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Terms of Use

Welcome to Jagoeve.com. This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.Jagoeve.com website.

The domain name www.Jagoeve.com (hereinafter referred to as 'Website') is owned by Jagoeve, an online marketplace service, with its registered office at T.C.9/1483 (1), ‘Dhanya’, Radhappurakunnu Road, Sasthamangalam P.O, Thiruvananthapuram Corporation, Thiruvananthapuram Taluk, Thiruvananthapuram District, Kerala State, PIN 695010, India (hereinafter referred to as “Jagoeve”).

For the purpose of the Terms of Use (hereinafter referred to as “TOU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean Jagoeve. Your use of the Website, services, and tools is governed by the following terms and conditions (TOU) including applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with Jagoeve, and these terms and conditions including the policies constitute your binding obligations with Jagoeve.

When you use any of the services provided by us through the Website -- including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the TOU and considered a part and parcel of the TOU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the TOU at any time and without any prior written notice to you. It is your responsibility to review the TOU periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the TOU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU, SO PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the TOU, you also accept and agree to be bound by Jagoeve’s policies (including but not limited to Privacy Policy), as amended, from time to time.

I.Who is competent to be a Seller ?

The use of the Website 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 the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Website, transact or use the Website. As a minor if you wish to use the Website or make a transaction, such use or transaction may be made by your legal guardian or parents. Jagoeve reserves the right to terminate your registration and/or refuse your access to the Website if it is brought to Jagoeve’s notice or discovered that you are under the age of 18 years.

If you register as a business entity, you represent that you are duly authorized by the business entity to accept the TOU and you have the authority to bind the business entity to the TOU.

II.Use of services&Seller Registration

You must complete the registration process of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business') legal name, address, phone number and e-mail address. We may at any time cease providing any or all of the Services at our sole discretion and without notice. If you use the Website, you shall be responsible for maintaining confidentiality of your display name and password and all activities that occur with the use of your display name and password. 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 TOU, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website. When you use any of the services provided by us through the web site, you will be subject to rules, guidelines, terms and conditions applicable to such services, and they shall be deemed to be incorporated into the Terms Of Use (TOU), and shall be considered as part and parcel of this Terms Of Use. Jagoeve reserve the right at our sole discretion, to changes, modify, add or remove portions of this Terms Of Use at any time without any written notice to you. It is your responsibility to review the Terms Of Use periodically for update/changes. Your continued use of the web site following the postings of changes will mean that you accept and agree to the revisions.

III.Electronic Records& Communications

When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and your 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.

IV.Transactions on the Jagoeve Website

The Website is a platform that users utilize to meet and interact with one another for their transactions. Jagoeve is a market place model e- commerce organisation that complies in full with the definition of Marketplace based model of E- commerce, as given in the Press note no 3(2016) released by Government of India, Ministry of Commerce & Industry. Jagoeve is not and cannot be a party to or control in any manner any transaction between users on the Website. Consequently:-

a.All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Jagoeve does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.

b.Jagoeve does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold, or purchased on the Website. Jagoeve does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. Jagoeve accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

c.Jagoeve is not responsible for any non-performance or breach of any contract between you and buyers. Jagoeve cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. Jagoeve shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.

d.Jagoeve does not make any representations or warranties regarding item-specifics (such as legal title, credit worthiness, identity, etc.) of any of its Users. You are advised to independently verify the bonafides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.

e.Jagoeve does not at any point in time during a transaction between you and a buyer on the Website come into or 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.

f.At no time shall Jagoeve hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Jagoeve 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 back-ordered or repetition.

g.The Website is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Jagoeve only provides a market place 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. At no time shall Jagoeve hold any right/title to or interest in the items nor have any obligations or liabilities in respect of such a contract. Jagoeve 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 back-ordered.

h.You as the seller, shall independently agree upon the manner, terms, and conditions of delivery, payment, insurance etc. with the buyers you transact with.

i.You release and indemnify Jagoeve and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Jagoeve cannot control the information provided by other Users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.

j.Based on the Press note no 3(2016) released by Government of India, Ministry of Commerce & Industry, as a Marketplace based model of E- commerce entity, jagoeve shall be providing of an information technology platform on a digital & electronic network to act as a facilitator between buyer and seller. E- commerce entity providing a marketplace will not exercise ownership over the inventory ie., goods purported to be sold. In marketplace model, good/services made available for sale electronically on website would clearly provide name, address and other contact details of the seller. Post sales, delivery of the goods to customers and customer satisfaction will be the responsibility of the seller. In marketplace model, any warranty/ guarantee of goods and services sold will be the responsibility of the seller. As an E- commerce entities providing marketplace will not directly or indirectly influence the sale price of goods or services and shall maintain level playing field.

V.Jagoeve Site&Services

You agree and understand and agree that Jagoeve and the Website merely provides hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Jagoeve neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Jagoeve has no control over the third party user generated contents. Jagoeve is merely an intermediary and does not interfere in the transaction between Buyers and Sellers.

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

A.You shall not host, display, upload, modify, publish, transmit, sell, update or share any Information/ product which:

(i)belongs to another person and over which you have no right;

(ii)is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(iii)is misleading in any way;

(iv)is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual. Do not sell Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services. Apparatus such as personal massagers/vibrators and sex toys and enhancement by any name known.

(v)harasses or advocates harassment of another person;

(vi)Involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;

(vii)promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(viii)infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];

(ix)promotes an illegal or unauthorized copy of another person's copyrighted work (see ‘Copyright complaint" below for instructions) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

(x)contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);

(xi)provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(xii)provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;

(xiii)contains videos, photographs or images of another person (with a minor without parental consent or an adult without their express consent for participating in various promotional contests held by jagoeve);

(xiv)tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;

(xv)engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent. Throughout the TOU, Jagoeve’s prior written consent means a communication coming from the Jagoeve’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;

(xvi)solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

(xvii)interferes with another’s use and enjoyment of the Website;

(xviii)refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of TOU;

(xix)harms minors in any way;

(xx)infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;

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

(xxii)deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(xxiii)impersonates another person;

(xxiv)contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines by any name known that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;

(xxv)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;

(xxvi)shall be false, inaccurate, or misleading;

(xxvii)shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Alcohol, which includes alcohol or alcoholic beverages such as beer, liquor, or champagne.

(xxviii)shall not create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

(xxix)body parts, which includes organs or other body parts-live, cultured/preserved or from cadaver.

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

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

(xxxii)Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs including but not limited to salvia and magic mushrooms.

(xxxiii)Drug test circumvention aids which includes drug cleansing shake, urine test additives, and related items.

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

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

(xxxvi)Government IDs or documents which includes fake IDs, passports and noble titles.

(xxxvii)Miracle cures, which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.

(xxxviii)Offensives goods which includes literature, products or other material that (a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex or other factors (b) Encourage or incite violent acts (c) promote intolerance or hatred.

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

(xxxx)Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed medical practitioner in India or anywhere else.

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

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

(xxxxiii)Securities, which includes stocks, bonds, mutual funds or related financial products or investments.

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

(xxxxv)Traffic devices, which includes radar detectors/ jammers, License plate covers, traffic signal changers, and related products.

(xxxxvi)Weapons which includes, fire arms, ammunition, knives, brass knuckles, gun parts and other armaments.

(xxxxvii)Wholesale currency, which includes discounted currencies or currency exchanges.

(xxxxviii)Live animals or hides/skins/teeth/nails and other parts of animals.

(xxxxix)Used/ refurbished/ serviced / damaged products of any kind.

B.You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content, in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.

C.You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.

D.You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up or reverse engineer, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Website.

E.You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name, or domain name used by us, including the terms Jagoeve, jaagoeve, jagoeave, Jagoeve.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Jagoeve or sellers on the platform or users of the buyers and users of jagoeve otherwise tarnish or dilute any Jagoeve trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Jagoeve’s systems, networks, or any systems or networks connected to Jagoeve.

F.You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.

G.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.

H.You may not use the Website or any content for any purpose that is unlawful or prohibited by the TOU or to solicit the performance of any illegal activity or other activity which infringes the rights of Jagoeve and/or others.

I.You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT/GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website 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.

J.Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information or in any media now known or not currently known with respect to your information. We will only use your information in accordance with the TOU and Privacy Policy applicable to the use of the Website.

K.From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the website in any manner nor present any used/ refurbished/ serviced / damaged products of any kind for sale.

L.You shall not engage in advertising or solicitation of other sellers on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of the TOU to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a seller may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation, response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Website. Jagoeve shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the TOU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Jagoeve’s views. In no event shall Jagoeve assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

M.Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.

N.It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

O.Jagoeve 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(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

P.As between the parties, the sellers at jagoeve will be responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as service tax, VAT/CST/GST and issuing VAT/CST /GST invoices/credit memos where required. Jagoeve is not responsible for collecting, remitting or reporting any service tax, VAT/CST/GST or other taxes arising from such sale. Sellers at jagoeve are solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits. Unless stated otherwise, any and all fees payable by you pursuant to this TOU and the Seller Agreement are exclusive of all value added, service, sales, use, goods and services and similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, service, sales, use, goods and services or similar taxes from you, you will pay such taxes to us. If for any reason, any income tax or withholding tax is determined to be deducted and deposited on any payments or remittances to you, Jagoeve will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against Jagoeve. It is your responsibility as a seller on the Jagoeve platform to choose the most applicable product tax for your products, such that the correct tax rate is applied on all products offered for sale by you on Jagoeve. If we determine that you are not in compliance with this section, then we may suspend the services provided to you on the Jagoeve.com platform.

Q.If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the Jagoeve Site (including any related Technology), we will be free to use, disclose, reproduce, modify, licence, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and posted content.

R.We may amend any of the terms and conditions contained in this Agreement (including the Programme Policies) at any time and solely at our discretion. Any changes will be effective upon the posting of such changes on Jagoeve Site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. Changes to Programme Policies may be made without notice to you. You should refer regularly to Your Account to understand the current Agreement and Programme Policies and to be sure that the items you offer for sale can be sold via Jagoeve Site. YOUR CONTINUED USE OF A SERVICE AFTER JAGOEVE'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

S.Any password we provide to you may be used only during the Term to access Your Account (or other tools we provide) to use the Service, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use Your Account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

T.This Agreement will be governed by the laws of India, without reference to rules governing choice of laws or the Convention on Contracts for the National Sale of Goods. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the courts at Thiruvananthapuram regarding any dispute with Jagoeve relating in any way to this Agreement or your use of the Services. You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

U.Jagoeve retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Policies.

V.The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations or summaries by whatever name known provided in English itself or in any other regional languages are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail. You agree we may communicate with you in English during the Term of this Agreement.

W.You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under applicable Laws.

