Term & Conditions
Term & Conditions
Rs Pharma group Terms of Use
This document is an
electronic record in terms of Information Technology 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 or usage of
domain name [www.rsgroup21.com][www.rsgroup21.com] (�Website�),
including the related mobile site and mobile application (hereinafter referred
to as �Platform�)
The Platform is owned by Rsgroup a company incorporated under the Companies
Act, 1956 with its registered office at Plot no.12, Arazi no.2, gangpur
chakwada, Kanpur � 560103, Uttar pradesh, India
Your use of the
Platform and services and tools are governed by the following terms and
conditions ("Terms of Use") as applicable to the Platform
including the applicable policies which are incorporated herein by way of
reference. If You transact on the Platform, You shall be subject to the
policies that are applicable to the Platform for such transaction. By mere use
of the Platform, You shall be contracting with Rsgroup . and these terms and
conditions including the policies constitute Your binding obligations, with Rsgroup.
For the purpose of
these Terms of Use, wherever the context so
requires "You" or "User" shall mean any
natural or legal person who has agreed to become a buyer on the Platform by
providing Registration Data while registering on the Platform as Registered
User using the computer systems. Rsgroup allows the User to surf the Platform
or making purchases without registering on the Platform. The
term "We", "Us", "Our" shall mean Rsgroup
..
When You use any of the services provided by
Us through the Platform, including but not limited to, (e.g. Product Reviews,
Seller Reviews), You will be subject to the rules, guidelines, policies, terms,
and conditions applicable to such service, and they shall be deemed to be
incorporated into this Terms of Use and shall be considered as part and parcel
of this Terms of Use. We reserve the right, at Our sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any time without any
prior written notice to You. It is Your responsibility to review these Terms of
Use periodically for updates / changes. Your continued use of the Platform
following the posting of changes will mean that You accept and agree to the
revisions. As long as You comply with these Terms of Use, We grant You a
personal, non-exclusive, non-transferable, limited privilege to enter and use
the Platform.
ACCESSING, BROWSING OR
OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND
CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY
BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You
also accept and agree to be bound by Rsgroup Policies ((including but not
limited to Privacy Policy available at Privacy) as amended from time to time.
Membership Eligibility
Transaction on the Platform is available only
to persons who can form legally binding contracts under Indian Contract Act,
1872. Persons who are "incompetent to contract" within the meaning of
the Indian Contract Act, 1872 including un-discharged insolvents etc. are not
eligible to use the Platform. If you are a minor i.e. under the age of 18
years, you may use the Platform or access content on the Platform only under
the supervision and prior consent/ permission of a parent ormlegal guardian.
As a minor if you wish to transact on the
Platform, such transaction on the Platform may be made by your legal guardian
or parents. Rsgroup reserves the right to terminate your membership and / or
refuse to provide you with access to the Platform if it is brought to Rsgroup's
notice or if it is discovered that You are under the age of 18 years and
transacting on the Platform.
Your Account and
Registration Obligations
If You use the Platform, You shall be
responsible for maintaining the confidentiality of your Display Name and
Password and You shall be responsible for all activities that occur under your
Display Name and Password. You agree that if You provide any information that
is untrue, inaccurate, not current or incomplete or We have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the this Terms of Use, We shall have the
right to indefinitely suspend or terminate or block access of your membership
on the Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address
is treated as Your primary identifier on the Platform. It is your
responsibility to ensure that Your mobile phone number and your email address
is up to date on the Platform at all times. You agree to notify Us promptly if
your mobile phone number or e-mail address changes by updating the same on the
Platform through a onetime password verification.
You agree that Rsgroup shall not be liable or
responsible for the activities or consequences of use or misuse of any
information that occurs under your Account in cases, including, where You have
failed to update Your revised mobile phone number and/or e-mail address on the
Website Platform.
If You share or allow others to have access to
Your account on the Platform (�Account�), by creating separate profiles under
Your Account, or otherwise, they will be able to view and access Your Account
information. You shall be solely liable and responsible for all the activities
undertaken under Your Account, and any consequences therefrom.
Communications
When You use the Platform or send emails or
other data, information or communication to us, You agree and understand that
You are communicating with Us through electronic records and You consent to
receive communications via electronic records from Us periodically and as and
when required. We may communicate with you by email or by such other mode of
communication, electronic or otherwise.
Platform for
Transaction and Communication
The Platform is a platform that Users utilize
to meet and interact with one another for their transactions. Rsgroup is not
and cannot be a party to or control in any manner any transaction between the
Platform's Users.
Henceforward:
1. All commercial/contractual terms are offered
by and agreed to between Buyers and Sellers alone. The commercial/contractual
terms include without limitation price, shipping costs, payment methods,
payment terms, date, period and mode of delivery, warranties related to
products and services and after sales services related to products and
services. Rsgroup does not have any control or does not determine or advise or
in any way involve itself in the offering or acceptance of such
commercial/contractual terms between the Buyers and Sellers. All discounts,
offers (including exchange offers) are by the Seller/Brand and not by Rsgroup.
2. Placement of order by a Buyer with Seller on
the Platform is an offer to buy the product(s) in the order by the Buyer to the
Seller and it shall not be construed as Seller's acceptance of Buyer's offer to
buy the product(s) ordered. The Seller retains the right to cancel any such
order placed by the Buyer, at its sole discretion and the Buyer shall be
intimated of the same by way of an email/SMS. Any transaction price paid by
Buyer in case of such cancellation by Seller, shall be refunded to the Buyer.
Further, the Seller may cancel an order wherein the quantities exceed the
typical individual consumption. This applies both to the number of products
ordered within a single order and the placing of several orders for the same
product where the individual orders comprise a quantity that exceeds the
typical individual consumption. What comprises a typical individual's
consumption quantity limit shall be based on various factors and at the sole
discretion of the Seller and may vary from individual to individual.
3. Rsgroup does not make any representation or
Warranty as to specifics (such as quality, value, salability, etc) of the
products or services proposed to be sold or offered to be sold or purchased on
the Platform. Rsgroup does not implicitly or explicitly support or endorse the
sale or purchase of any products or services on the Platform. Rsgroup accepts
no liability for any errors or omissions, whether on behalf of itself or third
parties.
4. Rsgroup is not responsible for any
non-performance or breach of any contract entered into between Buyers and
Sellers. Rsgroup cannot and does not guarantee that the concerned Buyers and/or
Sellers will perform any transaction concluded on the Platform. Rsgroup shall
not and is not required to mediate or resolve any dispute or disagreement
between Buyers and Sellers.
5. Rsgroup does not make any representation or
warranty as to the item-specifics (such as legal title, creditworthiness,
identity, etc) of any of its Users. You are advised to independently verify the
bona fides of any particular User that You choose to deal with on the Platform
and use Your best judgment in that behalf.
6. Rsgroup does not at any point of time during
any transaction between Buyer and Seller on the Platform come into or take
possession of any of the products or services offered by Seller nor does it at
any point gain title to or have any rights or claims over the products or
services offered by Seller to Buyer.
7. At no time shall Rsgroup hold any right, title
or interest over the products nor shall Rsgroup have any obligations or
liabilities in respect of such contract entered into between Buyers and
Sellers. Rsgroup is not responsible for unsatisfactory or delayed performance
of services or damages or delays as a result of products which are out of
stock, unavailable or back ordered.
8. The Platform is only a platform that can be
utilized by Users to reach a larger base to buy and sell products or services. Rsgroup
is only providing a platform for communication and it is agreed that the
contract for sale of any of the products or services shall be a strictly
bipartite contract between the Seller and the Buyer.
At no time shall Rsgroup hold any right, title
or interest over the products nor shall Rsgroup have any obligations or
liabilities in respect of such contract.
Rsgroup is not responsible for unsatisfactory
or delayed performance of services or damages or delays as a result of products
which are out of stock, unavailable or back ordered.
Select products offered by sellers may be
eligible for business purchases on the Platform.
1.
Upon Your purchase of
product(s) eligible for business purchases, You may be able to avail the
benefits of GST input tax credit. Accordingly, at your request, an invoice
containing the GSTIN as provided by You ("Tax Invoice") shall be
issued to You by the Seller(s) selling such products.
o
GST invoice will have,
inter alia, the following details printed on it: -GSTIN associated with your
registered business, as provided by you
o
Entity name of your
registered business, as provided by you
o
Not all products are
eligible for business purchases on the Platform and the same is solely at the
discretion of the Sellers. You will be able to view the eligibility of Tax
Invoice on the product page on the Platform.
o
Purchases on the
Platform must only be for end consumption. Users must not use products
purchased on the Platform for any commercial, promotional, resale or further
distribution purposes.
o
For seamless availment
of input tax credit, kindly mention the delivery address as the address which
is mentioned as the registered place of business as per the records of GST
authority. Please note that availment of input tax credit is subject to
provisions of GST Act and rules.
o
The delivery and
billing addresses will be required to be the same, please note that input tax
credit will be denied by GST authority if the delivery address and GSTIN in the
GST invoice are of different states.
o
If GSTIN and/or
business entity details are not provided by You, it will be presumed that it is
a personal purchase and not a business purchase.
o
Rsgroup is not
responsible to verify the correctness of the GSTIN and/or entity name provided
by You and You shall be entirely responsible to provide the accurate details.
o
Rsgroup and Seller
shall not entertain any request for any revision in the GST Invoice. Rsgroup
and Seller shall not be liable for Your default including for reasons
associated with details provided by You.
o
Rsgroup will not be
liable in case You are not able to avail input tax credit or if input tax
credit is denied to You for any reason whatsoever.
o
You shall be solely
liable for all compliances required under applicable laws.
o
You agree to indemnify
and hold Rsgroup and Seller harmless from all losses, claims, costs, expenses,
suits, proceedings, or any other liability including any third-party claims
(including any penalties imposed by governmental authorities) arising out of or
in connection with (1) the GSTIN and/or entity name provided by you or the
input tax credit claimed by you or your use or misuse of the GST Invoice and
(2) your non-compliance with the applicable laws or (3) your use or misuse of
any third-party�s details including GSTIN.
o
Rsgroup has the right
to not allow business purchases on the Platform to You if a fraudulent activity
is identified.
o
Seller reserves the
right to not issue Tax Invoice or issue a credit note against an already issued
Tax Invoice to cancel the transaction, if any fraudulent activity is
identified.
2.
You shall
independently agree upon the manner and terms and conditions of delivery,
payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is
reflected on the Platform may due to some technical issue, typographical error
or product information published by seller may be incorrectly reflected and in
such an event seller may cancel such your order(s).
