction on the

DELPHICART.COM.Online Platform, whether or not such complaint was settled by the User who

sold the Product or was an unsettled claim; or

(iii) any negligent act or omission or default or misconduct or fraud of the User or its agents or

its customers; or

(iv) any hacking or lapse in security of the DELPHICART.COM.Online Platform or the data on

the DELPHICART.COM.Online Platform; or

(v) any act, deed, omission or non-performance on the part of the User which renders the

Transaction conducted through the DELPHICART.COM.Online Platform invalid.

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10.2 The indemnities provided herein and provisions making reference to the indemnities shall

survive the termination of these Terms and Conditions and the Policies.

10.3 The provisions of Section 10 shall not be applicable for third parties providing the

intangible Products through the DELPHICART.COM.Online Platform and the same shall be

governed by the agreement executed between such third party and DELPHICART.COM.

11. LIMITATION OF LIABILITY

11.1 Notwithstanding anything stated under these Terms and Conditions and the Policies, in

the unlikely and rare event, of DELPHICART.COM being liable to a User selling its Products, the

aggregate liability of DELPHICART.COM from any cause whatsoever shall not in any event exceed

sum equivalent to the Fee of a single, most recent transaction of such User in question or the

amount due to such User, as appearing on the account statement, after reconciliation, whichever is

lower.

11.2 Notwithstanding anything stated under these Terms and Conditions and the Policies, in

the unlikely and rare event, of DELPHICART.COM being liable to a User buying the Products, the

aggregate liability of DELPHICART.COM from any cause whatsoever shall not in any event exceed

an amount equivalent to the payment made by such User in relation to the Transaction under which

such claim has been made.

11.3 The provisions of Section 11 shall not be applicable for third parties providing the

intangible Products through the DELPHICART.COM.Online Platform and the same shall be

governed by the agreement executed between such third party and DELPHICART.COM.

12. DISCLAIMER OF WARRANTIES AND LIABILITIES

12.1 It is hereby clarified that all Products or services made available to a User through the

DELPHICART.COM.Online Platform are provided on an 'as is' and 'as available' basis, without any

representations and warranties, express or implied by DELPHICART.COM. does not make any

representations pertaining to the information, content, Products or services included on or otherwise

made available to a User through the DELPHICART.COM.Online Platform.

13. INTELLECTUAL PROPERTY

13.1 The User, where applicable, hereby grants DELPHICART.COM and its associates and

representatives for the purposes of these Terms and Conditions, a non-exclusive, royalty-free, sub-

licensable, limited license to use, display and reproduce the trademarks, service marks and logos of

a User, selling its Products on the DELPHICART.COM.Online Platform. The User, where applicable,

hereby confirms that such User has the right to use the said marks and logos and to grant

permission to use as stated herein. Such User shall retain all intellectual property rights in such

marks.

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13.2 All co-promotion and sale promotion for the Products shall be as per separate terms and

conditions agreed between DELPHICART.COM and the User's in writing.

13.3 Nothing contained herein shall authorize a User to use, display or exploit the intellectual

property rights of DELPHICART.COM. without the prior written consent of DELPHICART.COM. The

User, selling its Products on the DELPHICART.COM.Online Platform shall have the right to state

that Products are available on DELPHICART.COM.Online Platform at its offline stores and other

promotional and advertisement initiatives for the Products.

14. CONFIDENTIALITY

14.1 The User, where applicable, shall keep all the information pertaining to the Services

including but not limited to the customer data and the transactions on the

DELPHICART.COM.Online Platform ("Confidential Information"), confidential and shall not be

disclosed to any person other than its officers (to the extent necessary to consummate the

transaction contemplated hereby) without the prior written consent of DELPHICART.COM.

14.2 Confidential Information shall mean all the information of a confidential nature disclosed

(whether in writing, verbally or by any other means and whether directly or indirectly) by

DELPHICART.COM to a User whether before or after the date of these Terms and Conditions. The

User, where applicable, shall not, during the pendency of these Terms and Conditions, or at any

time after these Terms and Conditions and the Policies expire or terminate, divulge or use any

Confidential Information for the benefit of any other person, corporation, partnership, proprietorship,

association, or other entity, nor will the User, directly or indirectly permit the disclosure of any

Confidential Information or aid any third party to imitate any Confidential Information.

15. TERMINATION

15.1 DELPHICART.COM may terminate these Terms and Conditions and the Policies and/or

the Services and/or Indirect Services hereunder for any reason including for reasons of breach of

these Terms and Conditions, or any of the Policies on the DELPHICART.COM.Online Platform or

any other agreement between DELPHICART.COM and the User in relation to the

DELPHICART.COM.Online Platform. The User's sole right to terminate these Terms and Conditions

and the Policies is by not using the DELPHICART.COM.Online Platform and deleting its account

with DELPHICART.COM.

15.2 The provisions of Section 15 shall not be applicable for third parties providing the

intangible Products through the DELPHICART.COM.Online Platform and the same shall be

governed by the agreement executed between such third party and DELPHICART.COM.