X.We will send all notices and other communications (including transactional, promotional and/or commercial communication) to you at the e-mail addresses you designated for notifications and updates in your programme application or Your Account respectively, or at the valid phone number provided by you or any other means then specified by Jagoeve. You consent to receive such communications through any mode including SMS, e-mail, phone calls etc. You may change your e-mail addresses or phone numbers via Your Account. You will update your e-mail addresses (as well as your legal name, address and phone number) as often as necessary to ensure that they are accurate. You must send all notices and other communication relating to Jagoeve to us.

Y.This Agreement incorporates and you hereby accept the applicable Terms and the applicable Programme Policies, which Jagoeve may modify from time to time. In the event of any conflicts between the Programme Policies and this Agreement, the Programme Policies will prevail. This Agreement represents the entire agreement between the parties related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.

Z.You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfill any requirements under applicable Laws.

AA.You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. Jagoeve is not an auctioneer, neither is it an intermediary between the customer and the seller. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us.

AB.You will not, and will cause your Affiliates not to, directly or indirectly: (a) disclose or convey any Jagoeve Transaction Information (except you may disclose this information as necessary for you to perform your obligations under this Agreement and provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any Jagoeve Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a Person that has ordered Your Product that has not yet been delivered with the intent to collect any amounts in connection therewith, to influence such Person to make an alternative purchase, or to harass such Person; (d) disparage us, our Affiliates, or any of their or our respective products or services or any customer; or (e) target communications of any kind on the basis of the intended recipient being a Jagoeve Site user. The terms of this Section (xxx) do not prevent you from using other information that you acquire without reference to Jagoeve Transaction Information for any purpose, even if such information is identical to Jagoeve Transaction Information, provided that you do not target communications on the basis of the intended recipient being an Jagoeve Site user.

VI.Sale

Sellers may list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this TOU and the Seller Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. You shall not list Used/ refurbished/ serviced / damaged products of any kind. Jagoeve reserves the right to delete such multiple listings of the same product listed by you in various categories.

VII.Information’s that should be in Jagoeve site

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and Jagoeve has no control over such third party generated content as Jagoeve is merely an intermediary for the purposes of this TOU. Except as expressly provided in the TOU, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Jagoeve’s prior written consent. You may use the information on the products and services purposely made available on the Website for downloading provided you:

(a)do not remove any proprietary notice language in all copies of such documents;

(b)use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;

(c)make no modifications to any such information; and

(d)do not make any additional representations or warranties relating to such documents. You shall be responsible for any content posted or transmitted on the Website. Such content will become our property and you grant us the worldwide, perpetual and transferable rights in such content. We shall be entitled to be consistent with our privacy policy as adopted in accordance with applicable law regarding use of the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us in consistency with our privacy policy and rules of conduct on the Website as mentioned herein ; and you are not entitled to any payment or other compensation for such use.

VIII.License Limitation

Jagoeve grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non assignable and personal license to use "Powered by Jagoeve" and/or “Jagoeve.com” name and its various domain extensions and/or logo on seller’s invoice for transactions concluded on the Website. Further, Jagoeve grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Jagoeve.com” its various domain extensions as applicable name and/or logo on packing material used by Seller for delivery of Products sold on the Website.

IX.Privacy

We view protection of your privacy as a very important principle. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules there under. Our current privacy policy is available on http://www.Jagoeve.com/s/privacy policy. If you object to your information being transferred or used in this manner, please do not use the Website.

We and our affiliates will share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or on re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow this privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.Jagoeve.com, our other domain extensions or with third party merchant's or third party merchant's website.

During the course of your use of the Services, you may receive information relating to us or our Affiliates or to the Services that is not known to the general public (Confidential Information). You agree that: (a) all Confidential Information will remain Jagoeve's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

X.Different Types of Sellers

(a) Preferred Seller: In case of multiple sellers selling same product, the preferred seller is one who is shown at the top of the sellers’ list. This is computed, based on the following parameters:-- defect rate (calculated based on the total number of cancellations, returns, disputes, and poor ratings for a seller); and -- last successful sale (it is applicable to only those sellers who have successfully completed 50 orders) -- or such other parameters as may be specified from time to time

(b) Trusted Seller: Sellers trusted by Jagoeve to sell have a Jagoeve trusted-seller badge associated with them. Sellers become eligible if they meet the following criterion -- less than 5% defect rate consistently for more than 6 months or such other parameters as may be specified from time to time.

( c) Special Seller: sellers who have perfect record in transaction at Jagoeve and shall be called by suitable name as decided from time to time.

XI.Qualified Sellers

Qualified sellers on Jagoeve have exclusive features like ‘Wallet’, ‘Store credit’, ‘Gift card’, and more. Sellers become eligible if they meet the following criteria:

-- less than 5% of defect rate consistently for more than 6 months; and

-- selling in all the major categories listed on Jagoeve; or has high volume in terms of sales per month

-- or such other parameters as may be specified from time to time.

The final call on trusted and qualified sellers is Jagoeve’s sole discretion.

XII.Payment

(a) Transactions:- transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Jagoeve liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Website.

(b) You have specifically authorized Jagoeve or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically to and from buyers in respect of transactions through payment facility. Your relationship with Jagoeve is on a principal to principal basis and by accepting the TOU and the Seller Agreement, you agree that Jagoeve is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Website and paid for by using the payment facility. Jagoeve does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.

(c) You understand, accept, and agree that the payment facility provided by Jagoeve is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Jagoeve neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

(d) If you activate any other category/products on your own, the terms of this agreement shall be extended for those too and charges for the said transactions, by whatever name known shall be binding on the sales of such added products in full.

XIII.Payment Facility for Sellers:

1.You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the policies to ensure that the products and/or services are delivered in a timely manner. Further, seller will solely be responsible for undertaking transit insurance for products sold on the Website. For avoidance of doubt, Jagoeve will not be responsible for undertaking any insurance(s) for products sold by sellers on the Website.

2.A seller shall provide dispatch details to Jagoeve in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.

3.A seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (POD) documentation. Such POD documentation relating to delivery should be maintained by a seller for a period of twelve (12) months from the date of dispatch. The POD should be furnished to Jagoeve on demand within the time frame as notified from time to time.

4.A seller agrees that 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.

5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and which may lead to suspension and/or termination of seller account.

6.A seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:

a)buyer confirms the delivery of products and/or services in the transaction;

b)a buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;

c)a buyer’s refund claim is rejected by Jagoeve due to any breach of the TOU, policies, and any applicable law;

d)remittances to a seller for successful transactions under the payment facility, would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (‘RBI Intermediary Guidelines”).

e)Transaction Timelines: Transaction on the Website shall be deemed to be complete only once the following action items are concluded by the respective parties as detailed below:

Step Action Item Days

1.Seller to procure and ship the product(s) sold 1 - 2 days

2.Logistics partner to ship and deliver the product(s) sold 2 - 5 days

3.Buyer to confirm the acceptance or refusal and return the product(s) 3 - 4 days

Once the transaction is completed effectively as stated above, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines. Fee details are described fully in the applicable Service Terms annexed to this document as Marketing fees of Jagoeve. You are responsible for all of your expenses in connection with this Agreement, unless this Agreement or the applicable Service Terms provide otherwise.

For the Jagoeve Site that you register for or use a Service in connection with, we may require you to submit valid credit card information from a credit card acceptable by Jagoeve (with respect to such Jagoeve Site, "Your Credit Card") as well as valid bank account information for a bank account in your name that is with a bank located within India and enabled for Your Account (which functionality may be modified or discontinued by us at any time without notice) (with respect to the Jagoeve Site, "Your Bank Account"). You will use only a name you are authorized to use in connection with the Service and will update such information as necessary to ensure that it at all times remains accurate and complete. You authorize us to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). At Jagoeve's option, all payments to you will be made to Your Bank Account, via cheque or electronic transfers or other means as specified by us.

You agree that Jagoeve shall not be liable for any failure to make payments to you on account of incomplete or inaccurate information provided by you with respect to Your Bank Account. In addition to charging payable sums to Your Credit Card, we may instead choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency.

If we discover erroneous or duplicate transactions, then we reserve the right to seek reimbursement from you by deducting from future payments owed to you, charging Your Credit Card, or seeking such reimbursement from you by any other lawful means; provided that the foregoing will not limit your rights to pursue any good faith dispute with Jagoeve concerning whether any amounts are payable or due. If we reasonably conclude based on information available to us that your actions and/or performance in connection with the Agreement may result in a significant number of customer disputes, chargebacks or other claims in connection with the Jagoeve Site, then we may, in our sole discretion and subject to applicable Law, delay initiating any payments to be made or that are otherwise due to you under this Agreement for the shorter of: (a) a period of sixty (60) calendar days following the initial date of suspension; or (b) completion of any investigation(s) regarding your actions and/or performance in connection with the Agreement. You agree that we are entitled to the interest, if any, paid on balances maintained as deposits maintained in our Bank Account.

Term and Termination

The term of this TOU will start on the date of you start using the Services and continue until terminated by us. We may terminate or suspend this TOU or any Service immediately in our sole discretion by notice to you for any reason at any time.

Licence

You grant us a royalty-free, non-exclusive, worldwide, irrevocable right and licence during the Term thereafter as you are permitted to grant the said license under and for as long applicable Law to use, reproduce, perform, display (public communication), distribute, adapt, modify, re-format, create and exploit derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our Affiliates however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using the standard functionality made available to you via the applicable Jagoeve Site); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your Affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).

XIV.Representations

You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licences and authorizations you grant hereunder; and (c) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

Registration on the Website is free. Jagoeve does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Jagoeve Website, we request you to review our marketing fee policy, which is hereby incorporated by reference into this TOU. Jagoeve reserves the right to change its fee policy from time to time. In particular, Jagoeve may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, Jagoeve reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Jagoeve. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Jagoeve. At present the Marketing Fee of Jagoeve are given here under:-

Jagoeve Marketing Fees:

Category Percentage
Clothing 17%
Footwear 12%
Handloom (concentration on saree store) 17%
Mobiles 4%
Tablets 3.50%
Laptops 3%
Cooking & Serving
Pressure cooker, Casserole 5%
Kitchen Appliances 5%
Accessories
Mobile, Tablet, Computer, Laptop 12%

Marketing fees is expressed as a percentage of Selling price of the product and jagoeve marketing fees does not include the service tax; which will be charged at the rate as applicable from time to time. Jagoeve reserve the right at our sole discretion, to changes, modify, add or remove portions of the above item and percentage of Marketing fees without any written notice to you. It is your responsibility to review the Marketing Fees of Jagoeve periodically for update/changes. Your continued use of the web site following the postings of changes will mean that you accept and agree to the revisions.

Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, Service Charges, Cesses etc levied thereon.

XV.Rules for Express Remittance for Qualified Sellers

I.A seller agrees that Jagoeve may offer to provide Express Remittance to qualified sellers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Jagoeve, at its sole discretion, may make such an offer to qualified sellers and the same shall not be construed as a right but only as a privilege. Qualified sellers understand that Jagoeve reserves the right to withdraw Express Remittance at any time for any violation of the TOU or Jagoeve’s policies and/or failure by qualified sellers to maintain or comply with the parameters as may be decided by Jagoeve from time to time.