1. You release and indemnify Rsgroup and/or any
of its officers and representatives from any cost, damage, liability or other
consequence of any of the actions of the Users of the Platform and specifically
waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Rsgroup cannot take
responsibility or control the information provided by other Users which is made
available on the Platform. You may find other User's information to be
offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution
and practice safe trading when using the Platform.
Please note that there could be risks in
dealing with underage persons or people acting under false pretence.
Charges
Membership on the Platform is free for buyers.
Rsgroup does not charge any fee for browsing and buying on the Platform. Rsgroup
reserves the right to change its Fee Policy from time to time. In particular, Rsgroup
may at its sole discretion introduce new services and modify some or all of the
existing services offered on the Platform. In such an event Rsgroup 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 Platform and such changes shall automatically become effective
immediately after they are posted on the Platform. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to Rsgroup ..
Use of the Platform
You agree, undertake and confirm that Your use
of Platform shall be strictly governed by the following binding principles:
1.
You shall not host,
display, upload, modify, publish, transmit, update or share any information
which:
(a) belongs to another person and to which You
does not have any right to;
(b) is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,
invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, 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) is misleading in any way;
(d) is patently offensive to the online
community, such as sexually explicit content, or content that promotes
obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind
against any group or individual;
(e) harasses or advocates harassment of
another person;
(f) involves the transmission of "junk
mail", "chain letters", or unsolicited mass mailing or
"spamming";
(g) promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libellous;
(h) 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];
(i) promotes an illegal or unauthorized copy
of another person's copyrighted work (see "Copyright complaint" below
for instructions on how to lodge a complaint about uploaded copyrighted
material), such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
(j) contains restricted or password-only
access pages, or hidden pages or images (those not linked to or from another
accessible page);
(k) provides material that exploits people in
a sexual, violent or otherwise inappropriate manner or solicits personal
information from anyone;
(l) provides instructional information about
illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of
another person (with a minor or an adult).
(n) tries to gain unauthorized access or
exceeds the scope of authorized access to the Platform or to profiles, blogs,
communities, account information, bulletins, friend request, or other areas of
the Platform or solicits passwords or personal identifying information for
commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or
sales without Our prior written consent such as contests, sweepstakes, barter,
advertising and pyramid schemes, or the buying or selling of
"virtual" products related to the Platform. Throughout this Terms of
Use, Rsgroup's prior written consent means a communication coming from Rsgroup's
Legal Department, specifically in response to Your request, and specifically
addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any
gambling activity which We, in Our sole discretion, believes is or could be
construed as being illegal;
(q) interferes with another USER's use and
enjoyment of the Platform or any other individual's User and enjoyment of
similar services;
(r) refers to any Platform or URL that, in Our
sole discretion, contains material that is inappropriate for the Platform or
any other Platform, contains content that would be prohibited or violates the
letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes 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 or stolen products;
(u) violates any law for the time being in
force;
(v) deceives or misleads the addressee/ users
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains 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;
(y) threatens 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.
(z) shall not be false, inaccurate or
misleading;
(aa) shall not, 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.
(ab) shall not create liability for Us or
cause Us to lose (in whole or in part) the services of Our internet service
provider ("ISPs") or other suppliers;
1.
You shall not use any
"deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Platform or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the
Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. We reserve Our right to bar any such activity.
2.
You shall not attempt
to gain unauthorized access to any portion or feature of the Platform, or any
other systems or networks connected to the Platform or to any server, computer,
network, or to any of the services offered on or through the Platform, by
hacking, password "mining" or any other illegitimate means.
3.
You shall not probe,
scan or test the vulnerability of the Platform or any network connected to the
Platform nor breach the security or authentication measures on the Platform or
any network connected to the Platform. You may not reverse look-up, trace or
seek to trace any information on any other User of or visitor to Platform, or
any other customer, including any account on the Platform not owned by You, to
its source, or exploit the Platform or any service or information made
available or offered by or through the Platform, 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, as provided for
by the Platform.
4.
You shall not make any
negative, denigrating or defamatory statement(s) or comment(s) about Us or the
brand name or domain name used by Us including the terms Rsgroup, Flyte,
Digiflip, Flipcart, rsgroup.com, or otherwise engage in any conduct or action
that might tarnish the image or reputation, of Rsgroup or sellers on platform
or otherwise tarnish or dilute any Rsgroup's trade or service marks, trade name
and/or goodwill associated with such trade or service marks, 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 Platform or Rsgroup's systems or networks, or any systems or networks
connected to Rsgroup.
5.
You agree not to use
any device, software or routine to interfere or attempt to interfere with the proper
working of the Platform or any transaction being conducted on the Platform, or
with any other person's use of the Platform.
6.
You may not forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal You send to Us on or through the Platform or any
service offered on or through the Platform. You may not pretend that You are,
or that You represent, someone else, or impersonate any other individual or
entity.
7.
You may not use the
Platform or any content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or other
activity which infringes the rights of Rsgroup and / or others.
8.
You shall at all times
ensure full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules thereunder as applicable and as 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, 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 products 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.
9.
Solely to enable Us to
use the information You supply Us with, so that we are not violating any rights
You might have in Your Information, You agree to grant Us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database rights or
any other rights You have in Your Information, in any media now known or not
currently known, with respect to Your Information. We will only use Your
information in accordance with the Terms of Use and Privacy Policy applicable
to use of the Platform.
10.
From time to time, You
shall be responsible for providing information relating to the products 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 products or services so as to mislead
other Users in any manner.
11.
You shall not engage
in advertising to, or solicitation of, other Users of the Platform to buy or
sell any products or services, including, but not limited to, products or
services related to that being displayed on the Platform or related to us. You
may not transmit any chain letters or unsolicited commercial or junk email to
other Users via the Platform. It shall be a violation of these Terms of Use to
use any information obtained from the Platform in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. 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 user may send to other
Users in any 24-hour period which We deems appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Platform) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to) disclose any
information about You to law enforcement or other government officials, as we,
in 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 has no obligation,
to monitor the materials posted on the Platform. Rsgroup shall have the right
to remove or edit any content that in its sole discretion violates, or is
alleged to violate, any applicable law or either the spirit or letter of these
Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect Rsgroup
views. In no event shall Rsgroup assume or have any responsibility or liability
for any Content posted or for any claims, damages or losses resulting from use
of Content and/or appearance of Content on the Platform. You hereby represent
and warrant that You have all necessary rights in and to all Content which 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
libellous, tortious, or otherwise unlawful information.
1.
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Platform, including payment and delivery of related products or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. We
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Platform.
2.
It is possible that
other users (including unauthorized users or "hackers") may post or
transmit offensive or obscene materials on the Platform and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about You due to your use of
the Platform, and that the recipient may use such information to harass or injure
You. We does not approve of such unauthorized uses, but by using the Platform
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
Platform. Please carefully select the type of information that You publicly
disclose or share with others on the Platform.
3.
Rsgroup 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/DDoS (Distributed Denial of
Services).
4.
If you choose to
browse or transact on the Platform using the voice command-based shopping
feature, you acknowledge that Rsgroup and/or its affiliates will collect, store
and use your voice inputs on this feature to customize your experience and
provide additional functionality as well as to improve Rsgroup�s and/or its
affiliates� products and services. Rsgroup�s and/or its affiliates� use of your
voice data will be in accordance with the Rsgroup Privacy Policy. You accept
that your use of this feature is restricted to the territory of the Republic of
India. This feature may not be accessible on certain devices and requires an
internet connection. Rsgroup reserves the right to change, enhance, suspend, or
discontinue this feature, or any part of it, at any time without notice to you.
Your continued use of this feature constitutes your acceptance of the terms
related to this feature.
5.
You acknowledge and
agree that the Hindi, Telugu, Tamil, Kannada and Marathi, Bengali, Gujarati ,
Odia, Malayalam, Punjabi & Assamese translation features are made available
on the Platform on a reasonable effort basis for convenience only, without any
representation or warranties by Rsgroup, express or implied, including the
translations being error free, their accuracy, completeness or reliability.
Under the translation feature, You will have the option to adding delivery
addresses in the language selected by You out of the featured languages. Such
delivery addresses shall be transliterated in English language for processing,
handling and fulfilling Your orders on the Platform. Rsgroup expressly
disclaims any liability of any nature whatsoever arising from or related to the
said translation/transliteration features on the Platform. Some features and
sections on the Platform may not be translated in the language selected by You
[Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Odia, Malayalam,
Punjabi & Assamese language, as applicable], and the English version of the
same will be the definitive version. In the event of any conflict or
inconsistency between the translated terms and the English version available on
the Platform, the English version on the Platform shall prevail. This feature
may not be accessible on certain devices. Rsgroup reserves the right to change,
enhance, suspend, or discontinue this feature, or any part of it, at any time
without notice to You.
Contents Posted on
Platform
All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music and artwork
(collectively, "Content"), is a third party user generated content
and Rsgroup has no control over such third party user generated content as Rsgroup
is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of
Use, no part of the Platform and no 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, Platform or other medium for publication or
distribution or for any commercial enterprise, without Rsgroup's express prior
written consent.
You may use information on the products and services
purposely made available on the Platform for downloading, provided that You (1)
do not remove any proprietary notice language in all copies of such documents,
(2) 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 in any media, (3) make no modifications to any such information,
and (4) do not make any additional representations or warranties relating to
such documents.
You shall be responsible for any notes,
messages, emails, reviews, ratings, billboard postings, photos, drawings,
profiles, opinions, ideas, images, videos, audio files or other materials or
information posted or transmitted to the Platform (collectively, "Content").
Such Content will become Our property and You grant Us the worldwide, perpetual
and transferable rights in such Content. We shall be entitled to, consistent
with Our Privacy Policy as adopted in accordance with applicable law, use the
Content or any of its elements for any type of use forever, including but not
limited to promotional and advertising purposes and in any media whether now
known or hereafter devised, including the creation of derivative works that may
include the Content You provide. You agree that any Content You post may be
used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as
mentioned herein, and You are not entitled to any payment or other compensation
for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT
BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO,
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY
CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION
BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection of Your privacy as a very
important principle. We understand clearly that You and Your Personal
Information is one of Our most important assets. We store and process Your
Information including any sensitive financial information collected (as defined
under the Information Technology Act, 2000), if any, on computers that may be
protected by physical as well as reasonable technological security measures and
procedures in accordance with Information Technology Act 2000 and Rules there
under.Our current Privacy Policy is available at Privacy. Our current Privacy
Policy is available at Privacy. f You object to Your Information being
transferred or used in this way please do not use Platform. If You object to
Your Information being transferred or used in this way please do not use
Platform.
