MERCHANT

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules there under and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require publishing the rules and regulations, privacy policies, and Terms & Conditions for access or usage of our online application named as “PERIKART”.

The range of services are offered through a mobile application as well as a marketplace with seller portal, seller Perikart (hereinafter referred to as “Platform”) is owned and operated by Perril Technologies (OPC) Private Limited (hereinafter referred to as 'Perikart'), a company incorporated under the Companies Act, 1956, with its registered office at Roy’s Segment, Boragadhoi, Duliajan, Dibrugarh, 786602, Assam, India.

Any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems is referred to by the term “you” or “you're” for the purpose of the Terms and Conditions (hereinafter referred to as “T&C”). The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean Perikart.

By reference, the following terms and conditions (T&C) govern the use of this Platform and its features, including applicable policies, notifications and communications you receive on the Platform. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you are entering into a binding agreement with Perikart, these terms and conditions, including the policies constitute your binding obligations.

The rules, guidelines, policies, terms and conditions applicable to the services provided by us through the platform will be deemed incorporated into the T&C and considered a part of T&C. T&C may be changed, modified, added or removed at any time, at our sole discretion. If any changes or updates are made to the T&C which materially impact your use of the Platform, we will notify you via any of the communication methods. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the T&C, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

ACCESSING OR USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE T&C. PLEASE READ THE T&C CAREFULLY BEFORE PROCEEDING. If you implicitly or expressly accept the T&C, you also accept and agree to be bound by all of Perikart’s policies applicable to you, as amended, from time to time.

ELIGIBILITY OF A SELLER - The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, UN-discharged insolvents etc. are not eligible to use this Platform. If you are someone, who is under the age of 18 years, you cannot register as a seller on the Platform, transact or use the Platform. Perikart reserves the right to terminate your registration and/or refuse you access to the Platform, if it is discovered that you are under the age of 18 years.

ACCOUNT REGISTRATION - As part of your use of the platform, you agree to us with your details and information as requested from time to time. You shall remain responsible for maintaining confidentiality of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the T&C, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.

Perikart does not charge any fee for registering on the Platform. However, before listing a product for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this T&C. Perikart reserves the right to change its fee policy. Particularly, Perikart reserves the right to introduce fees for the new services or modification offered on the platform, as the case may be. You thereby agree that Perikart shall have the right to set off any amounts due and payable by you to Perikart against any payments due from Perikart to you.

SELLING ON PERIKART- Being a registered seller, you shall list items for sale on the Platform in accordance with the policies which are incorporated by way of reference in this T&C. You must be legally able to sell the items you list for sale on our Platform and must have all the necessary licenses and permits required for such sale. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. You agree not to list a single product in multiple quantities across various categories on the Platform. Perikart reserves the right to delete such multiple listings of the same product listed by you in various categories. Perikart reserves the right to restrict the selling of products originating from certain countries.

BINDING PRINCIPLES - All items that are advertised or listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Perikart shall bear no responsibility or liability in relation to third party user generated content. Perikart neither originates nor initiates the transmission nor it selects or modifies the information contained in the transmission. Perikart does not merely interfere in the transaction between buyers and sellers.

You agree and undertake to follow the binding principles by use of the platform:

You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
belongs to another person of which you have no right.
grossly harmful, harassing, bigotry, obscene, pornographic, pedophilia, libelous, invasive or any hateful, relating to or encouraging money laundering or gambling, or unlawful manner including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
is false, inappropriate or misleading in any way.
is patently offensive to the online community, such as sexually explicit content that promotes obscenity, pedophilia, racism, physical harm of any kind against any group or individual.
promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous.
Contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages.
provides material that exploits people in a sexual, violent or inappropriate manner or personal information from anyone.
provides instructional information about illegal activities such as making or buying illegal weapons, providing or creating computer viruses.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform.
You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you).
You shall ensure compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules applicable and amended from time to time and also all applicable domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable .You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law.
Particularly, you shall ensure that if any of your items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
You shall not sell or supply alcohol, cigarette or any tobacco product.
You shall be responsible for providing or updating information relating to the items proposed to be sold by you, from time to time.

YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM.