II.A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, a seller shall ensure that invoices state ‘Powered by Jagoeve’ or use the invoice as provided by jagoeve for each order, and failing to do so, a seller shall be liable to charge backs (as applicable).

III.In case of any charge backs levied by the bank, Jagoeve shall have the right to deduct such charge backs from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Jagoeve shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Jagoeve has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Jagoeve to the Seller.

IV.Jagoeve may delay notifying the payment confirmation, i.e. informing seller to dispatch if Jagoeve deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Jagoeve may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.

V.Sellers and buyers acknowledge that Jagoeve will not be liable for any damages, interests , claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Jagoeve.

VI.Jagoeve shall make payments into the bank account provided by a seller during the seller registration process. Once Jagoeve has made payments into such a bank account number, Jagoeve shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

XVI.Compliance with Laws:

A.Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India applicable to them respectively for using Payment Facility and Jagoeve Website.

B.All online bank transfers from valid bank accounts are 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 to between a seller, buyer and the respective issuing bank.

XVII.Intellectual Property Rights:

Intellectual property rights for the purpose of the TOU shall always mean and include copyrights, whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs -- both industrial and layout -- geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights and infringement rights. All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Jagoeve as the owner of such domain names. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of users and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and our control or control of its licensors, as the case may be. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

XVIII.Product Description

Jagoeve does not warrant that product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

XIX.Breach

Without limiting other remedies, 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 Website in the event of, including but not limited to, the following:

1.if you breach the TOU, privacy policy, seller agreement or other policies and agreements (if any);

2.if we are unable to verify or authenticate any information you provide; or

3.if it is believed that your actions may cause legal liability for you, other users, or us. We may at any time, at our sole discretion, reinstate suspended sellers. A seller or user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the TOU, privacy policy 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.

XX.Indemnity

1.You agree to indemnify, defend and hold harmless JAGOEVE, its owner, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the TOU, privacy policy and other policies and Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

2.JAGOEVE may notify You of any claims which You shall be liable to indemnify JAGOEVE against. You will then be required to consult with JAGOEVE regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of JAGOEVE without the express prior written consent of JAGOEVE which can be withheld or denied or conditioned by JAGOEVE in its sole discretion.

3.Notwithstanding anything to contrary in the Agreement(s), JAGOEVE's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to JAGOEVE under the relevant order to which the cause of action for the liability relates.

4.Notwithstanding anything to contrary in the Agreement(s), in no event shall JAGOEVE, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not JAGOEVE has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

XXI.Trademark complaint

Jagoeve respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Jagoeve at [email protected]

XXII.Copyright complaint

Jagoeve respect the intellectual property of others. If you feel that your work has been copied in any way that constitutes copyright infringement you can write to Jagoeve at [email protected]

XXIII.Trademark,Copyright and Restriction

The Website is controlled and operated by Jagoeve and products are sold by respective registered sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

XXIV.Limitation of Liability

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

XXV.Applicable Law

The TOU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be at Thiruvananthapuram, Kerala State, India.

XXVI.Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Jagoeve makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Jagoeve is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.

XXVII.Contact Us

Please send any comments or questions, including all enquiries not related to copyright infringement, on the Website to [email protected]

XXVIII.Grievance Officer

In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer is provided below:-

All grievances to be filed to/before or mailed to:-

Mr.C.Rajasekharan Nair, Director (Administration),

Grievance Officer,

JAGOEVE,T.C.9/1483 (1),

‘Dhanya’, Radhappurakunnu Road,

Sasthamangalam P.O,

Thiruvananthapuram,

Pin 695010, KERALA, INDIA.

Phone: +91 471-2724111.

Time: Mon-Fri (10.00-16.00 hours) Email- [email protected]

XXIX POLICIES

1.Replacement Guarantee Policy

The Replacement Guarantee seeks to assist buyers who have been defrauded by sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product(s) any defect is found, then the buyer of the product(s) can ask for replacement of the product(s) from the seller.

If Jagoeve has suspicion or knowledge that some users are involved in any activity that is intended to provide information or claims that are false, misleading, or not genuine, then Jagoeve may, while reserving its rights to initiate civil and/or criminal proceedings against users and at its sole discretion, suspend, block, restrict, or cancel the right of the users to use the Website and/or disqualify users from availing themselves of any protection through this program.

Jagoeve reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Jagoeve may, at its sole discretion, suspend, block, restrict, or cancel the display name (and its related display names) of such a seller and/or disqualify that seller and any related sellers from availing themselves of protection through this program. Any person who, knowingly and with intent to injure, defrauds, deceives, or files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law. For qualified sellers, refer to Cancellations and Returns Policy for more details.

2.Return & Refund Policy

Return Policy

1.About Jagoeve’s business model:

(a) Market Place model:

Jagoeve works on a pure market place model. This means that Jagoeve does not stock or hold inventory of goods sold by the sellers through our website, and sellers themselves are selling the products directly to the buyers against their orders. This has ensured that our buyers get the latest products, design and fashion. The inspection, packing and dispatch of the ordered product is done by the seller themselves and Jagoeve has specific contract with sellers to ensure that they exercise due diligence to ensure that 100% buyer satisfaction is delivered in line with the Jagoeve business policy.

(b)All purchase orders placed by the buyers at the websites go to the sellers, who by themselves inspect, packs and dispatch the item to the buyer’s given shipping address. Based on the location of the buyer, the seller ships the buyer’s order to them through our Courier Partners / reputed courier service.

2.Before taking delivery of an ordered item:

Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If you observe that the package is damaged or tampered, we request you to refuse to accept delivery and inform Jagoeve at the earliest, least within 24 hours of the refusal to accept shipment. Report this concern by clicking on “cancellations & returns” option under “My Shopping” in your “My page” within the stipulated period. We will look at it immediately and get back to you.

3.Acceptance of Ordered Item shipment on arrival:

By agreeing to the terms of use of the website, you are also agreeing that you will accept delivery of all orders made by you or your authorized representative acting on your behalf at our website, and will not reject or refuse to accept an order placed by you or on your behalf at the time of delivery, unless it arrives in a damaged condition or in tampered packaging. Appropriate charges to compensate for the loss incurred to the seller/ Jagoeve shall be collected from the buyer’s who refuse to accept their ordered items for reasons other “items arrived in damaged condition or in tampered packaging”.

4.Cancellations:

(a)Cancellation by Jagoeve:

There may be certain orders that Jagoeve is unable to accept and must cancel. Jagoeve reserves the right, at Jagoeve's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in your order being cancelled include, without limitation, non-availability of the product or quantities ordered by you, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Jagoeve's credit and fraud avoidance department. Jagoeve may also require additional verifications or information before accepting any order. Jagoeve will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your credit card account.

(b)Cancellation by the buyer: 

(i)In case of requests for order cancellations, Jagoeve reserves the right to accept or reject requests for order cancellations for any reason whatsoever.

(ii)Note here that, as a part of our customer oriented business policy to ensure 100% customer satisfaction, as soon as an order is placed by you at our website, those orders are passed on immediately to the sellers along with specific dispatch and shipping instructions received from you. To effect the shortest delivery time of your ordered products, Jagoeve constantly follows up with the sellers to expedite the process and to ensure the timely dispatch of your order by them. As part of usual business practice, if Jagoeve receives a cancellation notice and the order has not been processed by the seller/ approved by Jagoeve, Jagoeve shall cancel the order and refund the entire amount to you within a reasonable period of time as detailed in our Refund policy.

(iii)Jagoeve will not be able to cancel orders that have already been processed and approved by Jagoeve and where the ordered products have been dispatched by the seller. Jagoeve has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Jagoeve and accept Jagoeve’s decision regarding the cancellation of order placed by the buyer.

(iv)Jagoeve reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Jagoeve as per certain criteria. Any Jagoeve Reward Point or “Free Gift Vouchers” used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:

Products ordered are not for self-consumption

Multiple orders placed for same product at the same address

Bulk quantity of the same product ordered

Invalid address given in the order details

Any malpractice used to place the order

5.How to cancel your order:

You can cancel your order any time before the shipping/ dispatch of your product by the seller or the order being processed and approved by Jagoeve. If you decide to cancel a placed order, just click on “returns and cancellations” under “My Shopping” at your “My Page” and fill in the “cancellation request form” accordingly. Subject to conditions, Jagoeve will cancel it and initiate your refund.

6.Time duration of cancellation:

We take 1-2 business days to cancel your order and initiate the issue of Jagoeve refund vouchers as applicable. You will be intimated once the cancellation is complete.

7.Return and Product replacement:

The process:

(a)You are expressly requested to notify the receipt of a damaged/ liable for the failure to replace the order. Defective product/service within 48-hours of delivery to Seller. If you fail to do so within 48-hours, Jagoeve shall not be held liable for the failure to replace the order.

(b)Jagoeve works on a pure market place model. This means that Jagoeve does not stock or hold inventory of goods sold by the sellers through our website, and sellers themselves are selling the products directly to the buyers against their orders. You expressly acknowledge that the Vendor will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Jagoeve shall not in any manner be held liable for the same.

(c)Jagoeve will disburse your funds to the seller but never pass along your payment information. Sellers who dispatch the orders will also handle all of their customer service. The return process and replacement of the product may be restricted by Jagoeve depending on the nature and category of the product.

(d)Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product or a service when presented by You with a valid gift Voucher or otherwise, You acknowledge that the vendor will be solely liable to reimburse such amount as has already been paid by you for the purchase of such order. Further, you agree that Jagoeve will not be held liable for failure of the Vendor to make available any product or service therein.

(e)Upon receiving your complaint, Jagoeve shall verify the authenticity and the nature of the complaint and if Jagoeve is convinced that the complaint is genuine, Jagoeve will inform the relevant seller of such complaint and request them to make a replacement. Seller shall get in touch with you within 3 working days to resolve the issue, failing which you can raise the issue before “Jagoeve 100% Buyer protection”.

(f)Jagoeve 100% Buyer Protection covers buyers who are unable to successfully resolve their dispute with the seller, or are not satisfied with the resolution provided by the seller. In case the seller declines a replacement request and you are unconvinced with the reason provided, you can write to us to at [email protected] .You can file a dispute within 30 days from the date of delivery. Jagoeve mediates buyer-seller disputes on a case-by-case basis by our “Credit & Fraud Avoidance Department” under our Legal team.

(g)If a dispute arises between you and a seller, and the seller fails to address your query in three business days, the Jagoeve 100% Buyer protection Guarantee is available to you. For more information, go to “Jagoeve 100% buyer protection”.

(h)However, in the event of frivolous and baseless complaints regarding the quality and content of the products, Jagoeve reserves the right to take necessary legal actions against you and you will be solely liable for all costs incurred by Jagoeve in this regard.

8.How and when to return an item

(a)Jagoeve has a simple return policy under which you can return a product received in a damaged or defective condition. In case of categories like Apparel and Footwear, the return policy is also applicable if the product does not fit you due to a size mismatch.