We may share personal information with our
other corporate entities and affiliates. These entities and affiliatesmay
market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third
parties. This disclosure may be required for us to provide youaccess to our
Services, to comply with our legal obligations, to enforce our User Agreement,
to facilitate our marketing and advertising activities, or to prevent, detect,
mitigate, and investigate fraudulent or illegal activities related to our
Services. We do not disclose your personal information to third parties for
their marketing and advertising purposes without your explicit consent.
We may disclose personal information if
required to do so by law or in the good faith belief that such disclosure is
reasonably necessary to respond to subpoenas, court orders, or other legal
process. We may disclose personal information to law enforcement offices, third
party rights owners, or others in the good faith belief that such disclosure is
reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims
that an advertisement, posting or other content violates the rights of a third
party; or protect the rights, property or personal safety of our users or the
general public.
We and our affiliates will share / sell some
or all of your personal information with another business entity should we (or
our assets) plan to merge with, or be acquired by that business entity, or
re-organization, amalgamation, restructuring of business. Should such a
transaction occur that other business entity (or the new combined entity) will
be required to follow this privacy policy with respect to your personal
information.
Disclaimer of
Warranties and Liability
This Platform, all the materials and products
(including but not limited to software) and services, included on or otherwise
made available to You through this site are provided on "as is" and
"as available" basis without any representation or warranties,
express or implied except otherwise specified in writing. Without prejudice to
the forgoing paragraph, Rsgroup does not warrant that:
This Platform will be constantly available, or
available at all; or
The information on this Platform is complete,
true, accurate or non-misleading.
Rsgroup will not be liable to You in any way
or in relation to the Contents of, or use of, or otherwise in connection with,
the Platform. Rsgroup does not warrant that this site; information, Content,
materials, product (including software) or services included on or otherwise
made available to You through the Platform; their servers; or electronic
communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant
to constitute, advice of any kind. All the Products sold on Platform are
governed by different state laws and if Seller is unable to deliver such
Products due to implications of different state laws, Seller will return or
will give credit for the amount (if any) received in advance by Seller from the
sale of such Product that could not be delivered to You.
You will be required to enter a valid phone
number while placing an order on the Platform. By registering Your phone number
with us, You consent to be contacted by Us via phone calls, SMS notifications,
mobile applications and/or any other electronic mode of communication in case
of any order or shipment or delivery related updates. We will not use your
personal information to initiate any promotional phone calls or SMS.
Selling
As a registered seller, you are allowed to
list item(s) for sale on the Platform in accordance with the Policies which are
incorporated by way of reference in this Terms of Use. You must be legally able
to sell the item(s) you list for sale on our Platform. 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 listed items must be listed in an
appropriate category on the Platform. All listed items must be kept in stock
for successful fulfilment 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 amounts that you may have received from the Buyer. You agree not to
list a single product in multiple quantities across various categories on the
Platform. Rsgroup reserves the right to delete such multiple listings of the
same product listed by you in various categories.
Services
Payment
While availing any of the payment method/s
available on the Platform, we will not be responsible or assume any liability,
whatsoever in respect of any loss or damage arising directly or indirectly to
You due to:
1.
Lack of authorization
for any transaction/s, or
2.
Exceeding the preset
limit mutually agreed by You and between "Bank/s", or
3.
Any payment issues
arising out of the transaction, or
4.
Decline of transaction
for any other reason/s
All payments made against the
purchases/services on Platform by you shall be compulsorily in Indian Rupees
acceptable in the Republic of India. Platform will not facilitate transaction
with respect to any other form of currency with respect to the purchases made
on Platform.
Before shipping / delivering your order to
you, Seller may request you to provide supporting documents (including but not
limited to Govt. issued ID and address proof) to establish the ownership of the
payment instrument used by you for your purchase. This is done in the interest
of providing a safe online shopping environment to Our Users.
Further:
1. 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 Buyer and
Seller and payment facility is merely used by the Buyer and Seller to
facilitate the completion of the Transaction. Use of the payment facility shall
not render Rsgroup liable or responsible for the 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 Rsgroup's Platform.
2. You have specifically authorized Rsgroup or
its service providers to collect, process, facilitate and remit payments and /
or the Transaction Price electronically or through Cash on Delivery to and from
other Users in respect of transactions through Payment Facility. Your
relationship with Rsgroup is on a principal to principal basis and by accepting
these Terms of Use you agree that Rsgroup is an independent contractor for all
purposes, and does not have control of or liability for the products or
services that are listed on Rsgroup's Platform that are paid for by using the
Payment Facility. Rsgroup does not guarantee the identity of any User nor does
it ensure that a Buyer or a Seller will complete a transaction.
3. You understand, accept and agree that the
payment facility provided by Rsgroup is neither a banking nor financial service
but is merely a facilitator providing an electronic, automated online
electronic payment, receiving payment through Cash On Delivery, collection and
remittance facility for the Transactions on the Rsgroup Platform using the
existing authorized banking infrastructure and Credit Card payment gateway
networks. Further, by providing Payment Facility, Rsgroup is neither acting as
trustees nor acting in a fiduciary capacity with respect to the Transaction or
the Transaction Price.
Payment Facility for Buyers:
1.
You, as a Buyer,
understand that upon initiating a Transaction You are entering into a legally
binding and enforceable contract with the Seller to purchase the products and
/or services from the Seller using the Payment Facility, and You shall pay the
Transaction Price through Your Issuing Bank to the Seller using Payment
Facility.
2.
You, as a Buyer, may
agree with the Seller through electronic communication and electronic records
and using the automated features as may be provided by Payment Facility on any
extension / increase in the Dispatch and/or Delivery time and the Transaction
shall stand amended to such extent. Any such extension / increase of Dispatch /
Delivery time or subsequent novation / variation of the Transaction should be
in compliance with Payment Facility Rules and Policies.
3.
You, as a Buyer, shall
electronically notify Payment Facility using the appropriate Rsgroup Platform
features immediately upon Delivery or non Delivery within the time period as
provided in Policies. Non notification by You of Delivery or non Delivery within
the time period specified in the Policies shall be construed as a deemed
Delivery in respect of that Transaction. In case of Cash On Delivery
transactions, Buyer is not required to confirm the receipt of products or
services.
4.
You, as a Buyer, shall
be entitled to claim a refund of the Transaction Price (as Your sole and
exclusive remedy) in case You do not receive the Delivery within the time
period agreed in the Transaction or within the time period as provided in the
Policies, whichever is earlier. In case you do not raise a refund claim using
Platform features within the stipulated time than this would make You
ineligible for a refund.
5.
You, as a Buyer,
understand that the Payment Facility may not be available in full or in part
for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in
respect of the Transactions for those products and /or services
6.
Except for Cash On
Delivery transaction, refund, if any, shall be made at the same Issuing Bank
from where Transaction Price was received, or through any other method
available on the Platform, as chosen by You.
7.
For Cash On Delivery
transactions, refunds, if any, will be made via electronic payment transfers.
8.
Refund shall be made
in Indian Rupees only and shall be equivalent to the Transaction Price received
in Indian Rupees.
9.
For electronics
payments, refund shall be made through payment facility using NEFT / RTGS or
any other online banking / electronic funds transfer system approved by Reserve
Bank India (RBI).
10.
Refunds may be
supported for select banks. Where a bank is not supported for processing
refunds, You will be required to share alternate bank account details with us
for processing the refund.
11.
Refund shall be conditional
and shall be with recourse available to Rsgroup in case of any misuse by Buyer.
12.
We may also request
you for additional documents for verification.
13.
Refund shall be
subject to Buyer complying with Policies.
14.
Rsgroup reserves the
right to impose limits on the number of Transactions or Transaction Price which
Rsgroup may receive from on an individual Valid Credit/Debit/ Cash Card / Valid
Bank Account/ and such other infrastructure or any other financial instrument
directly or indirectly through payment aggregator or through any such facility
authorized by Reserve Bank of India to provide enabling support facility for
collection and remittance of payment or by an individual Buyer during any time
period, and reserves the right to refuse to process Transactions exceeding such
limit.
15.
Rsgroup reserves the
right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by
Buyer with Rsgroup or breach/violation of any law or any charges imposed by
Issuing Bank or breach of any policy.
16.
Rsgroup may do such
checks as it deems fit before approving the receipt of/Buyers commitment to pay
(for Cash On Delivery transactions) Transaction Price from the Buyer for
security or other reasons at the discretion of Rsgroup. As a result of such
check if Rsgroup is not satisfied with the creditability of the Buyer or
genuineness of the Transaction or other reasons at its sole discretion, Rsgroup
shall have the right to reject the receipt of / Buyers commitment to pay
Transaction Price. For avoidance of doubt, it is hereby clarified that the
�Cash on Delivery� feature for payment, may be disabled for certain account
users, at the sole discretion of Rsgroup.
17.
Rsgroup may delay
notifying the payment confirmation i.e. informing Seller to Dispatch, if Rsgroup
deems suspicious or for Buyers conducting high transaction volumes to ensure
safety of the Transaction and Transaction Price. In addition, Rsgroup may hold
Transaction Price and Rsgroup may not inform Seller to Dispatch or remit
Transaction Price to law enforcement officials (instead of refunding the same
to Buyer) at the request of law enforcement officials or in the event the Buyer
is engaged in any form of illegal activity.
18.
The Buyer and Seller
acknowledge that Rsgroup will not be liable for any damages, interests or
claims etc. resulting from not processing a Transaction/Transaction Price or
any delay in processing a Transaction/Transaction Price which is beyond control
of Rsgroup.
Compliance with Laws:
1. As required by applicable law, if the Customer
makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer
will be required to upload a scanned copy of his/her PAN card on the Platform,
within 4 days of making the purchase, failing which, the purchase made by the
Customer will be cancelled. The requirement to submit the PAN card arises only
once and if it has been submitted once by the Customer, it need not be
submitted again. The order of the Customer shall stand cancelled if there is a
discrepancy between the name of the Customer and the name on the PAN Card.
2. 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 Rsgroup Platform.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/ Cash Card/ and other
payment instruments are processed using a Credit Card payment gateway or
appropriate payment system infrastructure and the same will also be governed by
the terms and conditions agreed to between the Buyer and the respective Issuing
Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank
Accounts are processed using the gateway provided by the respective Issuing Bank
which support 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 Buyer and the respective Issuing Bank.