Perikart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
Perikart and/or its affiliates may from time to time in partnership/association with its partners and/or third-party sponsors, organize/enable promotional campaigns on the Platform for the benefits of the customers/Sellers. Partners/third party sponsors may prescribe certain objective qualifying criteria to identify Sellers who will be eligible for the benefits of the campaign. All Sellers who qualify based on the objective criteria provided by such sponsors of the campaign will be auto opted-in and be able to obtain the benefits of such promotional campaign. In the event any Seller does not qualify based on the objective criteria, Sellers may choose to participate in such campaigns by expressly opting-in for them. In the event a Seller opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products. For avoidance of any doubt, some Sellers may qualify, and some may not, based on the qualifying criteria set for each individual campaign. Please refer to the campaign communication/notifications for more details, as may be communicated to you from time to time.

SELLER'S LIABILITY FOR THE CONTENT POSTED-

The seller will be responsible for the content posted or transmitted on the Platform by the seller. All copies of content must contain proprietary notice. The types of content posted here are such as graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sound, music, art works, notes, emails, messages, billboards postings, images, videos, audio files, other materials or information (‘collectively content') are third party generate the content and Perikart has no responsibility or liability over such third party generated Content as Perikart is merely an intermediary for the purpose of this T&C.

Except as expressly provided in the T&C, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way or to any other computer. All copies of content must contain proprietary notice. The content which the seller post will become our property and you grant us the worldwide, royalty free and transferable rights in such content. You agree that any content use or post by you might be used by us, consistent with this T&C, and you are not entitled to any payment for such use. Perikart does not warrant that product description or other content on the Platform is accurate, complete, reliable, and current and assumes no liability in this regard.

Being a seller, you cannot remove any proprietary notice language in all copies of content. You cannot copy or post such information/content on any networked computer or broadcast it to any media. Further, you cannot make any additional representations or warranties relating to the content.

INTERACTION AND TRANSACTION BETWEEN SELLER AND BUYER-

Perikart is not a party to any transactions between the users on this platform. This platform is for the seller and buyer to interact ant transact. Subsequently:

All the contractual terms are offered by you and agreed upon between you and buyers alone. The shipping costs, price payment methods and terms, date, period, and mode of delivery and warranties are included in commercial and contractual terms. Perikart does not have any control or in any way involve itself in the offering or accepting of such commercial/contractual terms between you and buyers.

Perikart does not give any warranties regarding qualities, values and salability of the products to be sold or purchased on the Platform. Perikart does not accept the liability for any errors or omissions of third parties in relation to products and services.

If a buyer fails to perform or breaches a contract with you, Perikart is not liable. We do not guarantee that transactions concluded on our platform, will take place between you and the buyer concerned. If you have dispute or disagreement between you and buyer, Perikart shall not be required to meditate or resolve those disputes or disagreements.

You should verify the bona fides of any particular buyer you choose to deal with on the Platform independently and use your best judgment in that regard. Perikart does not make any representations or warranties regarding items specifies such as legal title, creditworthiness, identity, etc. While Perikart makes reasonable efforts on this regard, it cannot control the Information provided by other users on the Platform.

During a transaction between you and a buyer on the platform, Perikart does not take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.

An OTP will be sent to the Delivery Executive when he/she will reach the seller for the pickup of the order placed; the Delivery Executive will cross verify if the product is not an expired product and also if it is well packed and sealed.

Perikart is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or backordered.

Perikart does not make any representation or warranty with respect to any aspect of the services being provided by the Delivery Partners through the Platform including but not limited to pick up and delivery services and Task completion services to the Merchants or Buyers as the case may be.

Perikart is only a platform that can be used by you to reach a larger customer base to sell items or services. Perikart only provides a platform for communication, and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.