(b)Jagoeve has a 48 hours return policy which means that you can request a return within 48 hours of receiving the product by you.

(c)In order to return any products sold through the Website, You are required to comply with the below mentioned conditions, viz:

1.Please notify the receipt of a damaged/ defective product/service within 48-hours of delivery of the same Jagoeve. If you are unable to do so within 48-hours, Jagoeve shall not be held liable for the failure.

2.Products should be unused;

3.Jagoeve will notify on how to ship the product back to the seller and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from the receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Jagoeve; and are unless otherwise specified, refunded in the form of Jagoeve vouchers.

4.It's important that the product is to be send back in its original packaging, along with the original manufacturer price tags, labels, barcodes, user manual, warranty card and invoices, other original tags, including the box, manufacturer's packaging if any, and all other items originally included with the product(s) delivered (including any free or complimentary items).

5.It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit.

6.The returned products are subject to verification and checks by the seller in order to determine the legitimacy of the complaint/ return.

Note:

All the items sold at our website are by sellers themselves, and no stock of goods is kept with Jagoeve.

Jagoeve seller policy stipulates specifically that the Sellers should ensure that stock is on hand for delivery. But now and then the availability of a listed item will change by the time an order is placed. If a seller is unable to deliver, they should refund you promptly so that you can place a new order. Please note that occasionally a stock-out may happen in spite of our strict policy guidelines to the sellers to keep them to a minimum.

9.In event of a return request being accepted by the seller, possible solutions are:

Replacement of the product with a similar product (only if stocks are available with our Seller);

Exchange (only for Apparel and Footwear); or.

Full refund of your money.

(a)Replacement

If you have received an item in a 'Damaged' or 'Defective' condition or it is 'Not as Described' by the Seller, you may request a replacement at no extra cost. Return Policy is Seller specific and their terms may differ. Please check the respective Seller's policy when buying or before initiating a return for a replacement. Replacement is subject to availability of stock with the Seller. Subject to the seller’s approval of the replacement request, if the product is out of stock, you will receive a full refund for the value paid by you for the product.

(b)Exchange

(i)If you are not satisfied with the fitting of the Clothing and Footwear item delivered, you can request an exchange in a different size at no extra cost to you. Be sure to check the Seller's Return Policy when buying or before initiating a return for exchange. Exchange is subject to availability of stock with the Seller. If the product is out of stock, you will receive a full refund in form of Jagoeve refund voucher for the same amount within 48 hours of the seller receiving your returned goods and approving the returns.

(ii)We allow exchange on items such as Apparel and Footwear, where a trial is required to determine if the fit is right. Refund/ exchange/ replacement is not allowed for inner garments and personal hygiene products for health reasons. IF size ordered is the size shipped, and if the size chart uploaded by the seller in the website is correct in terms of measurement, then ordered item by the buyer is not eligible for exchange/ replacement.

Subject to the seller’s approval of the exchange request, you can exchange an item for the same product in the size of your choice. We hope you understand that the product can only be used for trial and cannot be used, washed, ironed or tampered in any way. Product(s) need to be unused, unaltered,unsoiled, original condition with their original tags including but not limited product bar code, price tag etc; and packaging intact. When returning the product to the seller, please include all price tags, labels, original packing and invoice along with the product.

10.(a)Exchange/Alternate Product is not given for the following:

In the interests of hygiene, the seller at Jagoeve may refuse returns where it's obvious that the item has been worn, washed or soiled

Returns shall not be accepted for innerwear and lingerie due to intimate nature of products and hygiene.

Products that are sold as sets/combos cannot be exchanged as individual items.

In case the size requested is out of stock, Jagoeve refund voucher of the same amount is issued, using which you can order any other product from Jagoeve.

Returns shall not be accepted for made to order products like customized mattress & carpets, customized furniture, customized jewellery etc.

CD/DVDs are not eligible for refund, only replacement will be given in such cases.

(b)Returns for Replacement/ Exchange/ Refunds under certain scenarios will NOT be accepted as given below:

1.Request for return is made after 48 hours of receiving the product by you,

2.Product is used or is not in its original condition as you received it.

3.Products that are returned without its original packaging, freebies or accessories.

4.Product was damaged after use/opening.

5.Incidental damage due to malfunctioning of the product.

6.Products like innerwear, lingerie, socks, freebies, bullion, etc. do not qualify for replacement, exchanges or refund.

7.Any consumable item which has been used or installed.

8.Product with tampered or missing serial number/IMEI number/UPC number.

9.Missing manufacturer tag especially in case of apparel and footwear.

10.Any damage/defect which is not covered under the manufacturer's warranty.

11.Defective products which are covered under the manufacturer's warranty.

12.Anything missing from the package you've received including price tags, labels, original packing, freebies and accessories

13.Made-to-order / custom jewellery.

14.Fragile items, hygiene related items.

15.For clothing and foot wear, In the interest of hygiene, the seller may refuse returns where it’s obvious that the item has been worn, washed or soiled.

16.Products which were sold as combos/sets, are not eligible for return/replacement as individual items.

17.Seal open branded electronic items cannot be returned in case of not being happy with the product as they can’t be resold.

18.In case of branded electronic items, the particular brands’ return, repair and replacement policy will apply.

19.Baby breast pads & shields, Diapers, Soothers etc.

20.Sports, Fitness and Outdoor products including Treadmills, Exercise bikes, Home gyms, Massage machines etc.

21.Pet Supplies of all kinds.

22.Health & Personal care products like body supporters, Incontinence products like adult diapers, sexual well being products etc.

23.All Beauty products like cosmetics, perfumes, deodorants, fashion accessories, fragrances, nail polish etc.

24.Remote-controlled toys and their accessories.

25.Any free/complimentary items received along with the main order.

26.For clothing and footwear, in case the size requested is out of stock with the seller, 100% Buyer protection will issue Jagoeve voucher of the same amount, using which you can order any other product from Jagoeve.

27.Product is damaged due to misuse or Incidental damage due to malfunctioning of product.

28.Any consumable item that has been used or installed.

11.Returning an item bought from a seller of Jagoeve :

Go to “My Page” and click “Returns & Cancellations” under “my shopping”

Fill up the product return form and add the order information as required. Select an option from the Reason for return menu. You can add any additional information in the Comments box.

Click Submit for Approval.

For complaints regarding products received by the buyer for any reason whatsoever, for replacement/ exchange, or to raise the issue of buyer not accepting an ordered product on account of the product's packaging being in damaged or tampered condition on arrival, the buyer should log on to “My Page” and click “Returns & Cancellations” under “my shopping” and submit the request within 48 hours of the receipt of the order/ refusal to accept the order on account of tampered or damaged product packing on arrival, to avail the benefit of prompt replacement/ exchange/ refund.

*After the seller reviews your return request and approves, you will receive an update with the “return label” and instructions on how to return your item. You will also be issued an “Return Authorization Number” that has been issued for processing this product return, along with the mailing address of the seller to which you shall be returning the products. A specific “Return Label” would be generated for your product return to the seller. You can either print or write and paste the “return label” on your package and you can legibly and in bold letters write the seller's return address and “Return Authorization Number” on a piece of paper and paste it onto the return package.

Note:Replacement is subject to availability of stock with our sellers. In case a replacement cannot be made by them, we will initiate a full refund for the transaction. In case size requested by you is out of stock ( for clothing and footwear), within 48 hours of the receipt of the returned item by the seller, Jagoeve refund vouchers for the same amount will be issued to you, using which you can order any other product from Jagoeve.

12.Full Refund:

(a)On receipt of the returned product, the seller will evaluate your claim and, in the event the return of a product is duly accepted by the seller, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, will be refunded to you in form of Jagoeve refund vouchers.

(b)As per the 48 hours return policy, if you wish to return or exchange a product, you must intimate Jagoeve within 48 hours of you receiving the product. As per our returns policy, category-wise details for return/refund are as follows:

1.Apparel and Footwear do not fit because of a size mismatch/issue.

2.Kids Products and Toys (non remote-controlled), Healthy & Beauty, Home & Kitchen, Apparel, Footwear, Books if they were defective and/or damaged when received. Products cannot be returned if the reason for return is other than "defective" or "damaged".

3.Digital products, Mobile phones, Computers, Tablets, Home & Kitchen (electrical), Electronics and Appliances if found to be defective or damaged on arrival. The products cannot be returned if the reason for return is other than "defective" or "damaged".

(c)However, if any manufacturing defect or damage is reported to us after 24 hours, we would need a DOA( Dead On Arrival) certificate/replacement certificate from the respective Brand's authorized service centre to initiate the refund process. Without the DOA certificate/replacement certificate we will not be able to process the replacement or refund.

(d)Subject to the approval of the same, Refund will be processed based on the mode of payment and Jagoeve or the approved payment gateway will credit your refunds directly into Your debit/credit card or online accounts or provide you with a cheque in this regard. Refunds will be subject to the following:

(e)Refund in form of Jagoeve refund vouchers will be done within 48 hours of the receipt of the returned product by the seller.

Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by Jagoeve;

If the product can be repaired by the service centre, Jagoeve would direct the seller to get the same repaired and send it back to you.

A Free Gift Voucher, once used shall not be refunded in case of cancellation of order either by customer or Jagoeve.

(f)If you do not receive a response within three business days from the seller, you can submit a claim under “100% Buyer Protection” ( clickable link with e-mail to [email protected] matter to be escalated to urgent status and e mail generated to managers )

13.Product Return Shipping:

(a)You will be required to courier the product to the seller. Please ensure that the product is in original and unused condition, complete with the original price tags, labels, original packing and invoice. Replacements are subject to availability of stock with our Sellers. In case a replacement is not available, we will initiate full refund as detailed in refund policy.

(b)After the seller reviews your return request and approves, you will receive an e-mail with the “return label” and instructions on how to return your item. You will also be issued a “Return Authorization Number” that has been issued for processing this product return, along with the mailing address of the seller to which you shall be returning the products. A “Return Label” would be generated for your product return to the seller. You can either print or write and paste the “return label” on your package and you can legibly and in bold letters write the seller's return address and “Return Authorization Number” on a piece of paper and paste it onto the return package.

(c)In case, you return the product via courier we advise you to use a reputed courier company which allows online consignment tracking.

A buyer needs to raise the return request within 2 days of delivery. Once the buyer has raised a return request by contacting us, the following course of actions are open:

1.Replace after shipment being returned to seller

2.Refund after shipment being returned to seller

3.Refund without shipment being returned to the seller: at the discretion of the seller

4.Replace without shipment being returned to the seller : at the discretion of the seller

In case a seller doesn’t close the return and or refund request within 3 working days from the date of receiving intimation about the request, the return request shall be settled in favor of the buyer; subject to the condition that the seller receives back from the buyer the unused original item/ items that have been shipped in full.