Rsgroup's Replacement
Guarantee*
Rsgroup's Replacement Guarantee seeks to
assist Buyers who have been defrauded by qualified sellers on the Platform. The
return policy period (Rsgroup's Replacement Guarantee) depends on the product
category and the seller. Kindly click here to know the return policy period
applicable for different categories. If at the time of delivery and/or within
the applicable return policy period, if any defect is found, then the buyer of
the product/s can ask for replacement of the product/s from the seller subject
to the following terms and conditions
1. Notify seller of any defects in the product/s
at the time of delivery of the product/s and/or within the applicable return
policy period and the same product/s will be replaced in return of the
defective product/s.
2. Replacement can be for the entire product/s or
part/s of the product subject to availability of the same with the seller.
Following products shall not be eligible for
return or replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of
product;
c. Any consumable item which has been
used/installed;
d. Products with tampered or missing
serial/UPC numbers;
e. Digital products/services (Flyte music
downloads)
f. Any damage/defect which are not covered
under the manufacturer's warranty
g. Any product that is returned without all
original packaging and accessories, including the box, manufacturer's packaging
if any, and all other items originally included with the product/s delivered;
h. Jewellery which is 'made to order' on customer's
request
On Clothing and Footwear, qualified sellers
accept 30 day exchange subject to the following conditions:
Clothes and footwear are not used (other than
for trial), altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact.
For items that come in branded packaging, the box should be undamaged.
Returns are not applicable for 'Made to order'
jewellery, Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or 'Not as described'
products in Lifestyle category (includes clothing, footwear, etc.) are
meanwhile covered by the 30 Day Replacement Guarantee. Kindly click here to
know the return policy period (Replacement Guarantee) applicable for different
categories.
If Rsgroup has any suspicion or knowledge that
any of its buyers and sellers are involved in any activity that is intended to
provide claims or information that is false or not genuine, Rsgroup may also,
while reserving its rights to initiate civil and/or criminal proceedings
against such member buyers and sellers, at its sole discretion, suspend, block,
restrict, cancel the Display Name of such buyers and sellers and/or disqualify
that user and any related users from availing protection through this program.
Customers who have been blocked for any suspicious or fraudulent activity on Rsgroup
will not be allowed to return their products.
Rsgroup reserves its right to initiate civil
and/or criminal proceedings against a user who, files a invalid and/or false
claims or provides false, incomplete, or misleading information. In addition to
the legal proceedings as aforesaid, Rsgroup may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such user and/or disqualify that user and any related users from availing
protection through this program. Any person who, knowingly and with intent to
injure, defraud or deceive, 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.
Exchange Offers:
By participating in the exchange I confirm
that I am the sole and absolute owner and/or user of the product mentioned
above (device).
I confirm that device which I am exchanging
under the buyback program is genuine and is not counterfeit, free from any and
all encumbrances, liens, attachments, disputes, legal flaws, exchange or any
Agreement of Sale etc. and I have got the clear ownership of the said device.
You agree to indemnity and keep indemnifying Rsgroup.com
and any future buyer of the device against all or any third party claims,
demand, cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by Rsgroup.com, its affiliates or any future buyer
due to usage of the device by you till date and you undertake to make good the
same.
I confirm that all the data in the said device
will be erased before handing it over under buy back program. I also confirm
that in spite of erasing the data manually/electronically, if any data still
accessible due any technical reason, Rsgroup.com, Seller or the Manufacturer
shall not be responsible for the same and I will not approach Rsgroup.com for
any retrieval of the data.
I hereby give my consent that my personal information
that I have provided in connection with this buyback program might be
processed, transferred and retained by the retailer and other entities involved
in managing the program for the purposes of validating the information that I
provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the
Rsgroup.com and any future buyer of the old device against all or any third
party claims, demand, cost, expenses including attorney fees which may be
suffered, incurred, undergone and / or sustained by Rsgroup.com, its affiliates
or any future buyer due to usage of the device by me till date and I undertake
to make good the same.
I understand once a device is sent by me to Rsgroup,
in no scenario can this device be returned back to me.
I understand that the new device delivery and
the old device pickup will happen simultaneously (hand in hand) and I shall
keep the old device ready to be given for exchange.
Products distributed as gifts from state
sponsored or NGO funded distribution programs are not accepted for exchange
under exchange offers.
Digital Content: Music
Music (MP3 format): Only certain short listed
Seller (at the sole discretion of Rsgroup) shall be entitled to sell Music (MP3
format) on the Platform. You may be able to purchase DRM-free digital music in
MP3 file format on the Platform from the respective Sellers. Such MP3 music
files shall be provided to You as per selection provided by Seller, subject to
certain limitations as described by the Seller. You shall be granted specified
download rights of DRM-free MP3 music files from the catalogue of MP3 music
displayed on the Platform. The MP3 music may include full-length MP3 audio
tracks at best available bit rate and certain other premium features, as may be
provided on the Platform by respective Sellers from time to time.
Territory: Currently You can purchase
downloadable digital MP3 music only through the Platform and Flyte Music
Application as may be made available from time to time on the Platform, only
within the territory of India.
Rights Granted: Music download right is a
non-exclusive, non-transferable right to use for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use. You may
copy, store, transfer and burn the MP3 music file only for your personal,
non-commercial, entertainment use, subject to and in accordance with the Terms
of Use. You represent, warrant and agree that You will use the MP3 music file
only for your personal, non-commercial, entertainment use and not for any
redistribution of the same or other use restricted in this Section. You agree
not to infringe the rights of the copyright owners and to comply with all
applicable laws in your use of the MP3 music file. You agree that You will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use MP3 music file. You are not
granted any synchronization, public performance, promotional use, commercial
sale, resale, reproduction or distribution rights for MP3 music file. You
acknowledge that the MP3 music file embodies the intellectual property of a
third party and is protected by law.
Explicit Consent: You agree that we shall have
no liability to You for MP3 music file downloaded by You on the Platform if You
find the same to be offensive, indecent or objectionable and expressions
through the audio files are not subscribed by us.
Cash on Delivery as a mode of payment is not
available for purchasing MP3 music on the Platform currently.
All Sales Final;
Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3
music files are final. Returns of MP3 music files are not permissible on
Platform. Once You have purchased MP3 music files, Rsgroup encourages You to
download it promptly. If You are unable to complete a download, please
contact customer service within
6 hours of the payment.
Further Rsgroup assumes no liability if your
media player does not support the file format made available by the Seller on
the Platform or your browser does not support the music download application /
software available by the Seller on the Platform, by whatever name called.
You bear all risk of loss after purchase and
for any loss of MP3 music files You have downloaded, including any loss due to
a computer or hard drive crash.
Seller may, from time to time, at its sole
discretion, remove MP3 music files from the Service without notice.
Intellectual Property Rights: It is hereby
specifically recorded that the copyright and other Intellectual Property in the
music available on the Platform is the sole and exclusive property of third
parties. Seller represents and warrants that Sellers are authorized by such
third parties to upload the music on the Platform for license of use to the end
customers. Intellectual Property Rights for the purpose of this Terms of Use
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, 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 Rsgroup as the
owner of such domain name. The Parties hereto agree and confirm that no part of
any Intellectual Property rights mentioned hereinabove is transferred in the
name of User 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.
Your request to download a MP3 music file is
personal to You, and the track may not be used, sold, rented, transferred,
licensed or otherwise provided to any other User. The license to downloaded
tracks includes only those rights explicitly stated herein (typically, the
right to play back for your own personal use from your personal computer, CD
player, digital player, or other personal consumer electronic device), and, for
the avoidance of doubt, does not include the right to create a derivative work,
to make copies other than for your own personal use, or to use the track in any
commercial manner. You shall promptly notify Us in writing upon your discovery
of any unauthorized use or infringement.
Software: Seller may make available to You,
from time to time, software for Your use in connection with the download of MP3
music files (any and all such software, individually and collectively, the
"Software").
You may use the Software only in connection
with the download of MP3 music files on the Platform. You may not separate any
individual component of the Software for use other than in connection to the
download, may not incorporate any portion of it into Your own programs or
compile any portion of it in combination with your own programs, may not
transfer it for use with another service, or use it, or any portion of it, over
a network and may not sell, rent, lease, lend, loan, distribute or sub-license
the Software or otherwise assign any rights to the Software in whole or in
part. Seller may discontinue some or all of any Software Seller provide, and
Seller may terminate your right to use any Software at any time and in such
event may modify it to make it inoperable.
Without limiting the Disclaimer of Warranties
and Limitation of Liability in this terms of use, (i) in no event shall Our or
software licensors' total liability to You for all damages arising out of or
related to your use or inability to use the Software and / or download manager
or any other application exceed the amount of ₹20; and (ii) in no event shall
Our or Our Digital Content providers' total liability to You for all damages
arising from your use of the Service, the Digital Content, or information,
materials or products included on or otherwise made available to You through
the Service (excluding the Software), exceed the amount You paid to purchase,
on the Service, the Digital Content related to Your claim for damages.
Digital Content:
eBooks
ebook (ePub format): You will be able to
purchase DRM-encrypted eBooks in ePub file format on the Rsgroup Platform and
the Flyte eBooks application. Such ePub files shall be provided to you as per
your selection, subject to certain limitations as described herein. You shall
be granted specified download rights of DRM-encrypted ePub files from the
catalog of eBooks displayed on the Platform.
Download rights: You will need to be
registered with Rsgroup to make an ebook purchase. The eBooks which you
purchase from the Rsgroup Platform or Flyte eBooks application shall be added
in your Rsgroup eBooks library from where you can download the eBooks onto your
device(/s). Each downloaded ebook is locked to the User account and the
downloader device. These downloaded eBooks cannot be transferred onto other
devices. Each device used by you will have to be synced with your online eBooks
library. You can sync a maximum of six(6) devices against your user account.
You can download the eBooks to your mobile or tablet devices for offline
reading and can read the eBooks using the Flyte eBooks Application only.
Flyte eBooks application: Flyte eBooks
application will enable you to read the digital books purchased from the Flyte
eBooks store, on your mobile or tablet devices. The app also has an in-app
Flyte eBooks store where the user can quickly purchase eBooks. The Flyte eBooks
app will be available in the Android platform. The Android app will be
compatible with both mobiles and tablet devices. You can download the Flyte
eBooks android app for free from the Rsgroup Platform and also Google Play.
Territory: Currently you can purchase
downloadable eBooks only through the Platform and Flyte eBooks Application as
may be made available from time to time on the Platform, only within the
territory of India. You have to be within the Indian Territory to even download
the already purchased files from your Rsgroup eBooks library.