16. CONSEQUENCES OF TERMINATION:

16.1 Termination shall not affect any liabilities incurred by a User prior to the termination or for

acts performed during the pendency of these Terms and Conditions and the Policies which may

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result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to

survive or to be effective on termination and the obligations set out in this Section shall remain in full

force and effect notwithstanding termination. DELPHICART.COM and the User (where applicable)

availing the Services provided by DELPHICART.COM, shall undertake to settle all outstanding dues

to arising out of these Terms and Conditions and the Policies within 30 (Thirty) days of the

termination taking effect.

16.2 All materials, documentation, instruction manuals, guidelines, letters and writings and

other materials issued by DELPHICART.COM from time to time in respect of these Terms and

Conditions, whether in respect of the utilization of the payment gateway or otherwise shall be

returned immediately to DELPHICART.COM.

16.3 The provisions of Section 16 shall not be applicable for third parties providing the

intangible Products through the DELPHICART.COM.Online Platform and the same shall be

governed by the agreement executed between such third party and DELPHICART.COM.Online

17. GENERAL PROVISIONS:

17.1 Anti-bribery and anti-corruption policy: DELPHICART.COM and the User selling the

Products, agree to conduct all their dealings in an ethical manner and with the highest business

standards and best industry practice. The User selling the Products, agrees to comply with the Anti-

Bribery and Anti-Corruption Policy of DELPHICART.COM and adopt appropriate processes to

prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the

course of all dealings with or any other third parties for the purpose of these Terms and Conditions.

Any instances of such violations will be viewed in a serious manner and DELPHICART.COM

reserves the right to take all appropriate actions or remedies as may be required under the

circumstances. The User selling the Products, further agrees that the User shall provide all possible

assistance to DELPHICART.COM, in order to investigate any possible instances of unethical

behavior or business conduct violations by an employee, agent, staff or representative of such User.

17.2 No agency: These Terms and Conditions and Policies constitute a principal-to-principal

relationship between DELPHICART.COM and the User's selling their Products and do not attempt to

create any employee-employer or agency relationship. The Services and/or Indirect Services are

being rendered by DELPHICART.COM as an independent entity and nothing contained herein shall

be deemed to create any association, partnership, joint venture or relationship of principal and agent

or master and servant, or employer and employee between DELPHICART.COM and the User hereto

or any affiliates or subsidiaries thereof or to provide either DELPHICART.COM or the User with the

right, power or authority, whether express or implied to create any such duty or obligation on behalf

of the other party, i.e. either DELPHICART.COM or the User.

17.3 Publicity: All joint publicity initiatives shall be subject to separate marketing initiative

contracts to be executed between DELPHICART.COM and User, as may be applicable.

DELPHICART.COM at all times shall have the right to use the name and/or trademark/logo of the

User's selling their Products in its sales or marketing publication or advertisement to communicate

the brands/ Products available on the DELPHICART.COM.Online Platform in the context of these

17.4 Assignments: DELPHICART.COM may assign, in whole or in part, the benefits or

obligations of these Terms and Conditions and the Policies to its associates of affiliates of other

group company, or any other company, in circumstances including but not limited to pursuant to a

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restructuring or re-organization or demerger of its organization or operations causing a change in

management or something of the nature. DELPHICART.COM shall not require approval or consent

of the User, it can at its discretion provide an intimation of such assignment to the User. However,

the User shall not assign, in whole or in part, the benefits or obligations of these Terms and

Conditions, without the prior written permission of DELPHICART.COM.

17.5 Force Majeure: DELPHICART.COM shall not be liable for its failure to perform under

these Terms and Conditions and the Policies as a result of occurrence of any force majeure events

like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or

local or central governments, change in laws, rules and regulations, affecting the performance of

DELPHICART.COM.Online, payment gateways or the logistic support partner.

17.6 Governing Law, Settlement of Disputes and Jurisdiction: Any dispute or claim relating to

it, its enforceability or its termination under these Terms and Conditions and the Policies shall be

governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by

DELPHICART.COM. The arbitration proceedings shall be held in English language at Chennai,

Tamil Nadu State. The courts at Chennai shall have exclusive jurisdiction over any disputes relating

to the subject matter herein

17.7 Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a

right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any

other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall

prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

17.8 Survival of Provisions: The terms and provisions of these Terms and Conditions, by their

nature and content are intended to survive the performance hereof by any or all Parties hereto shall

so survive termination.

17.9 Severability: If any provision, hereunder becomes, in whole or in part, invalid or

unenforceable but would be valid or enforceable if some part of that provision was deleted, that

provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal

of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the

remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be

substituted by a new provision reflecting the intent of the provision so substituted.

17.10 Non-Solicitation: The User warrants that it shall not directly or indirectly solicit for

employment, nor offer employment to, nor enter into any contract of services with any person

employed by DELPHICART.COM.

17.11 Non-Exclusivity: It is agreed and clarified that the arrangement set out by these Terms

and Conditions and the Policies between DELPHICART.COM.Online and the User is on a non-

exclusive basis.

17.12 Notices: All notices, requests, demands, waivers and other communications required or

permitted to be given hereunder shall be DELPHICART.COM, if to DELPHICART.COM if to User, it

shall be to the address registered with DELPHICART.COM.

17.13 Amendment: These Terms and Conditions and Policies may be varied, amended or

modified by DELPHICART.COM at any time. The last amended version shall be available on the

DELPHICART.COM.Online Platform at all times.

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