Further, for a return to be made by the buyer to the seller, can only be initiated on the following grounds by the buyer:

a. Item damaged during Shipping

b. Item was defective

c. Item dead on arrival

d. Item(s) missing

e. Wrong item sent

f. Used item sent

g. Counterfeit item

h. Partial item sent

i. replacement: wrong size than the size ordered [for clothing & footwear only]

Brand's policy shall apply for specific branded product. For sellers who sell branded products, which are bound by brand policies of repair, exchange, refunds and cancellations thereby binding the customer with the same.

Refund/ exchange/ replacement is not allowed for inner garments and personal hygiene products for health reasons. IF size ordered is the size shipped, and if the size chart uploaded by the seller in the website is correct in terms of measurement, then ordered item by the buyer is not eligible for exchange/ replacement.

Refund shall be granted to the buyer in event of:

Refunds are granted for all successfully cancelled orders by buyer, seller and jagoeve.

a. An order being cancelled by the buyer before the order has been processed by jagoeve and/ or seller

b. An order has been cancelled by the seller if the ordered item is Out of Stock

c. An order can be cancelled by Jagoeve if it is found that the said payment mode used has been from dubious source

d. On orders that have been successfully returned to the seller and the seller has recommended refund to the buyer

e. An order that has been lost in transit during shipping; wherein the shipping partner cannot locate the item shipped for any reason whatsoever

f. An order that has been cancelled by admin as the buyer has refused to accept due to the package being open at the time of delivery

g. An disputed order wherein the dispute has been resolved in favour of the buyer

h. An order wherein the buyer has raised a claim of refund under Jagoeve 100% buyer protection cover and has been resolved in favour of the buyer by jagoeve or any legal body

i. An order cancelled by the fact that seller has not shipped the ordered item within the time frame stipulated for the same

j. An order cancelled by jagoeve for reasons like system security breach or any technical glitches

k. An ordered item that has been granted return to the seller as the seller cannot provide exchange or replacement for the item

l. An order that has been cancelled by the payment gateway and disputed via charge back. ( details given below)

3.Replacement Policy

1.Definition:

Replacement is the action or process of replacing something in place of another. A buyer can request for replacement whenever s/he is not happy with an item, the reasons for which could be damaged shipping, defective item, item(s) missing, wrong item shipped and the like. Return request has to be raised by the buyer for this.

Points to be noted:

1. A seller can always accept a return irrespective of the policy.

2. If a seller disagrees to a return request, the buyer can file a dispute under Jagoeve 100% Buyer Protection Program. A buyer needs to raise the replacement request within 3 days of the date of delivery of products. Once a buyer raises a return request (say, by contacting us ), the following steps shall be followed:

1. The buyer shall be asked the ‘reason for return”. Among others, the following may be the reasons:

a. Shipping was damaged

b. Item was defective

c. Item dead on arrival

d. Item(s) missing

e. Wrong item sent

f. Used item sent

g. Counterfeit item

h. Partial item sent

2. An intimation shall be provided to the seller seeking either ‘approval’ or ‘rejection’ of the return request.

3. In case the seller accepts the return request, the buyer shall be required to return the product to the seller and only after return of the product, the seller shall be obliged to provide a replacement product to the buyer.

4. Incase the seller rejects the return request, the buyer can choose to raise a dispute by writing to [email protected]

5. In case the seller doesn’t have the product at all, the seller can provide a refund to the buyer and the buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

6. In case a seller doesn’t close the return and or refund request within 3 working days from the date of receiving intimation about the request, the return and or refund request shall be settled in favor of the buyer; subject to the condition that the seller receives the unused original item in full back from the buyer.

7. All shipping charges, IPG charges, and other return charges shall be borne and incurred by the seller.

4.Disputes(Resolutions) Policy

(a) Overview

Generally, transactions are smooth on Jagoeve. However, there may be some cases where buyers and sellers face issues. At Jagoeve, we have a dispute resolution process in order to resolve disputes between buyers and sellers.

(b) What is a dispute?

A dispute can be defined as a serious disagreement between a buyer and a seller in connection with a transaction on the Website.

(C) How disputes happen in a marketplace?

Disputes are filed as a result of disagreements between buyers and sellers. Disputes can be raised by either party with the other when complaints/issues are not resolved in their favor. It is important that before buyers raise disputes, Buyer and Seller should attempt to resolve the issues between themselves. Also another VERY IMPORTANT factor is that whenever a buyer raises a dispute, the seller’s payment for that order is put on hold immediately until a resolution happens.

(d) How a dispute is created?

Whenever there is a disagreement, a buyer can write an email to [email protected] and a seller can write to [email protected] (seller issues) in order to raise a dispute. A dispute can be raised at a particular transaction level.

(e) What are the various disputes?

The following are some indicative examples of potential disputes:

1. wrong item received;

2. item not as described;

a) damaged or seal-broken product;

b) part/accessory missing;

c) item not compatible;

d) seller description/specification wrong;

e) defective (functional issues);

f) product not working

g) used item sent

h) counterfeit item sent

In case a seller rejects the return request of a buyer, and the buyer raises a dispute, then Jagoeve shall try and mediate between the seller and the buyer for a resolution of the dispute. If the dispute is resolved in favor of the buyer, then the buyer shall be entitled to a refund/replacement provided the buyer returns the product to the seller. If the dispute is settled in favor of the seller, the buyer shall not be entitled to any refund/replacement.

(f) Disputes via Chargeback

A chargeback (CB) may be issued from the PG/bank in the following situations:

1. item-not-received CB -- it means a buyer hasn’t received the item. A refund will be created in accordance with the dispute policies;

2.Unauthorized CB -- it means a buyer hasn’t done this particular transaction. Refund will be created in accordance with the dispute policies. Sellers expressly agree that issuing correct and complete invoices is the sole and primary responsibility of sellers. Furthermore, sellers shall ensure that invoices state ‘Powered by Jagoeve’ and failing to do so, sellers will be liable for charge backs (as applicable); and

3. item not as described -- it means the received item is not what the buyer expected. A dispute will be decided in accordance with the dispute policies.

5. Email Abuse & Threat Policy

(A) Private communication, including email correspondence, is not regulated by Jagoeve. Jagoeve’s policy is to encourage users to be professional, courteous, and respectful when sending emails. However, Jagoeve will investigate and can take action on certain types of unwanted emails that violate Jagoeve’s policies. Jagoeve will investigate and can take action if any of the following is reported:

1. Threats of bodily harm – Jagoeve does not permit users to send explicit threats of bodily harm.

2. Misuse of Jagoeve’s system – Jagoeve allows sellers/buyers to transact through Jagoeve’s system, but will investigate any misuse of this service.

3.Spoof (fake) email – Jagoeve will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through the ‘Contact Us’ tab.

4.Spam (unsolicited commercial email) – Jagoeve’s spam policy applies only to unsolicited commercial messages sent by users. Jagoeve’s sellers/buyers are not allowed to send spam messages to other sellers/buyers.

5.Offers to buy or sell outside the Website – Jagoeve prohibits email offers to buy or sell listed items outside the Website. Offers of this nature are a potential fraud risk to both sellers and buyers.

6.Jagoeve’s policy prohibits threats of physical harm via any method, including phone, email, and our public message boards.

Violations of this policy may result in a range of actions, including:

a) limits on account privileges;

b) account suspension;

c) Legal action

d) cancellation of listings;

e) loss of special status.

6. Other Businesses policy

Jagoeve does not take any responsibility or liability for the actions, products, content, and services on the Website that are linked to websites of affiliates and/or third parties using the Website’s APIs or otherwise. In addition, the Website may provide links to third-party websites of our affiliated companies and certain other businesses for which Jagoeve assumes no responsibility for examining or evaluating the products and services offered by them. Jagoeve does not warrant the offerings of any of these businesses or individuals or the content of such third-party website(s). Jagoeve does not endorse, in any way, any third party website(s) or content thereof.

7. Mature Audience Policy

Under Indian law it may be a criminal offence for you to buy or sell certain types of films, publications, MMS and computer games which may be adult in nature or otherwise not appropriate for minors (individuals under 18 years of age) or prohibited under law and the same should not be listed on Jagoeve. Violations of this policy may result in a range of actions, including:

1.listing cancellation;

2.limits placed on account privileges;

3.Legal action

4.loss of special status; and

5.account suspension.

8.Category Condition Policy

Sellers at jagoeve cannot sell Used/ refurbished/ serviced / damaged products of any kind.

Electronics Should be New with original accessories Included Clothing and Footwear Should be “New & Unworn”. Beauty, Health & Personal Care Should be “New & Unopened”. Sports & Equipment’s Should be “New” and returned with original. Packaging Office Products Should be “New” and returned with original. Packaging If a product being returned is not in accordance with the above parameters, then the buyer shall not be entitled to any refund of money from the seller. The shipping cost for returning the product shall be borne and incurred by the seller.

9. Jagoeve BUYER COMPLAINT RESOLUTION POLICY

Introduction

This Buyer Complaint Resolution Policy is meant to provide adequate resolution to all such orders where the buyer has raised any complaint (s) including but not limited to product delivered to the buyer being not as per specifications mentioned on the website (www.Jagoeve.com) or as per the order placed by the buyer or faulty/damaged /wrong products, size issues etc., and it also covers the mechanism to handle the complaints of sellers where you have received as return the damaged /wrong/partial, products etc.

Buyer Complaint Resolution Mechanism

“Jagoeve 100% Buyer Protection” covers buyers who are unable to successfully resolve their dispute with the seller, or are not satisfied with the resolution provided by the seller. Once buyer receives a product and raises a complaint with regard to the receipt of partial /damaged/ defective / wrong/Used/ counterfeit product etc., then Jagoeve will resolve buyer’s complaint resolution mechanism.

JagoEve 100% Buyer Protection stands for whom for what, when and why? It stands for the full satisfaction of the buyer who wish to fulfill their need through e-com via Jagoeve website.

JagoEve 100% Buyer Protection seeks to help Buyers who have an issue with a product as the Seller is unable to provide resolution and the Buyer is unconvinced. It covers buyers who are unable to successfully resolve their dispute with the seller, or are not satisfied with the resolution provided by the seller.

In case the seller declines a replacement request and you are unconvinced with the reason provided, you can write to us to at [email protected] . You can file a dispute within 30 days from the date of delivery. JagoEve looks at each dispute on a case-by-case basis and tries to be fair to both parties. Buyers and Sellers are subject to final consent from JagoEve for settling the dispute.

Before the dispatch/delivery of the product:

If your order is not dispatched within 5 business days, after the promised shipping date, 100% Buyer protection guarantees refund of the money you have paid for the product and gives you full flexibility to cancel your order. Immediate refund will be in the form of JagoEve Refund Voucher for the same amount which you can use for shopping. Cash refund shall be made as and when requested by the buyer.

After the dispatch/delivery of the product:

If the order is not delivered within 15 days after the order is dispatched, 100% Buyer protection guarantees FULL refund of the money you have paid for the product. Your payment will be held with 100% Buyer protection till the time product is delivered and you are completely satisfied with the product quality. If no request for replacement/exchange is made by you within 48 hours of the receipt of the product, we concur that you are satisfied with the purchase made.