DRM Specifications: The DRM (Digital Rights
Management) enables us to restrict certain permissions. The Flyte DRM
specifications restrict the following permissions:
Default
Restrictions |
Rsgroup Settings |
Printing |
Not Allowed |
Copying |
Not Allowed |
Side-Loading (from one device to other) |
Not Allowed |
e-mailing |
Not Allowed |
Saving Images |
Not Allowed |
Read out aloud |
Not Allowed |
Number of distinct devices for file
downloading |
Allowed (Six) |
Social media sharing |
140 word |
Rights Granted: Upon your payment of our fees
for ebook, we grant you a non-exclusive, non-transferable right to use the
downloaded ebook for your personal, non-commercial, entertainment use, subject
to and in accordance with the Terms of Use. You may store the ebook only for
your personal, non-commercial, entertainment use, subject to and in accordance
with the Terms of Use.
You represent, warrant and agree that you will
use the ebook only for your personal, non-commercial, entertainment use and not
for any redistribution of the same or other use restricted in this Section. You
agree not to infringe the rights of the copyright owners and to comply with all
applicable laws in your use of the ebook. You agree that you will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use ebook.
You are not granted any synchronization,
public performance, promotional use, commercial sale, resale, reproduction or
distribution rights for ebook. You acknowledge that the ebook embodies the
intellectual property of a third party and is protected by law.
Explicit Consent: You agree that we shall have
no liability to you for ebook downloaded by You on the Platform or Flyte Apps
if you find the same to be offensive, indecent or objectionable.
Payment: The Price List for each downloadable
ebook displayed on the Platform represents the full retail price (inclusive of
all taxes unless specified otherwise) for said downloadable ebook. You shall
pay for such downloadable ebook using one of the payment options available on
the Platform.
The Price List mentions the prices of each
downloadable ebook and the User shall pay in Indian Currency (i.e. Indian
Rupee). We reserve our right to change the prices of the ebook and services and
the availability of the same at our sole discretion.
Rsgroup will allow the user to buy ebook using
the following forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> Rsgroup Wallet
--> any other mode of payment, as may be
decided and made available on the Platform.
Please note that payment can be made only in
India Rupees and all the above payment instruments must have been issued by
entities operating in India and subject to Indian regulations.
Cash on Delivery as a mode of payment is not
available for purchasing ebook on the Platform currently.
Payment made by credit card or any other mode
as mentioned above should be received by us on time. If for any reason we do
not receive payment from the credit card issuer or any agent involved in any of
the above payment modes, You agree that you shall pay all amounts due upon
demand by us.
All Sales Final;
Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are
final. We do not accept returns of eBooks. Once you have purchased eBooks, we
encourage you to download it promptly. If you are unable to complete a
download, please contact customer service within
30 days of the payment. The ebook will be removed from your library and the
amount that was charged during the payment will be refunded in the form of
store credit. The eBooks will also be replaced in cases of genuine technical
errors as mentioned in the replacement policy.
You bear all risk of loss after purchase and for
any loss of eBooks you have downloaded, including any loss due to a computer or
hard drive crash. We may, from time to time, at our sole discretion remove
eBooks from the Service without notice.
Intellectual Property Rights: It is hereby
specifically recorded that the copyright and other Intellectual Property in the
ebook available on the Platform is the sole and exclusive property of third
parties. We are authorised by such third parties to upload the ebook on the
Platform for license of use to the end customers. Intellectual Property Rights
for the purpose of this Agreement 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, 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 Rsgroup . as the owner of such
domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User 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.
Your request to download an ebook is personal
to you, and the ebook may not be used, sold, rented, transferred, licensed or
otherwise provided to any other user. The license to downloaded eBooks includes
only those rights explicitly stated herein (typically, the right to read the
ebook in Flyte eBooks Application), and, for the avoidance of doubt, does not
include the right to create a derivative work, to make copies, or to use the
ebook in any commercial manner. You shall promptly notify us in writing upon
your discovery of any unauthorized use or infringement.
Software: We may make available to you, from
time to time, software or updates for your use in connection with the download
of eBooks (any and all such software, individually and collectively, the
"Software").
You may use the Software only in connection
with the download of eBooks on the Platform. You may not separate any
individual component of the Software for use other than in connection to the
download, may not incorporate any portion of it into Your own programs or
compile any portion of it in combination with your own programs, may not
transfer it for use with another service, or use it, or any portion of it, over
a network and may not sell, rent, lease, lend, loan, distribute or sub-license
the Software or otherwise assign any rights to the Software in whole or in part.
We may discontinue some or all of any Software we provide, and we may terminate
your right to use any Software at any time and in such event may modify it to
make it inoperable.
Without limiting the Disclaimer of Warranties
and Limitation of Liability in this terms of use, in no event shall our or our
and/or our Digital Content providers' total liability to You for all damages
arising from your use of the Service, the Digital Content, or information,
materials or products included on or otherwise made available to You through
the Service (excluding the Software), exceed the amount You paid to purchase,
on the Service, the Digital Content related to Your claim for damages.
Digital Content: Rsgroup
Ideas
1. These Terms of Service (�Terms�) govern your
access to and use of Rsgroup Ideas (hereinafter referred to as �Content�). By
viewing the Contents you agree to be bound by these Terms. Content posted on
the Platform is public and can be viewed by everyone who can see the Page.
2. Rsgroup is hosting the Content generated by
third party users (�Content Owner�), within the FK Platform for convenience of
Platform Users, and as such, Rsgroup has no ownership or control whatsoever in
the Contents displayed. The Contents posted by the Content Owners are of
personal views wherein Rsgroup plays no role in creating/developing the
Content. You are responsible for your use of the Platform for viewing the
Content.
3. By hosting the Content on the Platform, Rsgroup
is neither guaranteeing nor giving any warranty nor making any representation
with respect to the Contents. Rsgroup is neither endorsing the views, products
or the Services, nor is it responsible for quality or features of the content
displayed on the Platform.
4. Any information on the Platform, whether the
content or any other information, have not been verified by Rsgroup, therefore,
Rsgroup shall not be responsible for any such content or information. Rsgroup
will not bear any obligation or liability if You rely on the Contents.
5. If You choose to view or rely, Rsgroup will
neither be a party to nor in any manner concerned with the same nor be liable
or responsible for any act or omission of the Content Owner.
6. You hereby acknowledge that the Contents are
created and owned by Content Owners who own all the rights including the
copyrights in the contents. The Contents are available on the Platform for
personal use only and you shall not use it for any commercial, promotional,
resale or further distribution purposes.
7. Any use or reliance on any Content or
materials obtained by you through the Content is at your own risk. We do not
endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Content or communications posted on the
Platform or endorse any opinions expressed via the contents. You understand
that by using the Platform, you may be exposed to Content that might be
offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Content is
the sole responsibility of the person who originated such Content. Rsgroup may
not monitor or control the Content posted on the Platform and, we do not take
responsibility for such Content.
8. We reserve the right to remove Content that
violates the Terms of Use, including for example, copyright or trademark
violations, impersonation, unlawful conduct, or harassment.
9. If you see an offensive, abusive, or any
unlawful content on the Platform, you can report it to ideas-support@rsgroup.com
10. You may find content that offends you or that
you simply don�t like, but that doesn�t violate the content guidelines. If that
happens, you can unfollow the user who posted it or hide the post
11. Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an �AS IS� and �AS AVAILABLE� basis. Rsgroup makes no
warranty or representation and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security or reliability
of any Content; (ii) any harm to your computer system, loss of data, or other
harm that results from your access to or use of any Content; (iii) the deletion
of, or the failure to store or to transmit, any Content and other
communications maintained by the Services; and (iv) whether the Services will
meet your requirements or be available on an uninterrupted, secure, or
error-free basis. No advice or information, whether oral or written, obtained
through the Content, will create any warranty or representation not expressly
made herein.
12. By using the Services you agree that Rsgroup,
its parents, affiliates, related companies, officers, directors, employees,
agents representatives, partners and licensors, liability is limited to the
maximum extent permissible by Law.
13. We may revise these Terms from time to time.
Digital Content: Rsgroup
Video
1.
These Terms of Service
("Terms") govern your access to and use of Rsgroup Video which is an
online over-the-top platform providing users with live and/or on-demand audio
and video content of various genres which may be offered by either Rsgroup or
by third party content providers (all such content, collectively, the
"Content").
2.
The Content is being
hosted on Rsgroup mobile App only ("Platform"), that is owned and
operated by Rsgroup . ("Rsgroup", "We" or "Our").
3. This document sets out the terms and
conditions in connection with your use of the Platform and, subsequently, your
access to and/or consumption of the Content and/or other related services
provided on the Platform (all such content and services, collectively,
"Services" and such terms and conditions,
the "Terms" ).
4.
Use of Rsgroup
Services is available only to persons who can form a legally binding contract
under the Indian Contract Act, 1872.You must be 18 years of age, to avail the
Services. Minors may only use the service under the supervision of an adult.
Some content offered on the Platform may not be appropriate for viewership by
minors. Accordingly, parents and/or the guardians of such children or minors
are advised to exercise discretion before allowing their children or minors to
access such content on the Platform.
5.
All the Content being
offered to the users on the Platform shall be, for the convenience of the
users, free of cost, or at such other terms as may be offered by Rsgroup or the
Content Providers with respect to any Content from time to time, and such other
terms shall be communicated to the user at the time of viewing such Content
and/or at the time of registering with the Platform. Subject to you accepting
these Terms and any other terms as may be communicated to you from time to
time, you are given a limited, non-exclusive, non-transferable,
non-sub-licensable, revocable permission to view the Platform and avail the
Services during the subsistence of your account with Rsgroup and no right,
title or interest in any Content will be deemed transferred to you.
6. The Platform is an interactive online platform
for the users to view the Content of various genres, which may either be
offered by Rsgroup or third party content providers. As regards third party
audio-video content generated by third parties (such content, the
" Third Party Content" and such content providers, the
" Content Owners"), the Platform offers you such Third Party
Content by providing hosting services to Content Owners displaying their
content and/or by allowing their content to be viewed by you on the Platform by
integrating services and application of other audio-video hosting, caching
and/or streaming service or infrastructure providers (" Platform
Partners") who may have content procurement arrangements with the Content
Owners The Platform may also provide content which is commissioned by Rsgroup
and/or is procured by Rsgroup either under a license or copyright agreement
(such content, " Rsgroup Originals").
7.
Content will therefore
consist of Rsgroup Originals or Third Party Content. Content Owners and/or
Platform Partners will provide Third Party Content. Specifically, for more
information in relation to Third Party Content (including the terms of use
relating specifically to Third Partner Content), you may refer to their
respective terms and conditions. As such, Rsgroup has no ownership or control
whatsoever on Third Party Content, whether it is uploaded or streamed by
Content Owners or by the Platform Partners. Rsgroup plays no role in
creating/developing Third Party Content.
