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Terms & Conditions

The use of the “MANAPACHARI” Application (including www.manapachari.com, hereinafter referred to as "the App" or "We" or "website" and its related apps, services and tools) is governed by the terms and conditions mentioned in this user agreement (hereinafter referred to as "the User Agreement" or "Agreement" or “Terms of Use”).

 

 

 

MANAPACHARI is a marketplace where users from all over India connect to buy and sell goods. It is owned by MANAPACHARI RETAIL SERVICES, with a registered office at 1-36,TAMMALAMPADU. By using the App in any manner, including but not limited to visiting or browsing the App, you (User) agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by hyperlink.

 

 

 

This Agreement applies to all users of the App, including without limitation, users who are vendors, retailers, customers, merchants, contributors of content, information and other materials or services on the App. This Agreement has to be read in conjunction, and not in derogation, with any other document/agreement singed/accepted by the Users. Any inconsistency between the terms of this Agreement and the terms of the other document(s)/agreement(s), will be decided and settled by MANAPACHARI.

 

 

 

Amendments

MANAPACHARI may amend this User Agreement and/or MANAPACHARI Rules and Policies at any time by posting a revised version on the App, and the Users hereby irrevocably agree to be bound by such amendments made by MANAPACHARI from time to time.

 

 

 

MEMBERSHIP ELIGIBILITY

Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.

 

 

 

MANAPACHARI IS A VENUE

MANAPACHARI acts as a venue to allow the Users, who comply with MANAPACHARI's policies to offer, sell and buy goods within a fixed-price format. The App is only a venue through which the Users can reach a larger base to buy and sell items. MANAPACHARI is not directly involved in the transaction between buyers and retailers. All the information and products listed on the App are provided in the 'as is, where is' format. As a result, MANAPACHARI has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of retailers to sell items or the ability of buyers to pay for items. MANAPACHARI does not pre-screen the Users or the content or information provided by such Users. MANAPACHARI cannot ensure that a buyer or retailer will actually complete a transaction. MANAPACHARI is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items, offered by the retailers are only for a restricted time and only for the available supply as offered by retailers.

 

 

 

Consequently, MANAPACHARI does not transfer legal ownership of items from the retailer to the buyer.

 

 

 

MANAPACHARI does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered on the App. In particular, MANAPACHARI does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the App. MANAPACHARI accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

 

 

MANAPACHARI cannot guarantee the true identity, age, and nationality of a user. MANAPACHARI does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, true identity, age, nationality etc.) of any of its Users. Buyers are advised to independently verify the bona fides of any particular User that you choose to deal with on the App and use your best judgment on that behalf.

 

 

 

Buyer agrees that MANAPACHARI is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by Retailers, other users, or outside parties on MANAPACHARI. User shall use the MANAPACHARI service at their own risk.

 

 

 

BUYER POLICIES

By purchasing an item the buyer agrees to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. MANAPACHARI is not responsible for the side effects one might endure by use of any item bought through the Website.

 

 

 

MANAPACHARI recommends the buyer to look for other users' testimonials before making the purchase decision. We encourage the buyers to post feedback on the retailer after the sale is closed and product is delivered.

 

 

 

While MANAPACHARI takes necessary steps and precautionary measures to ensure that the retailer is genuine but MANAPACHARI cannot and do not confirm the identity of all parties or guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer acknowledges this risk while he agrees to this terms and conditions. MANAPACHARI suggest all users employ common sense, and encourage users to contact MANAPACHARI to report any and all suspicious behavior or misappropriation of the site service.

 

 

 

RETAILER POLICIES

a. Redemption of Earnings:

 

MANAPACHARI reserves the right to keep on hold the remittance to the Retailer for purposes of safety of ‘manapachari.com’ and/or Users. In such case, the Retailer will be intimated and required to complete additional check and verification and MANAPACHARI RETAIL SERVICES may contact the Retailer for verification of or additional information, details, data and documents.

 

 

 

Termination: If MANAPACHARI terminates a listing or your account, if you close your account, or if the payment of your MANAPACHARI fees cannot be completed for any reason, you remain obligated to pay MANAPACHARI for all unpaid fees plus any penalties, if applicable.

 

 

 

MANAPCHARI reserves the right to issue a warning, temporarily/indefinitely suspend or terminate the retailer’s membership of the App and refuse to provide the retailer with access to the App in case of non-payment of fees by it to MANAPACHARI. MANAPACHARI also reserves the right to take legal action in case of non-payment of fees by the retailer to MANAPACHARI. MANAPACHARI reserves the right to refuse any of its service to anyone, for any reason, at any time.

 

 

 

b. Listing and Selling

 

Listing Description and Pricing: By listing an item on the App the retailer warrant that they and all aspects of the item comply with MANAPACHARI's published policies. Retailers also warrant that they may legally sell the item. Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member complies with the conditions specified in the offer and completes the checkout process. Retailers must accurately describe their item and all terms of sale in the MANAPACHARI App or website. Retailers agree to provide, maintain and update the data to keep it true, accurate, current and complete information about themselves as prompted by MANAPACHARI's registration form, profile generation and shop set-up.

 

 

 

The listings by the Retailer may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Retailer must ensure that the listed items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties.

 

 

 

All listed items must be kept in stock for successful fulfillment of sales.

 

 

 

If the item description does not match the actual condition of the item, Retailer agrees to refund any amounts that they may have received from the buyer.