Seller’s payment is released only when you confirm the product has been received by you in good condition. In case we do not hear back from you within 48 hours of product delivery, we feel it would be fair to assume that you are satisfied with the product quality, size, physical condition & specification of the product, and will release the payment to the seller.

In case you are not satisfied with the product delivered and inform JagoEve 100% Buyer protection within 48 hours of delivery, JagoEve 100% Buyer protection will resolve your complaint end-to-end within 30 days from the day the complaint is raised. If JagoEve 100% Buyer protection is not able to give a resolution within 30 days, JagoEve 100% Buyer protection will automatically refund JagoEve 100% of the money you had paid for the product.

When a complaint is raised for a delivered product, the seller is paid only after the issue is resolved and you are satisfied with the resolution.

What does JagoEve 100% Buyer protection cover?

You have paid for the product but didn't receive it.

You have received a damaged/defective product or a product that does not comply with the specifications as per your original order.

You have received a product with which you're not satisfied because of fit/size.

How do you receive your refund through JagoEve 100% Buyer protection?

JagoEve 100% Buyer protection shall refund payment by providing you JagoEve Refund Vouchers for equivalent amount as your order. If you choose not use that, the refund shall be issued in form of cheque or bank transfer depending on the mode of payment used at the time of placing the order.

JagoEve 100% Buyer protection Coverage Details

Type of Product Issue Policy#
All Physical Damage Exchange/Refund as per your request
All Wrong product sent Exchange/Refund as per your request
All Fully different from description on JagoEve Exchange/Refund as per your request
Only Electronics Faulty or defective Exchange/Refund/service as per your request and the brand policy**
Only Clothing & Footwear Size/Fit change/faulty Alternate size or Refund as per your request***(Not applicable for Electronics)

* Electronic products list: include Televisions, Lap tops, desk top computers, mobile phones etc ie basically those items that have an LED/LCD/PLASMA screen and function on basis of electronic circuits. Electronic Products does not include Air conditioners, Home and Kitchen appliances etc.

** Brand's policy shall apply for specific branded product. For sellers who sell branded products, which are bound by brand policies of repair, exchange, refunds and cancellations thereby binding the customer with the same.

*** Refund/ exchange/ replacement is not allowed for inner garments and personal hygiene products for health reasons. IF size ordered is the size shipped, and if the size chart uploaded by the seller in the website is correct in terms of measurement, then ordered item by the buyer is not eligible for exchange/ replacement.

Buyer complaint resolution mechanism provides for the remedial action to be taken by the seller on buyer’s complaint, failing which the final resolution will be provided by Jagoeve to resolve the complaints in accordance i.e..,

1.In case the buyer complaint pertains to partial shipment of the products:-

* PARTIAL

The packaging of the product is found to be correct but only a part of the product ordered by the buyer is there in the package, the buyer should expressly requested to notify the receipt of a partial products/service within 24 hours of delivery to the Seller and buyer should ship back the partial product received within 72 hours from the time of the receipt of the product. On confirmation of the product received back by the Seller, the seller should ship the perfect complete product ordered by the buyer within 48 hours on receipt of the returned product from the buyer. If Seller fails to ship the fresh complete shipment within the stipulated time Jagoeve shall not make the payment of the value of such goods to the seller.

2.In case the buyer complaint pertains to the damaged products:-

DAMAGED*

The packaging of the product is found to be correct but the product is Damaged, the buyer should expressly requested to notify the receipt of a damaged products/service within 24 hours of delivery to the Seller and buyer should ship back the damaged product within 72 hours from the time of the receipt of the product. On confirmation of the returned product received by Seller, the seller should ship the perfect product ordered by the buyer within 48 hours on receipt of the returned product from the buyer. If you fails to ship the fresh complete shipment within the stipulated time Jagoeve shall not make the payment of the value of such goods.

3.In case the buyer complaint pertains to the defective/faulty products:-

DEFECTIVE*

The packaging of the product is found to be correct but the product is defective /faulty, then the buyer should expressly requested to notify the receipt of a defective/faulty products/service within 24 hours of delivery to the Seller and buyer should ship back the defective/faulty product within 48 hours from the time of the receipt of the product. On confirmation of the returned product received by Seller, the seller should ship the perfect product ordered by the buyer within 72 hours on receipt of the returned products from the buyer. If you fails to ship the fresh complete shipment within the stipulated time Jagoeve shall not make the payment of the value of such goods.

4.In case the buyer complaint pertains to the receipt of wrong product (generally wrong model/colour/size etc., ) :-

WRONG*

The Packaging of the product is found to be correct but the product in the packing is found as Wrong, the buyer should expressly notify the receipt of the wrong product within 24 hours of the delivery to the Seller and the Seller should ship the perfect product ordered by the buyer within 72 hours on receipt of the returned product from the buyer.

5.In case the buyer complaint that the seller shipped the used product to the buyer:-

USED*

The packaging of the product is found to be correct and the product is found as used one, then the buyer should inform the receipt of the Used Products to the Seller within 24 hours of the delivery and the buyer should ship back the product within 72 hours from the time of the receipt of the Product to the Seller. On receipt of the returned product by the Seller, the Seller should ship the perfect unused new product ordered by the buyer within 48 hours on receipt of the product received from the buyer.

6.In case the buyer complaint that the seller shipped the counterfeit product to the buyer, then Jagoeve recall the product from the buyer.

All the claims/disputes to be submitted to the Grievance Officer, LEGAL & RESOLUTION-JAGOEVE [email protected]

@* On receiving the claim of dispute from the seller to the Legal and Resolution Department of Jagoeve, the department shall investigate the dispute/claim and provide a Resolution within 30 (thirty) calendar days of the dispute/claim being raised by the Seller.

7. In case Jagoeve found that the penalty has been wrongly levied on Seller, then Jagoeve shall reverse the amount fully/partially into Seller’s account in the next payment cycle.

10.RETURN PRODUCT TO ORGIN POLICY

Introduction

This Return Product to Origin Policy is meant to cover the payment due to Sellers, which are related to products which have:- (a) not been delivered to the Buyer or

(b) not been accepted by the buyer even after the minimum required attempts for delivery is made by the courier partner.

The products which are covered under this policy will be returned to the Seller in the same conditions with original packaging in which it was sent to the buyer. This shall be considered at par with any product for which the buyer has submitted ‘refusal to accept’ form, wherein the buyer refuses to accept a shipped order as the packing of the shipment has been tampered with before its arrival at the buyer’s hands.

The seller will accept all products returned under this policy and shall not be partially or fully reimbursed.

In the event the Seller refuses to accept the returned product, then the date on which the seller refused to accept the returned product shall be deemed to be the date of delivery of the returned product.

In all cases the date of dispatch will be same as the date of manifest generation except in cases where the actual date of dispatch is different from the manifest generation date.

Steps after delivery of returned product confirmation

Post delivery of returned product the seller shall acknowledge the receipt of product via e mail. Any dispute raised post three calendar days of returned delivered dates shall not be entertained.

In case returned product is not received by the Seller, Seller shall raise a claim within three calendar days of receiving information of the returned product and in case the Seller fails to raise a claim about the product within timeline mentioned the shipment would be marked as ‘Return Accepted’ which will be final and binding and no claim would be entertained thereafter.

In case Seller received a damaged product then the seller has shipped, if outer packing is tampered or damaged and before opening any such shipment the seller has to take images of outer packing in future references and update the “Status report of the shipment received back: report” in the buyer’s ‘refusal to accept’ form. If the buyer’s refusal to accept form has not been generated, Alternatively, the seller can take the photographs of the package as mentioned, and mail them directly along with their detailed note to [email protected] for effective resolution of the issue. The seller can raise a dispute within three calendar days of receipt of the product along with the images of outer packing, inner packaging and product itself, if the seller has received damaged /wrong/empty/partial product. The proof of delivery of the returned product would be the conclusive evidence for the closure of such claim.

Returned products remain undelivered

In case the return product remains undelivered to the seller due to any reason whatsoever:-

Then Jagoeve will send a communication to the seller on priority after receiving non-delivery confirmation finally from the shipping partner. Even then, if no communication is received from the seller, it also be presume that the unclaimed shipment/product and any expenses/loss incurred to Jagoeve shall be recovered from the seller. For such shipment/ product, all ownerships and rights vested in the product shipped to the buyer will vest with the seller, and thus it will become as an unclaimed shipment/product, and any expenses/loss incurred to Jagoeve shall be recovered from the seller.

11.Copyright, Trademark, Bootleg Recording & Your Listing Policy

Listings that infringe third-party Copyright or Trademark are prohibited. Infringing listings or selling or buying any of these items could put sellers at risk for civil or criminal liability. Your listings could be ended early and your account suspended on the Website. Creators of web content have copyright, trademark, and other rights in the material they create. Copying, modifying, and possibly linking to content created by others could expose sellers to a legal liability.

(d)No copying allowed:

When you prepare your listings, you should use only the material (text, photographs etc) and trademarks/names that you have created, own yourself, or have licensed from the owners.

(e) No unauthorized linking to photos:

You cannot link to somebody else's picture (so that it appears in your listing) without the owner's permission.

If you copy someone else's text or original photograph, or copy text or photographs from any other place, you may be committing copyright infringement. Owners of the content may be able to request the ending of your item listing through JIV (Jagoeve Infringement Verification).

(f) No Confusing Listings

If sellers sell a branded product, they can probably show a picture of the product and refer to the company by name but cannot do so in such a way that suggests their listings are approved, sponsored, or endorsed by the manufacturer/brand. Also, sellers must be careful not to sell products bearing the brand name of a company which did not make the product. You may find that your image or description text has been used by other sellers in their listings. To report the unauthorized use of your copyrighted image or text, contact Jagoeve. Be sure to include the item number of the listing containing your copyrighted material in the body of the email to us. Please also explain exactly how your rights have been violated. Remember that you can report a violation only if you have copyright over the content in question, such as a picture you took yourself. If you have obtained the image from a public domain, you are not likely to have any rights over it. Bootleg recordings are unauthorized recordings of concerts or live performances. Sellers are not permitted to list bootleg recordings on the Website. Violations of this policy may result in a range of actions, including:

Listing cancellation

Limits placed on account privileges

Legal Action

Loss of special status

Account suspension

Please also read ‘Third-Party Intellectual Property Policy’ above. Any issues regarding this shall be reported via email to [email protected]

12.Display Name Policy

A display name is the unique name that sellers use to identify themselves on the Website. At registration, members should choose a display name that they like and will remember. Display names may not be profane, obscene or violate any Jagoeve’s or third-party’s trademarks, copyrights, and intellectual property rights. Furthermore, display names may not be an email address or web address (URL) or represent an email address or web address.

Further, Jagoeve may, at its sole discretion, disallow certain words and phrases (including combinations thereof) from being used as display names. Seller(s) shall not be permitted to use Jagoeve, jaagoeve, jagoeave, jagwee, jago, eve, jageve, and any other trademarks or logos (including combinations and grammatical variations of such ending of your item listing through JIV words) which are proprietary to Jagoeve. Violations of this policy may result in a range of actions, including:

-- listing cancellation;

-- limits placed on account privileges;

-- Legal Action

-- loss of special status; or/and

-- account suspension.