8.
As regards all the
news content which are also Third Party Content through the Platform Partners, Rsgroup's
role is strictly limited to providing a uniform resource locator (URL) or a
web-address to access and/or share such content on the Internet with the users
and all news content is provided, uploaded, streamed and/or hosted by Content
Owners, the Platform Partners and/or their respective agents or service providers.
For avoidance of doubt, it is clarified that Rsgroup will not be hosting,
uploading or streaming any news content on its servers or IT systems. Rsgroup
will not be exercising any control � physical, editorial or digital - over the
news Content being viewed by or provided to the user on the Platform. Rsgroup
will only be providing the user with an option and/or a medium to access news
content through the Platform which, in turn, will provide the Content Providers
and/or the Platform Partners an opportunity to disseminate their content on the
Platform. The news Content on the Platform is directly uploaded or streamed
onto the Platform by Platform Partners who avail of Rsgroup's communication
platform, without any intervention from Rsgroup in the content procurement/uploading/streaming/transmission
process. Rsgroup's role is that of an 'intermediary' as defined under the
Information Technology Act, 2000 and the rules thereunder, with regard to the
news Content. Being an intermediary, Rsgroup has no responsibility and/or
liability in respect of any news Content on the Platform, including for
intellectual property rights infringement, defamation, obscenity or any other
violation under applicable law.
9.
Irrespective of
whether the Content is a Third Party Content or a Rsgroup Original, you, at all
times, are responsible for your use of the Platform and for viewing any Content
and Rsgroup shall have no liability with respect to any loss or damage caused
by viewing or relying on the Content. By hosting Rsgroup Originals on the
Platform and by permitting the hosting, uploading or streaming of Third Party
Content on the Platform, Rsgroup will neither guaranteeing nor giving any
warranty nor making any representation with respect to the Contents. The
Content provided on the Platform is for entertainment or information purposes
only and Rsgroup will neither be endorsing the views, products or the services
being depicted or offered as part of the Content, nor will Rsgroup be
responsible for quality or features of the Content displayed on the Platform.
Unless expressly stated otherwise, all characters, themes and events depicted
in Rsgroup Originals are entirely fictitious and any similarity to actual
events or persons, living or dead, is purely coincidental, unintentional or
accidental.
10.
Third Party Content
will be made available to you through different modes, including via
video-on-demand or on a live streaming basis, depending on the nature of the
content and at the discretion of the Content Owners and/or Platform Partners. Rsgroup
Originals will be provided to you through different modes as well as the
discretion of Rsgroup. You may choose to view any Content at your discretion at
a time chosen by you and by accepting these Terms and any other terms relating
to such Content.
11.
Please note that the
availability of, and your ability to access, the Content or some part of the
Services, (a) is subject to applicable law and the contractual arrangements
between Rsgroup and the Content Owners and/or Platform Partners; and (b) may be
dependent upon your geographical location, your Internet/data connectivity or
your system capabilities or compatibility with the Platform. Not all Content or
Services will be available to all users. On account of the nature of the
Internet/data connectivity and system compatibility, the Platform and the
Services may also be accessed in various geographical locations. You,
therefore, hereby agree and acknowledge that you are accessing the Platform and
availing of the Services, at your own risk, choice and initiative, and you
agree and undertake to ensure that your use of the Platform and the Services
complies with all applicable laws including the local laws in your
jurisdiction. Further, you agree and acknowledge that the Services and Content
may vary from place to place, time to time and device to device and the quality
and the quantity of your access to the Content or the use of the Platform or
availing of the Services would be subject to various parameters such as
specifications, device, Internet availability and speed, bandwidth, etc.
12.
Any information on the
Platform, whether the Content or any other information (other than Rsgroup
Original), have not been verified by Rsgroup, and therefore, Rsgroup shall not
be responsible for any such Third Party Content or information. Rsgroup will
not bear any obligation or liability if You rely on the Contents or information
and any loss or liability has been incurred by you arising from such Third
Party Content or information.
13.
If you choose to view
or rely on any Third Party Content or information on the Platform, you will be
impliedly accepting the terms of viewing or relying on such Third Party Content
or information, as offered by the Content Providers and/or the Platform
Partners, and Rsgroup will neither be a party to such an arrangement nor will
it in any manner be concerned with such an arrangement nor will Rsgroup be
liable or responsible for any act or omission of the Content Owner and/or the
Platform Partners.
14.
You hereby acknowledge
that the Third Party Content is created and owned by the Content Owners who own
all the rights including the copyrights with respect to such content. The
Content is available on the Platform for personal and non-commercial use only
and you shall not use it for any commercial, promotional, resale, further
distribution or any other unauthorized purposes. You agree not to use the
service for public performances.
15.
You further
acknowledge that all the intellectual property rights contained in (a) the Rsgroup
Originals are solely owned by Rsgroup and (b) in the Third Party Content are
solely owned by the Content Owners or licensed to the Platform Partners. During
the term of your Rsgroup membership we grant you a limited, non-exclusive,
non-transferable, revocable right to access the Platform and view the Content.
Except for the foregoing, no right, title or interest shall be transferred to
you in any Content or the Platform.
16.
We can terminate your
account or place your account on hold in order to protect our or the interests
of the Content Owners or of the Platform Partners, from an actual, probable or
suspected theft, loss, damage or other fraudulent activity. Rsgroup reserves
the right to immediately terminate, suspend, limit, or restrict your access or
use of the Platform and/or the Services, at any time, without any notice or
liability, if Rsgroup so determines, in its sole discretion, for any reason
whatsoever, including that you have: (a) breached these Terms or the Privacy
Policy; or (b) violated any applicable law, rule, or regulation; or (c) you
have engaged in any inappropriate or unlawful conduct; or (d) provided any
false or inaccurate information; or (e) for any other reason that Rsgroup deems
fit in its sole discretion.
17.
Any use or reliance on
any Content or materials obtained by you through the Platform is at your own
risk. We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted
on the Platform or endorse any opinions expressed via the Contents. You
understand that by using the Platform, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Third Party
Content is the sole responsibility of the Content Owners who originated such
content or it is the responsibility of the Platform Partners who host, upload
and/or stream such Third Party Content. Rsgroup may not monitor or control the
Content posted, uploaded and/or streamed on the Platform by the Content Owners,
the Platform Partners and/or their respective agents or affiliates, and, we do
not take responsibility or liability for any such content.
18.
We reserve the right
to remove any Content or the user data that violates these Terms or the
applicable law, including for example, copyright or trademark violations,
impersonation, unlawful conduct, or harassment. With respect to Third Party
Content, Rsgroup's role is limited to providing a communication platform to
Content Owners and/or Platform Partners, to enable the transmission of the
Third Party Content directly from such third parties to you.
19.
Personal Information;
We may use information such as device ID, location or an account email address
used with an existing Rsgroup account to determine eligibility and any offers
therof. We may share personal information with our other corporate entities and
Platform Partners only for the purposes of giving enhanced customer services.
20.
Service Interruptions:
You hereby consent to sharing your information with third parties unless you
specifically opt out. In addition, your access to the Services and the Platform
may also be occasionally suspended or restricted to allow for repairs,
maintenance, or the introduction of new facilities or services at any time
without prior notice. We will attempt to limit the frequency and duration of
any such suspension or restrictions.
21.
If you see an
offensive, abusive, or any unlawful content on the Platform, you can report it
to customer care of Rsgroup.
22.
Disclaimer of
representations and warranties: Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an "AS IS" or "AS AVAILABLE" basis. Rsgroup
makes no warranty or representation and disclaim all responsibility and
liability for: (i) the completeness, accuracy, availability, timeliness,
security, security and non-compatibility or reliability of any Content; (ii)
any harm to your computer system, loss of data, or other harm that results from
your access to or use of any Content; (iii) the deletion of, or the failure to
store or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained through the Content, will create
any warranty or representation not expressly made herein or therein.
23.
Limitation of
liability: By using the Services, you agree that the liability of Rsgroup, its
parents, affiliates, related companies, officers, directors, employees, agents,
representatives, partners and licensors, shall be limited to the maximum extent
permissible by applicable law. In no case shall Rsgroup, its directors,
officers, employees, affiliates, agents, contractors, principals, or licensors
be liable for any direct, indirect, incidental, punitive, special, or
consequential damages arising from your use of the Services or any Content or
for any other claim related in any way to your access to the Platform and/or
use of the Services, including, but not limited to, any errors or omissions in
any Content or information on the Platform, or any loss or damage of any kind
incurred as a result of the use of the Services and/or reliance on any Content
or information on the Platform.
24. Indemnification: You shall defend, indemnify
and hold harmless Rsgroup its owners, affiliates, subsidiaries, group
companies, partners (as applicable), and their respective officers, directors,
agents, and employees (" Indemnified Parties"), from and against
any claim, demand, damages, obligations, penalty, losses or actions (including
reasonable attorneys' fees) made by any third party against the Indemnified Parties
or imposed against the Indemnified Parties, due to or arising out of your or
your affiliate's or relative's: (a) breach of these Terms, the Privacy Policy
and/or any other policies; or (b) violation of any applicable law, rules,
regulations; or (c) violation of the rights (including infringement of
intellectual property rights) of a third party or Rsgroup; or (d) unauthorized,
improper, illegal or wrongful use of your Rsgroup account (including by you or
by any person, including a third party, whether or not authorized or permitted
by you). This indemnification obligation will survive the expiry or termination
of these Terms and/or your use of the Service.
25.
Force Majeure: You
agree that Rsgroup shall be under no liability whatsoever to you in the event of
non-availability of the Platform and/or any of the Services or any portion
thereof, occasioned by an Act of God, war, disease, revolution, riot, civil
commotion, strike, lockout, flood, fire, satellite failure, failure of any
public utility, man-made disaster, satellite failure or any other cause
whatsoever beyond the control of Rsgroup (including any event which is caused
by the failure or non-performance on the part of the Content Owners or the
Platform Partners).
26.
Governing laws: These
Terms shall be governed, interpreted, and construed in accordance with the laws
of India, without regard to the conflict of law provisions and for resolution
of any dispute arising out of your use of the Services or in relation to these
Terms. Notwithstanding the foregoing, you agree that (i) Rsgroup has the right
to bring any proceedings before any court/forum of competent jurisdiction and
you irrevocably submit to the jurisdiction of such courts or forum; and (ii)
any proceeding brought by you shall be exclusively before the courts in Kanpur,
India.