OPEN BOX VERIFICATION-

The open box seller terms and conditions ("Terms and Conditions") will be applicable if the customers have availed the “Open box verification” service (“verification Service”) while purchasing your product from the Perikart Application.
The Verification system is not applicable for all products except electronics, electronic accessories, electrical & hardware products.
Open Box Verification ensures that the right product is delivered without any external damages, and that all the required accessories are enclosed, before accepting delivery by the customers.
After you dispatch the order, then only the delivery partner is entitled to open product package with given permission from the customer and the customer verification in front of his/her premises.
You agree to allow the inspection process of the product in the presence of the customer by the delivery partner only. You should understand that verification means checking the physical appearance and components of the product, if any, and does not include testing the functioning of the product.
Please be aware that in case the product received is damaged, missing parts/accessories, or differs from what was ordered, the delivery will be deemed to be 'failed', and you will be required to accept the return and initiate the refund process immediately if the payment is made using the prepaid option as per Perikart.com = Return Policy.
The Perikart.com Returns policy will apply to ‘open box verification’ eligible orders, except to the extent that – if a product is (a) delivered in a physically damaged condition; (b) is missing; or (c) is different from what was ordered. The customer is liable to refuse delivery of such products (instead of returning them within 5 days as per the general return policy).
The customer acknowledges and agrees that, once the order has been successfully delivered, return requests based on damaged conditions, missing parts or accessories, or being completely different from what was ordered are not accepted under https://perikart.com/return-policy.
You should be very careful while packaging the ordered product effectively and efficiently to avoid such mishaps.
A video must also be recorded while packaging the open box order and be kept by you until the order is accepted and payment has been made. If required, this video will be inspected by perikart’s team on legal terms if any open box item is returned without being accepted by the customer.

LICENSE-

As a result of the Powered by Perikart and Perikart.com name or logo sellers get a limited non assignable, non- transferable, non- exclusive and personal license. To use Powered by Perikart and Perikart .com name or Logo on the sellers' invoice for transactions concluded on the Platform, Perikart give, and non- assignable, non- transferrable and personal license to use Perikart. Com name or logo on packaging material used by the seller for delivery for products sold on this platform.

PAYMENT FACILITY-

You understand and accept that a payment facility provided by Perikart is neither banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment or cash on delivery (COD) payment. Further, by providing payment facility, Perikart neither acts as a trustee nor fiduciary with respect to transaction or transaction price. The prices of all the commercial terms such as delivery dispatch of products and services as per principal contractual obligations between sellers and buyers and the payment is to facilitate the completion of transactions. Perikart will not be responsible for non- delivery, non- receipt, non-payment, damage, warranties, non- provision of after sale or warranty service or fraud as regard the products or services listed on the Platform. The payment process is through Cash on Delivery (COD), or payment through electronic i.e. online mode. Your relationship with Perikart is on the basis by accepting the T&C, you agree that Perikart is an independent contractor for all purposes and does not have control or liability for the products or service that has been listed on the Platform. All online bank transfer from valid bank accounts is processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed between a seller and the buyer and also the respective bank. Perikart does not guarantee the identity of any users, nor does it ensure that a buyer or a seller will have a complete transaction.

All the transaction(s) between Perikart and the seller will be done within 7 to 10 working days via NEFT OR RTGS.

It is hereby to clarify that sometimes the Cash on Delivery option may not be available for some selected products or categories.

DISPATCH OF PRODUCT -

You as a seller will dispatch the products for every transaction to the buyers within the time period as provided in the T&C to ensure that the product is being delivered timely. Perikart will not be responsible for any insurance for products sold by sellers on the Platform. Seller shall dispatch with details of after sales services related to products and services listed in the Platform by Perikart. Seller should only dispatch the item with only approved delivery channel which provide “appropriate proof of dispatch” and “proof of delivery” documentation. Seller should agree the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent false, unauthorized illegal and shall not contain any misrepresentation of facts. Buyers must confirm the delivery of products in the transaction. Buyers does not take any action on payment facility to confirm delivery within such a time period as provided for the confirmation of dispatch of product or services to the buyers. Buyer’s refund claim is rejected by Perikart due to breach of T&C, policies and any applicable law.

GST AND AUDIT-

You agree to all applicable taxes, charges including CGST, SGST, and IGST as may be applicable to the transaction. A seller agrees that Perikart may offer to provide express remittance to eligible sellers as per payments settlement policy. Eligible sellers understand that Perikart reserves the right to withdraw express remittance at any time for any violation of the T&C or Perikart policies or failure by eligible sellers to maintain with the parameters as may be decided by Perikart. A seller expressly agrees that issuing a complete invoice is the sole and primary responsibility of seller. In case of any charge backs levied by the bank, Perikart shall have the right to deduct such charge backs from seller present and future. And sellers remedy will also be displayed by the bank. In case the chargeback is ruled against seller, Perikart shall be entitled and authorized to recover the same from the seller to its fullest extent and the banks decision shall be final and binding in this regard. Sellers acknowledge that Perikart will not be liable for a any damages, interests, claims etc. Resulting from not processing a transaction-to-transaction price or any delay in processing that is beyond the control of Perikart. Perikart shall be discharged of the seller liabilities and the seller should not be eligible for any claim whatsoever.