Report a display name that may be inappropriate at [email protected]

13.Links Policy

The Website’s listing page can only be used to describe, promote, and facilitate the sale of your listed items in Jagoeve-- it cannot refer to or promote a seller's individual website, adversely affect Jagoeve sales, or other businesses. The Website’s seller page is a place where a seller can promote their products for sale via jagoeve; it cannot be used to promote their product sales through other e commerce websites or even then own blogs/ brick and mortar stores/ or websites or other electronic and non electronic media.

(a) Item Page can contain no URLs (Uniform Resource Locator), links to, or promotional information about any off-Jagoeve webpage, including the websites/ blogs of a seller or any third party. Links from the Website’s item page that interfere in any way with the shopping experience on the Website or solicit any Jagoeve user information, are not allowed. Links from the Website’s item page to pages that promote off-Jagoeve sales in any way are forbidden.

(b) Seller Page: This page may be used to describe a seller's business and shall not contain URLs or links to the seller's individual website/ blogs/ other e commerce websites wherein the seller is promoting their own products or other’s products. It shall not specifically promote off-Jagoeve sales or sales of items prohibited on Jagoeve nor may it contain links to commercial websites where products from multiple sellers are aggregated by a common search engine.

(c) Giveaways, Raffles and Prizes: Listings that promote giveaways, random drawings or prizes as an enticement for buyers are not permitted on the Website as these promotions are highly regulated and may be unlawful. These types of listings are not permitted and will be ended. Jagoeve itself may run such promotions on the Website and grant authorization to its partners or third-party companies to run promotions that comply with applicable laws.

14. Listing Policies

To help seller’s list items on the Website correctly, we've highlighted some listing policies and described how Jagoeve handles listing violations when they are reported.

(a) Proper Category Listing: Items must be listed in the appropriate category. Items that don't belong to a category will be moved to the appropriate category.

(b) Exceptions: Multiple-quantity/ bulk listing listings may offer a choice of color in otherwise identical items. However, a seller must be able to fulfill the entire quantity of every listing in any offered colors. Bulk listings shall not be offered ‘subject to availability’ or the buyer be requested to contact the seller to see the available colors and quantity.

(c) Duplicate Listings: A duplicate listing occurs when a seller lists multiple identical items in multiple listings. These shall be deleted as duplicate listing will lead to buyer attrition.

(d) Maximum Permissible Logistic Charges:

The actual logistic charges for the order received and the mode of shipping via suggested shipping partners of jagoeve is detailed by jagoeve in the waybill and dispatch note issued for each order received by the seller. In case if prepaid way bill has not been issued by jagoeve, the seller shall be paid the said shipping charges incurred for the shipping of the order along with payment settlement of the order. The seller cannot incur more shipping charges than the charges that would be actually incurred for shipping the confirmed order via the suggested mode of shipping via jagoeve’s shipping partner. In case of any discrepancy in calculation of the shipping charges, the copy of the shipping receipt may need to be send to jagoeve by the seller.

However, under any circumstance, for an order shipped, a seller can’t charge buyers for logistics in excess of the fees prescribed from time to time and the category wise maximum shipping fees as in force now is detailed below:

Category Max shipping fee in Rs.

Apparels - 200 Baby Care - 250 Books - 200 Cameras - 200 cameras accessories - 200 CD/DVD - 200 computer accessories - 500 Computer Systems - 500 Entertainment - 250
Footwear - 200 Fragrances - 200 Gaming Consoles & Accessories - 200 Health & Beauty - 200 Home Appliance Large - 1,000 Home Appliance Small - 500 LTA - 200 Office Supplies - 200 Others - 200
P&H Care - 200 mobile accessories - 200 Mobiles - 200 Posters - 200 sports and fitness - 200 Tablets/GPS - 200 Toys - 200 Watches - 200

This charges may be revised from time to time and the seller shall abide by the same as in force at that time.

15.Misleading Title Policy

Your title should accurately describe only the actual item or items you offer/list for sale. The title shall be considered as misleading and hence prohibited from being listed/offered on the Website if:

1. your listing/title contains a word or phrase that does not seem to belong to the item listed/offered for sale;

2. A buyer cannot figure out which item you have listed/offered for sale from the title. Violations of this policy may result in a range of actions, including:

Listing cancellation

Limits placed on account privileges

Legal action

Loss of special status

Account suspension

16.Multiple Accounts & Listing Policy

Sellers shall not be permitted to have multiple accounts on the Website. The restriction is being imposed in order to protect fraud against users at large. This policy is important to ensure standards and rules regarding performance, risk, and best practices as are applicable for each seller and shall result in ensuring a safe and positive experience on the Website. Further, buyers need to compare different items to make smart and informed purchasing decisions. The duplicate-listings policy is designed to ensure sellers don't list in a way that clutters the buying experience and hurts the overall marketplace. Sellers can't have more than one listing of an identical item at the same time.

Violations of this policy may result in a range of actions, including:

-- listing cancellation;

-- limits on account privileges;

--legal action

-- account suspension;

-- loss of special status.

These restrictions on duplicate listings include listing an identical item in different categories or listing an identical item using different display names. Listings are considered duplicates if they are for items that have no significant differences between them. To avoid your listings from being treated as duplicates, make sure you clearly show the differences between items in the titles, descriptions, prices, photos, product IDs, item specifics, or parts compatibility areas of a listing. Jagoeve may also look at other parts of the listing to determine whether it's a duplicate. If the differences between the items you're selling aren't obvious in the search results, your listings may be treated as duplicates and will be subject to the consequences outlined above.

17.Prohibited & Restricted Items Policy

Before a seller lists an item, the seller needs to find out if the item is allowed on the Website and if the type of item is subject to certain restrictions to avoid potential issues with seller listing. As a seller, you are ultimately responsible for making sure that selling an item is legal under applicable law.

Violations of this policy may result in a range of actions, including:

-- listing cancellation;

--legal action;

-- limits on account privileges;

-- account suspension;

-- loss of special status

When policy violations occur, Jagoeve may email the seller as well as the buyer that a listing has been ended. You may contact Jagoeve to report violations by sending an email to [email protected]

(A).Rules on Prohibited and Restricted Items

Policies about listing items are generally guided by the applicable law in force. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law. The limitations are a result of the input by numerous stakeholders, including the community. Just because a particular type of item is listed below, it does not mean that it is completely prohibited. It is also important to respect third party intellectual property rights and sellers must have legal rights to sell products they list.

Banned/ Prohibited Products & Services and Restricted Item List

1. Adults Goods and Services which includes Pornography and other sexually suggestive material(including literature, imagery and other media), escort or prostitution services.

2. Apparatus such as personal massagers/vibrators and sex toys ad enhancement. (see Mature Audiences policy)

3. Alcohol, which includes alcohol or alcoholic beverages such as beer, Wine or champagne.

4. Animal & Wildlife products or hides/skins/teeth, nails and other parts etc. of animals

5. Antiques & Artifacts

6.Any intangible goods or services or aggregation/consolidation business.

7. Body parts, which includes Organs or other body parts-live, cultured/preserved or from Cadaver

8. Beta Software

9. Bootleg / Pirated Software’s

10.Bulk marketing tools which includes e-mail list, software, or other products enabling unsolicited e-mail messages (spam)

11.Catalogue & URL sales

12.Cable TV descramblers and black boxes which includes devises intended to obtain Cable and Satellite signals for free

13.Clothing of any kind Used

14.Compilation & Information Media

15.Contact Information and User databases and contracts of any type.

16.Copyright unlocking devises which includes mode chips of books, music, movies and other licensed or protected material.

17.Copyright software which includes unauthorized copies of software, video or other licensed or Protected materials, including OEM or bundled software.

18.Counterfeit and other unauthorized goods which includes replicas or imitations of designer goods, items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit Currency & Stamps and other potentially unauthorized goods.

19.Child pornography in any form.

20.Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including Herbal drugs but not limited to salvia and magic mushrooms.

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

22.Drop-shipped merchandise.

23.Electronic Surveillance Equipment (Unless permitted by law)

24.Event Tickets

25.Endangered species, which include plants, animals, or other organism (including product derivatives) in danger of extinction.

26.Firearms, Ammunition, Militaria, Weapons and Knives

27.Firearms, Explosives & Explosive substances.

28.Government ID’s, Licenses or document which includes fake IDs, Passports, Diplomas and noble title.

29.Hazardous, Restricted & Perishable products

30.Human Parts & Remains

31.Hacking and Cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.

32.Importation of Products - examples include CDs that were intended only for distribution in a certain country

33.Items Encouraging Illegal activities

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

35.Misleading titles

36.Movie prints

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

38.Multi-level marketing schemes or pyramid/metrics sites or web sites using a metrics scheme approach.

39.Offensive goods which include literature, products or other materials that: (a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors (b) encourage or initiate violent act (c) promote intolerance or hatred.

40.Offensive goods, crime which include crime scene photos or items such as personal belongings associated with criminal.

41.Police, Army, Navy & Air Force Related items

42.Prohibited Services

43.Promotional Items

44.Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed Medical Practitioner in India or anywhere else.

45.Pyrotechnic devices and hazardous material which includes fireworks and related goods, toxic, flammable, and radio-active material and substances.

46.Real Estate

47.Replica & Counterfeit items

48.Ringtones

49.Regulated goods which includes air bags, batteries containing mercury, Freon or similar substances/Refrigerants; chemical/industrial solvents; government uniform; car title; license plate; police badges; and law enforcements equipment; lock picking-devises; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by Government or other agency specification.

50.Stolen Property

51.Surveillance Equipments

52.Securities, which includes stocks, bonds, mutual funds or related financial products or investment.

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

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

55.Trademarks & Patents.

56.Wholesale currency which includes discounted currencies or currency exchanges.

57.Multi-Level Marketing collection fees

58. Web-based telephony/SMS/Text/Facsimile services or calling cards, brand width or data transfer/allied services, voice process/knowledge process services.

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

*The above list is merely indicative and not exhaustive. Jagoeve may at its sole discretion, amend or modify this list from time to time as per the guidelines governed by the Local, State and Central Government authorities.

18.Replacement Policy

1.Definition: Replacement is the action or process of replacing something in place of another. A buyer can request for replacement whenever s/he is not happy with an item, the reasons for which could be damaged shipping, defective item, item(s) missing, wrong item shipped and the like.

Points to be noted:

1.A seller can always accept a return irrespective of the policy.