27.
Severability: If any
provision of these Terms is held invalid, void, or unenforceable, then that
provision shall be considered severable from the remaining provisions, and the
remaining provisions shall be given full force and effect.
28.
Amendments: We may
revise these Terms from time to time, without prior notice to you, to update,
revise, supplement, and otherwise modify these Terms and to impose new or
additional rules, policies, terms, or conditions on your use of the Service.
Any updates, revisions, supplements, modifications, and additional rules,
policies, terms, and conditions will be posted on the Platform and will be
effective immediately after such posting and we recommend that you periodically
check these Terms on the Platform for such revised terms. Your continued use of
the Services and/or the Platform will be deemed to constitute your acceptance
of any and all such revised terms.
29.
Entire agreement:
These Terms, the Privacy Policy and any other terms or policies as may be
prescribed by Rsgroup from time to time, constitute the entire agreement
between you and Rsgroup, which will govern your use of or access to the
Services and/or the Platform, superseding any prior agreements between you and Rsgroup
regarding such use or access.
30.
Survival: You
acknowledge that your representations, undertakings, and warranties and the
clauses relating to indemnities, limitation of liability, grant of license,
governing law shall survive the efflux of time and the termination of these
Terms (including but not limited to Clauses 22 to 30 of these Terms).
Indemnity
You shall indemnify and hold harmless Rsgroup,
its owner, licensee, affiliates, subsidiaries, group companies (as applicable)
and their respective officers, directors, agents, and employees, from any claim
or demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of Your breach of this Terms of
Use, privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
Applicable Law
Terms of Use shall be governed by and
interpreted and construed in accordance with the laws of India. The place of
jurisdiction shall be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise specified, the material on
the Platform is presented solely for the purpose of sale in India. Rsgroup make
no representation that materials in the Platform are appropriate or available
for use in other locations/Countries other than India. Those who choose to
access this site from other locations/Countries other than India do so on their
own initiative and Rsgroup is not responsible for supply of products/refund for
the products ordered from other locations/Countries other than India,
compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright
and Restriction
This site is controlled and operated by Rsgroup
and products are sold by respective Sellers. All material on this site,
including images, illustrations, audio clips, and video clips, are protected by
copyrights, trademarks, and other intellectual property rights. Material on
Platform is solely for Your personal, non-commercial use. You must not copy,
reproduce, republish, upload, post, transmit or distribute such material in any
way, including by email or other electronic means and whether directly or
indirectly and You must not assist any other person to do so. Without the prior
written consent of the owner, modification of the materials, use of the
materials on any other Platform or networked computer environment or use of the
materials for any purpose other than personal, non-commercial use is a
violation of the copyrights, trademarks and other proprietary rights, and is
prohibited. Any use for which You receive any remuneration, whether in money or
otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
Rsgroup respects the intellectual property of
others. In case You feel that Your Trademark has been infringed, You can write
to Rsgroup at infringement@rsgroup.com or ss@rsgroup.com.
Product Description
Rsgroup we do not warrant that Product
description or other content of this Platform is accurate, complete, reliable,
current, or error-free and assumes no liability in this regard.
Limitation of
Liability
IN NO EVENT SHALL RSGROUP BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN
CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE
OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for any questions or
comments (including all inquiries unrelated to copyright infringement)
regarding this Platform.
Grievance officer
In accordance with Information Technology Act
2000 and rules made there under and the Consumer Protection (E-Commerce) Rules,
2020, the name and contact details of the Grievance Officer are provided below:
Mr. Sagar Gupta
Rsgroup
plot no.12, Arazi no.2,
Gangpur Chakwada,
mainawati road,Singhpur,
Kanpur District, Uttar pradesh : 208017, India
contact us
Email: grs548291@gmail.com
Phone: 6391111070
Time: Mon - Sat (9:00 - 18:00)
POLICIES
Profanity Policy
Rsgroup prohibits the use of language that is
racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings,
on Seller pages and all other areas of the site that another User may view. If
the profane words are part of a title for the item being sold, we allow Sellers
to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or
f***).
Please report any violations of this policy to
the correct area for review:
�
Report offensive
Display Names
�
Report offensive
language in a listing or otherwise
If a feedback comment; or any communication
made between Users on the Platform; or email communication between Users in
relation to transactions conducted on Platform contain profanity, please review
Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the
indefinite suspension of a User's account, temporary suspension, or a formal
warning.
Rsgroup will consider the circumstances of an
alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a
range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
Rsgroup shall have the right to delete a
product review posted by the customer at its sole discretion, if it is of the
opinion that the review contains offensive language as stated above. Further,
if Rsgroup is of the opinion that the review unfairly either: (i) causes
disadvantage to a product; or (ii) increases the popularity of the product, Rsgroup
shall have the right to delete the customer review. Rsgroup shall also, at its
sole discretion have the right to blacklist the customer from posting any
further customer reviews.
Replacement Guarantee*
The Replacement Guarantee seeks to assist
Buyers who have been defrauded by qualified sellers on the Platform. If at the
time of delivery and/or within specified days from the date of delivery of the
product/s, if any defect is found, then the buyer of the product/s can ask for
replacement of the product/s from the seller.
If Rsgroup has suspicion or
knowledge, that any of its buyers and sellers are involved in any activity that
is intended to provide claims or information that is false, misleading or not
genuine, then Rsgroup may while reserving its rights to initiate civil and/or
criminal
proceedings against User may also at its sole
discretion suspend, block, restrict, cancel the Display Name of such buyer and
seller and /or disqualify that User and any related Users from availing
protection through this program.
Rsgroup reserves its right to initiate civil
and/or criminal proceedings against a User who, files a invalid and/or false
claims or provides false, incomplete, or misleading information. In addition to
the legal proceedings as aforesaid, Rsgroup may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such User and/or disqualify that User and any related Users from availing
protection through this program. Any person who, knowingly and with intent to
injure, defraud or deceive, 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 more details related to Replacement
Policy, refer to s/help/cancellation-returns
Returns Policy
Definition: 'Return' is defined as the action
of giving back the item purchased by the Buyer to the Seller on the Rsgroup
Platform. Following situations may arise:
1.
Item was defective
2.
Item was damaged
during the Shipping
3.
Products was / were
missing
4.
Wrong item was sent by
the Seller.
Return could also result in refund of money in
most of the cases.
Points to be noted:
1. Seller can always accept the return
irrespective of the policy.
2. If Seller disagrees a return request, Buyer
can file a dispute under the Buyer Protection Program*.
We encourage the Buyer to review the listing
before making the purchase decision. In case Buyer orders a wrong item, Buyer
shall not be entitled to any return/refund.
Buyer needs to raise the return request within
the return period applicable to the respective product.Once Buyer has raised a
return request by contacting Us on Our Toll Free Number, Seller while closing
the return ticket can select one of the following:
1.
Replace after shipment
collection - Seller has agreed to wait for the logistics team to collect the
shipment from the buyer before replacing it)
2.
Refund after shipment
collection - Seller has agreed to wait for the logistics team to collect the
shipment from the buyer before refunding)
3.
Refund without
shipment collection - Seller has agreed to refund the buyer without expecting
the original shipment back)
4.
Replace without
shipment collection - Seller has agreed to replace the order without expecting
the original shipment back)
5.
On certain select days
as specified by Rsgroup (such as 'The Big Billion Day') separate policies may
be applicable.
In the event the Seller accepts the return
request raised by the Buyer, Buyer will have to return the product and then the
refund shall be credited to the Buyers account.
In case the Seller doesn't close the ticket in
3 days from the date of intimation to the Seller about the refund request, the
refund request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the
Seller of the product, the following parameters needs to be ensured by the
Buyer:
Category |
Condition |
Electronics |
Should be included |
Clothing and Footwear |
Should be "New & Unworn"
(other than for trial) |
Beauty, Health & Personal Care |
Should be "New & Unopened" |
Sports & Equipment |
Should be "New" and returned with
original packaging |
Office Products |
Should be "New" and returned with
original packaging |
Jewellery |
Should be "New" and returned with
original packaging |
If the product being returned is not in
accordance with the above parameters, then Buyer shall not be entitled to any
refund of money from the Seller.
Shipping cost for returning the product shall
be borne and incurred by the Seller.
Replacement
Definition: Replacement is the action or
process of replacing something in place of another. A Buyer can request for
replacement whenever he is not happy with the item, reason being Damaged in
shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
1. Seller can always accept the return
irrespective of the policy.
2. If Seller disagrees for a return request,
Buyer can file a dispute under Buyer Protection Program*.
Buyer needs to raise the replacement request
within the return period applicable to the respective product. Once Buyer has
raised a replacement request by contacting Us on the Toll Free Number provided
on the Platform. Once the replacement request has been raised, the following
steps shall be followed:
1.
Buyer is asked for
"Reason for Return". Among others, the following are the leading
reasons:
2.
Shipping was damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6.
Wrong item sent
7.
An intimation shall be
provided to Seller seeking either "approval" or "rejection"
of the replacement request.
8.
In case the Seller
accepts the replacement request, Buyer shall be required to return the product
to the Seller and only after return of the product, Seller shall be obliged to
provide the replacement product to the Buyer.
9.
Incase Seller rejects
the replacement request, Buyer can choose to raise a dispute by writing
to https://www.rsgroup21.com/helpcentre.
In case the Seller doesn't have the product at
all, Seller can provide the refund to the Buyer and 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.
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, refund shall be processed in favour of Buyer and Seller
shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges
shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly
on Rsgroup. However there may be some cases where both the Buyers and Sellers
may face issues. At Rsgroup, we have a Dispute Resolution process in order to
resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement
between a Buyer and a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a
disagreement between the Buyer and the Seller. Disputes arise out of an issue
that is raised by either party not being completely satisfied with the
resolution of their complaint/issue.
It is important that before a Buyer/Seller
raises a dispute, they should attempt to solve the issue. Please note that
whenever a Buyer raises a dispute, the Seller's payment for that order is put
on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a
disagreement, the Buyer can contact us through this link https://www.rsgroup21.com/helpcentre ,
while the Seller can write to ss@rsgroup.com, in order to raise a dispute.
Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of
potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or Seal broken on Product
4. Part/Accessory missing
5. Item not Compatible
6. Seller Description/Specification Wrong
7. Defective (Functional issues)
8. Product not working and Manufacturer claims
invalid Invoice
In case the Seller rejects the return request
of the Buyer, and Buyer raises a dispute, then Rsgroup will try to mediate and
resolve the dispute between both the parties. If the dispute is resolved in
favour of the Buyer, a refund is provided once the product is returned to the
Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to
any refund.