 

 

 

The price stated in each item listing description must be an accurate representation of the sale. Retailer may not alter the item's price after a sale for the purpose of avoiding MANAPACHARI's transaction fees, misrepresent the item's location, or use another user's account without permission. The retailer’s items prices must be inclusive of applicable taxes. MANAPACHARI reserves the right to remove content which is deemed to be inappropriate or that could subject MANAPACHARI to legal action.

 

 

 

Sales: All sales are binding. The retailer is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner. The transaction between buyer and retailer shall be considered a legally binding contract between those two parties.

 

 

 

c. Handling of Credits: A user may earn credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by MANAPACHARI. The amount of credits that may be earned and other conditions for earning Credits shall be subject to the applicable campaign rules provided by MANAPACHARI. To the extent permitted by law, MANAPACHARI may change the rules at any time, and may terminate the entire credits system without any refund or other compensation for existing credits. "Credits" means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms. A user will not be able to exchange credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by MANAPACHARI. A user will not be able to transfer credits to any other user or person.

 

 

 

Except as otherwise required by applicable laws and regulations, if a user terminates their account or his or her membership lapses for any reason, all of the credits owned by such User will immediately be invalid and cannot be subsequently used. Once expired, credits will not be reinstated.

 

 

 

d. Prohibited Goods: Every MANAPACHARI retailer is responsible for the laws that apply to them, your shop and your items, including any shipping restrictions for your items. There are some types of items that we don't allow in MANAPACHARI's marketplace, even if they are legal and otherwise meet MANAPACHARI's selling criteria. Some things just aren't in the spirit of MANAPACHARI.

 

 

 

CANCELLATIO N POLICY

The order would be cancelled and funds would be remitted to the buyer in the following eventualities:

 

Failure to accept the order within 12hours.

The retailer needs to enter the dispatch days that he would take to ship out a product while creating his listing on the App. Failure to dispatch the order within the maximum dispatch date mentioned in the product listing.

Unsuccessful attempts to pick up the order from the retailer by courier companies tied up with MANAPACHARI.

Cancellation of order by the buyer

 

 COMMUNICATIONS

When retailer use the App or send e-mails or other data, information or communication to MANAPACHARI, they agree and understand that they are communicating with MANAPACHARI through electronic records and consent to receive communications via electronic records from MANAPACHARI periodically and as and when required.

 

MOBILE SERVICES

When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

 

NO GUARANTEE

MANAPACHARI does not guarantee continuous, uninterrupted access to the App, and operation of the App may be interfered with by numerous factors outside MANAPACHARI's control.

 

NO WARRANTY

MANAPACHARI and its suppliers, affiliates and service provider provide the App and services without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the App at your risk.

 

FEEDBACK AND RATINGS

MANAPACHARI encourage registered buyers and retailers on the App to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/retailer.

 

MANAPACHARI will not be responsible for the feedback that buyer post on the App and buyer should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.

 

As a retailer, if you continue to receive negative feedback ratings or fail to deliver your order repeatedly, MANAPACHARI reserves the right to suspend your membership, and you will be unable to list or buy on the App.

 

QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES

In accordance with the Information Technology (Intermediaries guidelines) Rules 2011 including any amendments/ notifications, in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You are solely responsible for your conduct and activities on and regarding to MANAPACHARI and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on MANAPACHARI.

 

 

 

The Retailer’s Content and their use of MANAPACHARI shall not:

 

a)    Be false, inaccurate or misleading;

 

b)    be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of others privacy, hateful, or racially, ethnically objectionable, disparaging, impersonating or intimidating any person (including MANAPACHARI staff or other users); modify, adapt or hack MANAPACHARI or modify another app so as to falsely imply that it is associated with MANAPACHARI; or falsely stating or otherwise misrepresenting your affiliation with any person, through for example, the use of similar e-mail address, nicknames, or creation of false account(s); or any other method or device relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

 

c)    host images not part of a listing;

 

d)    harm minors in any way; be obscene or contain child pornography;

 

e)    infringe any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit, illegal or stolen items;

 

f)     violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use for the time being in force;

 

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

 

h)   contain software viruses or any other computer code, 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 that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

 

i)     threaten the unity, integrity, defence, 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.

 

j)     directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, MANAPACHARI does not permit transactions in the following items including but not limited to categories as stated in the Prohibited Items Policy which can be accessed below.

 

k)    create liability for MANAPACHARI or cause MANAPACHARI to lose (in whole or in part) the services of MANAPACHARI's ISPs or other suppliers.

 

l)     link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.

 

YOUR INFORMATION AND CONTENT

"Your Information" is defined as any information you provide to us or other users of the App ("Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

 

1.    You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the App. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

 

2.    MANAPACHARI does not claim ownership rights in your Content. You grant MANAPACHARI a license solely to enable MANAPACHARI to use any information or Content you supply MANAPACHARI with, so that MANAPACHARI is not violating any rights you might have in that Content. You grant MANAPACHARI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content.

 

You agree to allow MANAPACHARI to store or re-format your Content on MANAPACHARI and display your Content on MANAPACHARI in any way as MANAPACHARI chooses. MANAPACHARI will only use personal information in accordance with MANAPACHARI's Privacy Policy.

 

3.    As part of a transaction, you may obtain personal information, including e-mail address and shipping information, from another MANAPACHARI user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for MANAPACHARI-related communications. MANAPACHARI has not granted you a license to use the information for unsolicited commercial messages. You also do not have permission to provide your personal information, including email address, phone number and address, to another MANAPACHARI User. Without limiting the foregoing, without express consent from the user, you are not licensed to add any MANAPACHARI user to your email or physical mail list. For more information, see MANAPACHARI's Privacy policy.