2.If a seller disagrees to a return request, the buyer can file a dispute under “Jagoeve 100% Buyer Protection” program. A buyer needs to raise the replacement request within 3 days of the date of delivery of products. Once a buyer raises a replacement request (say, by contacting us ), the following steps shall be followed:

1.The buyer shall be asked the ‘reason for return”. Among others, the following may be the reasons:

a. Item damaged during Shipping

b. Item was defective

c. Item dead on arrival

d. Item(s) missing

e. Wrong item sent

f. Used item sent

g. Counterfeit item

h. Partial item sent

i. replacement: wrong size than the size ordered [for clothing & footwear only]

2. Using the “Return request form” the buyer can submit the return request to replace or exchange a product received, and the seller can, using the “Feedback form : Return request :” either ‘approve’ or ‘reject’ the return request by the buyer; for either replacement or exchange of the product.

3. In case the seller accepts the return and replacement/ exchange request, the buyer shall be required to return the product to the seller and only after return of the product, the seller shall be obliged to provide a replacement/ exchange product to the buyer.

4. Incase the seller rejects the replacement request, the buyer can choose to raise a dispute by writing to [email protected]

5. In case the seller doesn’t have the product at all, the seller can provide a refund to the buyer and the buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement. The refund shall be granted using the link “d. Recommend Refund the payment received” ; in the seller “Feedback form: Return request”.

6. If the seller doesn’t respond to the buyer’s replacement request, within three (3) days from the date of replacement request placed by the buyer, a refund shall be processed in favour of the buyer and the seller shall be liable to refund the amount paid to the buyer.

7. All shipping and other replacement charges including the IPG charges of the said order value shall be borne and incurred by the seller.

19.Search Manipulation Policy

Search manipulation is any practice that results in searches on the Website returning irrelevant listings or that otherwise inhibit a user's ability to accurately locate specific items. It shall be a violation of Jagoeve’s policy and may result in listing removal or account suspension. This violation most often consists of the use of brand names or other inappropriate ‘keywords’ for the purpose of gaining attention or diverting users to a listing. Search manipulation is unfair to Users who may be searching for a specific item and receive inaccurate search results. Certain uses of brand names may also constitute trademark infringement and could expose sellers to legal liability.

Types of Search Manipulation:

(1)Keyword Spamming

Keyword spamming is the practice of including brand names or other inappropriate ‘keywords’ in a title or description for the purpose of gaining attention or diverting users to a listing. Keyword spamming is unfair to users who may be searching for a specific item and receive search results of listings not related to the item. Users often confused and frustrated by such tactics.

(2)Jagoeve Rule(s) -- All words used to describe an item, whether in the title, description of the item page, or any other way that may be found using search, must be strictly related to the item being sold. In addition, items contained in a listing as bonuses or gifts may not be described in the title.

(3)Hidden Text -- Sellers shall not be permitted to include hidden text (for example ‘white on white’) or source tags (meta or header tags). Keywords ‘hidden’ within the title, description, or through other means are not allowed. Such deliberate attempts may result in account suspension without prior warning.

(4) Brand Name Misuse -- Do not include any brand name or company logo in your listing other than the specific brand name used by the company that has manufactured or produced the item you are listing. Certain uses of brand names may also constitute trademark infringement and could expose you to legal liability. Sellers are permitted to use third-party company logos only if they have the license or permission to use such logos.

(5) Comparisons -- Do not compare items in your listings or titles. On the Website, sellers are not permitted to make comparisons between items in a listing title.

(6) Misleading Titles -- Make sure your title accurately describes only the actual item or items you offer for sale. If your title contains a word or phrase that does not seem to belong to the item(s), make sure it is clear from your description why you included that word or phrase in the title.

(7) Warning: Listings that include unrelated brand names or logos may be ended early by Jagoeve. Multiple violations of Jagoeve’s policy could result in the suspension of your account.

20.Seller Protection Program Policy

In order to make sure that a seller’s performance is not getting impacted by wrong or foul actions of buyers and also to keep the Website safe and secure for sellers, there is a Seller Protection Program (SPP).

Following are the cases that can be considered under SPP:

1.charge backs – In case of unauthorized charge backs and item-not-received charge backs, seller will be protected.

2.buyer refunds for returned products --In case a buyer returns a product/doesn’t return a product and the seller doesn’t receive it/received it in a damaged condition, the seller needs to intimate Jagoeve within 3 days of the return-claim closure,

3.octroi paid for return to origin (RTO) -- In case there is a courier return of an item that falls under octroi zone, the octroi will be considered already paid for RTO. Please note that these cases will be not be covered if they arise because of seller fraud or seller-buyer mutual fraud.

21.Seller settling Policy

It is not permitted for a seller to refuse payment acceptance or fail to deliver an item at the end of a successful sale. If a violation of this policy is reported to us, Jagoeve will consider the alleged offence and the seller’s history before taking action. A violation of this policy may result in a formal warning to the seller or temporary/indefinite suspension of account. Listing Cancellation & Account Suspension Policy There are two reasons why your listing may be cancelled or account suspended:

1.A violation of the TOU and the seller agreement in force

2.A serious violation of one or more of Jagoeve’s policies

If your listing is cancelled or account is suspended, we'll notify you by email, phone, or other modes of communication about the reasons for cancellation of listing or suspension of your account, as the case may be.

If you have not been notified about the listing cancellation or suspension of your account, contact us for more information.

Reinstatement of your listing or account shall be dependent upon the nature of violation and solely at the discretion of Jagoeve. Jagoeve’s decision shall be final in this regard.

22.Jagoeve Shipping Policy

All orders placed on our website, Jagoeve  has a transparent and clear shipping policy without any special exceptions. Just because shipping is free, it doesn't mean that it should take a long time. Jagoeve understands that getting your items quickly is important to you, so we make every effort to process your order quickly.

We are committed to deliver your order accurately, in good condition, and always in time promised by us in our website.

Jagoeve operates on a pure market place model. This means that we do not store sellers stock of goods with us, either directly or indirectly. Once the order is placed by the buyer, the seller’s themselves pack the product and ship it directly to the buyers through our designated shipping partners chosen on the basis of their logistic strength or through other courier/postal options; based on the location of the buyer. This is done to ensure that the delivery time is kept the lowest as possible for the buyer.

1.Unless otherwise specified, we offer  FREE Shipping (specified on the Product detail page) on all products ordered through www.Jagoeve.com

2.Each order may be shipped only to a single destination address specified at the time of payment for that order. If you wish to ship products to different addresses, you shall need to place multiple orders.

3.We make our best efforts to ensure that our sellers ship each item in your order within 2-3 working days of the order. However in some cases, sellers may take longer time, up to 5 working days, to ship the order as they may have to make/ procure it from their suppliers.

4.We ensure that the sellers ship on all week days (Monday to Saturday), excluding public holidays.

5.To ensure that your order reach you in the fastest manner in time and in good condition, we have tied up with reputed courier companies and India Post, so that our sellers can use them for shipping of ordered goods to you wherever you are located in place even though very interior part of India. We ensure that our sellers either ship your orders through a reputed courier company that has logistic strength in your location or use the India Post to serve you efficiently. We shall be updating you of the shipment details until the said ordered product reaches you. You can also track your ordered product online at the links that will be provided to you for your shipment.

6.While we shall ensure strive to ship all items in your order together. This may not always be possible due to the fact that the orders placed by you would be from different sellers located in different places.

7.If you believe that the product is not in good condition, or if the packaging is tampered with or damaged, before accepting delivery of the goods, please refuse to accept of the package, and submit the Refusal to accept form provided at “Report Refusal to accept” under the link “Cancellation & Returns” in your My Page. We shall do the needful to ensure that you receive the replacement of the order.

8.You may track the shipping status of your order on our website, by clicking the tracking link send to you.

9.Please note all items (including gifts) will be shipped with an invoice mentioning the price, as per Indian Tax Regulations.

23.Jagoeve Test Program Policy

Jagoeve may and will test the effectiveness of a new technology, product, category, or service offering by conducting a test/pilot program with a limited number of sellers. When Jagoeve conducts such a test/pilot program, sellers who participate may, at the sole discretion of Jagoeve, be allowed to sell in a manner that falls outside the ToU or Jagoeve’s policies. For this reason Jagoeve, at its sole discretion, may restrict the number of sellers participating in such a test/pilot program. Such a test/pilot program may be ended by Jagoeve at any time without any prior notice thereof. Once a test/pilot program is ended and converted into a regular feature, then the same shall be governed by the ToU and Jagoeve’s policies. Further, in such an event, sellers who were permitted to participate in such a test/pilot program shall be governed by the ToU and Jagoeve’s policies and there shall be no exemption/privilege available to them. Violations of this policy may result in a range of actions, including:

1.listing cancellation;

2.legal action;

3.limits placed on account privileges, if any;

4.loss of special status;

5.account suspension.

E-mail messages, feedbacks, postings, ideas, comments and submissions policy:

Information contained and transmitted by the e-mail including any attachment is proprietary to Jagoeve and is intended solely for the addressee/s, and may contain information that is privileged, confidential or exempt from disclosure under applicable law. Access to this e-mail and / or to the attachment by anyone else is unauthorized. If this is a forwarded message, the content and the views expressed in this e-mail may not reflect those of the Jagoeve. If you are not the intended recipient, an agent of the intended recipient or a person responsible for delivering the information to the named recipient, you are notified that any use, distribution, transmission, printing, copying or dissemination of this information in any way or in any manner is strictly prohibited. If you are not the intended recipient of this mail kindly delete from your system and inform the sender. There is no guarantee that the integrity of the communication has been maintained and nor is this communication free of viruses, interceptions or interference.

Any feedbacks, postings, ideas, comments or submission by whatever name known you provide to this Website shall be deemed to be non-confidential. JAGOEVE shall be free to use such information on an unrestricted basis. Further, by submitting the feedback postings, ideas, comments or submission, You represent and warrant that (i) Your feedback postings, ideas, comments or submission does not contain confidential or proprietary information of You or of third parties; (ii) JAGOEVE is not under any obligation of confidentiality, express or implied, with respect to the feedback postings, ideas, comments or submission; (iii) JAGOEVE may have something similar to the feedback postings, ideas, comments or submission already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from JAGOEVE for the feedback postings, ideas, comments or submission under any circumstances.

To clarify, JAGOEVE may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback postings, ideas, comments or submission, however JAGOEVE shall not be obliged to do so. Further, in the event that JAGOEVE makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback postings, ideas, comments or submission, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to JAGOEVE, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.

Disclaimer

Your acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken adequate precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Jagoeve nor shall Jagoeve have any obligations or liabilities in respect of any transactions on the website.

The website, services, content, user content and any third party content are provided by jagoeve on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, jagoeve makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-

free; (ii) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (iii) the quality of the website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from jagoeve or through the website / content or from use of the services shall create any warranty not expressly stated in these terms of use.

To the maximum extent permitted by applicable law, jagoeve will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Jagoeve also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.

You expressly understand and agree that, to the maximum extent permitted by applicable law jagoeve will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Jagoeve has endeavored to ensure that all the information on the website is correct, but jagoeve neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. jagoeve shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, jagoeve shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond jagoeve 's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Jagoeve is not responsible for any typographical error leading to an invalid coupon. Jagoeve accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.