Perikart approved third party testing agencies. Cost of such an audit shall solely be borne by Perikart unless the audit reflects discrepancy in seller accounts, non-compliance with regard with Perikart seller policies in which case the cost of audit shall be borne by the seller.

INDEMNITY -

You agree to indemnify, defend and hold harmless Perikart and/or any of its officers and representatives from any cost, damage, liability or other actions including reasonable attorneys’ fees or penalty imposed due to or arising out of your breach of the T&C, privacy policy or your violation of any law, rules or regulation. During the course of transit, at the event of any loss or damage to your products your sole and exclusive resource shall be against the Delivery Partner. You further agree that Perikart will have no liability for any loss or damage to your products. All claims for loss and/or damage must be notified to the Delivery Partner in writing within 7 calendar days after shipment is accepted by Delivery Partner, failing which no action for loss and/or damages may be brought against Delivery Partner.

COMPLIANCE ON SELLING -

You shall also ensure that full compliance with the provisions of Integrated Goods and Services Tax (IGST), or Central Goods and Services Tax (CGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you. Pursuant to the tax collection at sources provisions under IGST, CGST, SGST, the portal would collect tax collection at source applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government. You have to provide your GSTIN, without which we will not be able to raise an invoice on you. In the event if you do not provide your GSTIN number, transaction will be blocked onto your account. In these events providing your input service distributor registration number, Perikart would be issuing an invoice to the ISD GST registration number as furnished by you.

We do not mandate that any of your Products should be sold exclusively on the Platform.

SELLER ACCOUNT DEACTIVATION -

As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his/ her closure request and this will be available to the said seller for downloading payment and taxation reports, only if required. After the 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. After receiving the confirmation, the seller’s account will be deactivated. There should not be any outstanding payments due from the seller, with certain information being provided by Perikart such as registered mobile number, registered email ID, GSTIN and other transaction related information. Such information is being used for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with Perikart again, he/she will not be able to create a new account, but the older account can be restored if it is required.

In the event that a product is ordered by a customer and the order is cancelled and not delivered to the customer, your Perikart seller account will be deactivated or blocked.

As per our policy, we will provide the seller with 2 attempts.

A seller will be given three opportunities in the first attempt; if he cancels a product consecutively three times, his account will be suspended for one day.

In the second attempt, Perikart is liable to permanently deactivate the account if the product is cancelled for the fourth time.

To reactivate or revival of the account, seller will need to pay a charge of Rs. 1000 through NEFT.

You agree and understand that when you use the Platform, you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

JURISDICTION AND APPLICABLE LAW-

Unless otherwise specified, the product on the Website is presented solely for the purpose of sale in Assam only. Perikart makes no representation that the product on the website is appropriate or available for use in other than Assam. Those who choose to access the Website from other locations other than Assam do so on their own initiative and Perikart is not responsible for supply of products or refund for the products ordered from other locations other than Assam and compliance with local laws which are applicable.

The T&C shall be governed, interpreted, and constructed in accordance with laws of India.

VIOLATION OF TERMS AND CONDITIONS -

In the event of the following cases, we may limit your activity, immediately remove your information warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold:

if you breach the T&C, privacy policy or other policies (if any);
if we are unable to verify or authenticate any information you provide;
if it is believed that your actions may cause legal liability for you, other users, or us; or

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the T&C or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

LIMITATION OF LIABILITY-

IN NO EVENT SHALL PERIKART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE T&C, EVEN IF PERIKART HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

MAIL US

Please send us any comments or questions, including all inquiries not related to trademark and copyright infringement. In accordance with the IT Act, 2000, and the rules there under, the contact details are hereunder:

Mail us at:

info@perikart.com

Perril Technologies (OPC) Private Limited

Roy’s Segment,

Near Well No. 16, Boragadhoi,

Duliajan, Dibrugarh,

Assam, India, 786602.

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