Buyer Protection Program
In case of a dispute where the Seller is
unable to provide a refund or a replacement, Rsgroup will actively work towards
reaching a resolution.
The Buyer Protection Program covers Buyers who
are unable to successfully resolve their dispute with the Seller or are not
satisfied the resolution provided by the Seller.
The buyer can contact
us through this link https://www.rsgroup21.com/helpcentre ,if
the issue with the Seller is not resolved. Rsgroup's Customer Support team will
look into the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Platform. Only after verifying
these facts, a dispute can be registered.
CS team will not facilitate a conference call,
CS team acts as the bridge between customer and seller.
When a dispute has been raised, Rsgroup may
provide both the parties access to each others Display Names, contact details
including email addresses and other details pertaining to the dispute. Buyers
and Sellers are subject to final consent from Rsgroup for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product
on Rsgroup are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from
the date of delivery of the product
Any damage or loss to the product after
delivery will not be covered under this program and will completely be the
Buyer's responsibility. Buyers should refuse to accept delivery if the item is
damaged.
To be able to take
advantage of the Buyer Protection Program, Buyers should first contact the
Seller and attempt to resolve the issue. If the Buyer doesn't hear from the
Seller or is unable to resolve the issue with the Seller even after contact, a
dispute can be raised with Rsgroup by writing an email to https://www.rsgroup21.com/helpcentre
Fraudulent charges and claims are not covered
under Buyer Protection Program
If the Buyer has already initiated chargeback
through the credit card issuing bank, it will not be covered under Buyer
Protection Program, though in such cases a Seller can file a claim through the
Seller Protection Program.
Blacklisted and Blocked Buyers are not covered
by the Buyer Protection Program.
Buyers who have reached their maximum lifetime
limit for claims are also not eligible. Buyers can make a maximum of 5 claims
per year on Rsgroup. If the claim was withdrawn, it is not counted. The
coverage amount will be limited to ₹50,000
Through the Buyer Protection program, Rsgroup
does not provide any guarantee/warranty to Buyers for products sold on Rsgroup
against technical/manufacturing defects.
Raising disputes against Sellers does not
automatically entitle the Buyer to a refund or replacement for the product
purchased. Rsgroup shall verify the disputes so raised and may process only
such claims that are valid and genuine.
Rsgroup shall at no point be responsible for
any direct or indirect losses, expenses, costs of any nature whatsoever that
may be incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e.
instances where products are bought by the Buyer by mistake or where the Buyer
chooses to change his/her mind with regard to the product purchased by him)
will not be entertained through this program.
Rsgroup 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, Rsgroup may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such User and/or disqualify that user and any related users from availing
protection through this program.
Decisions made by Rsgroup under the Buyer
Protection Program shall be final and binding on its Users.
Rsgroup reserves the right to modify /
discontinue Buyer Protection Program without any prior notice period to its
Users.
Through this program, Rsgroup shall not
entertain claims of Buyers who have incurred loss due to delayed shipment or
delivery of the item by the Seller.
Rsgroup Customer Support Team may seek
additional information / clarification from Buyer to facilitate resolution of
the dispute. In the event Buyer does not respond with information /
clarification sought within 10 days of such request, the dispute shall be
auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a
payment gateway/bank, following situations may arise:
1.
Item not received CB -
Buyer hasn't received the item. Refund will be created in accordance with the
dispute policies
2.
Unauthorized CB -
Buyer hasn't made this particular transaction. Refund will be created in
accordance with the dispute policies.
Seller expressly agrees that issuing the
correct and complete invoice is the sole and primary responsibility of the
Seller. Furthermore, Seller shall ensure that invoices state "Powered by Rsgroup"
and failing to do so Seller will be liable for chargebacks (as applicable).
1. Item not as described - meaning item is not
what Buyer expected. Dispute will be decided in accordance with the dispute
policies.
Email Abuse & Threat Policy
Private communication, including email
correspondence, is not regulated by Rsgroup. Rsgroup encourages its Users to be
professional, courteous and respectful when communicating by email.
However, Rsgroup will investigate and can take
action on certain types of unwanted emails that violate Rsgroup policies.
Such instances:
Threats of Bodily Harm - Rsgroup does not
permit Users to send explicit threats of bodily harm.
Misuse of Rsgroup System - Rsgroup allows
Users to facilitate transactions through the Rsgroup system, but will
investigate any misuse of this service.
Spoof (Fake) email - Rsgroup 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 'Contact
Us' tab.
Spam (Unsolicited Commercial email) - Rsgroup's
spam policy applies only to unsolicited commercial messages sent by Rsgroup
Users. Rsgroup Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Rsgroup - Rsgroup
prohibits email offers to buy or sell listed products outside of the Rsgroup
Platform. Offers of this nature are a potential fraud risk for both Buyers and
Sellers.
Rsgroup policy prohibits user-to-user threats
of physical harm via any method including, phone, email and on Our public
message boards.
Violations of this policy may result in a
range of actions, including:
�
Limits on account
privileges
�
Account suspension
�
Cancellation of
listings
�
Loss of special status
Other Businesses
Rsgroup does not take responsibility or
liability for the actions, products, content and services on the Platform,
which are linked to Affiliates and / or third party Platforms using Platform's
APIs or otherwise. In addition, the Platform may provide links to the third
party Platforms of Our affiliated companies and certain other businesses for
which, Rsgroup assumes no responsibility for examining or evaluating the
products and services offered by them. Rsgroup do not warrant the offerings of,
any of these businesses or individuals or the content of such third party
Platform(s). Rsgroup does not endorse, in any way, any third party Platform(s)
or content thereof.
Rsgroup Infringement Verification (FIV) -
Reporting Listing Violations
Rsgroup has put in place Rsgroup Infringement
Verification process so that intellectual property owners could easily report
listings that infringe their rights. It is in Rsgroup's interest to ensure that
infringing products are removed from the site, as they erode Buyer and good
Seller trust.
�
If you are a Verified
Rights Owner and want to report a listing issue, see Rsgroup's FIV. Note: Only
the intellectual property rights owner can report potentially infringing
products or listings through FIV. If you are not the intellectual property
rights owner, you can still help by getting in touch with the rights owner and
encouraging them to contact us.
�
If your listing was
removed through FIV, and you believe that your listing was removed in error,
please contact us.
Rsgroup does not and cannot verify that
Sellers have the right or ability to sell or distribute their listed products.
However, Rsgroup is committed to removing infringing or unlicensed products
once an authorized representative of the rights owner properly reports them to Rsgroup.
FIV works to ensure that item listings do not
infringe upon the copyright, trademark or other intellectual property rights of
third parties. FIV participants have the ability to identify and request
removal of allegedly infringing products and materials.
Any person or company who holds intellectual
property rights (such as a copyright, trademark or patent) which may be
infringed upon by products listed on Rsgroup is encouraged to become a FIV
member.
Program membership entitles you (Verified
Rights Owner) to the following benefits:
�
Rapid response by Rsgroup
in ending listings reported by you (as the Verified Rights Owner) as allegedly
infringing
�
Dedicated priority
email queues for reporting alleged infringements
�
The ability to obtain
identifying information about Rsgroup's users'
How to Become a FIV Member
To join the FIV, we require only that you
fully complete and email Us a Notice of Infringement form specifying the
allegedly infringing listings and the infringed work, complete with an original
authorized signature. The information requested by the Notice of Infringement
is designed to ensure that parties reporting products are authorized by the
rights owners, and to enable Rsgroup to easily identify the material or listing
to be ended.
In the interest of keeping the process easy
and simple, after we receive your first Notice of Infringement in hard copy,
future notices can be sent to Us by email at ss@rsgroup.com.
Note: In your notice of infringement, you
shall be required to identify the individual listing which is infringing your
intellectual property. General notices shall not be accepted.
We are happy to receive such information, but
must advise that we may be limited in Our ability to respond to your request
absent formal notice from an authorized rights owner.
Notice of Infringement
Rsgroup .
_______________________
_______________________
I, [name] ____________________________ of
[address] _________________________ do solemnly and sincerely declare as
follows:
1. I am the owner of certain intellectual
property rights, said owner being named __________________ ("IP
Owner").
2. I have a good faith belief that the item
listings or materials identified in the annexure attached hereto are not
authorised by the above IP Owner, its agent, or the law and therefore infringe
the IP Owner's rights. Please expeditiously remove or disable access to the
material or products claimed to be infringing.
3. I may be contacted at:
Name
___________________________________________________________
Title & Company
________________________________________________________
Address
_________________________________________________________
Email (correspondence)
___________________________________________________
Telephone/Fax
_____________________________________________________________
Date _________________________________________________________________
and I make this declaration conscientiously
believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________
in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings,
Products, or Materials
A Note on Reason Codes: When identifying item
numbers please use the reasons below. When removing products from the site, Rsgroup
will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please
associate each item you report with only one reason code.
Trademark-infringement
1. Trademark owner doesn't make this type of
product or has discontinued the production of the product
2. Item(s) is an unlawful replica of a product
made by the trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has unlawful comparison to
trademark owner's brand or product
2. Listing(s) contains unlawful use of trademark
owner's logo
Copyright-item infringement
1. Software is being offered without any license
or in violation of a license
2. Item(s) is a bootleg recording;
3. Item(s) is an unlawful copy (software, games,
movies, etc.);
4. Item(s) is unlawful duplication of printed material
5. Item(s) is an unlawful copy of other
copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s) comprises unauthorized copy of
copyrighted text
2. Listing(s) comprises unauthorized copy of
copyrighted image
3. Listing(s) comprises unauthorized copy of
copyrighted image and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s): ___________________________________________________________
Note:
1. Please provide the ownership of Trademark
(Trademark Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the
ownership of copyright.
All such Notices of Infringement shall be sent
to infringement@rsgroup.com; or ss@rsgroup.com.
Contacting the Seller
At Rsgroup we are
committed towards ensuring that disputes between sellers and buyers are settled
amicably by way of the above dispute resolution mechanisms and procedures.
However, in the event that a buyer wishes to contact the seller, he/ she may
proceed to do so by accessing the seller related information made available by
the sellers on their product listing pages. Alternatively, the buyers may also
reach out to customer support at 1800 208 9898 or access help center at http_www.rsgroup21.com_helpcentre.
For Buyers from
Maharashtra
Rsgroup Terms of Use
This document is an
electronic record in terms of Information Technology 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 or usage of
domain name [www.rsgroup21.com][www.rsgroup21.com] (�Website�),
including the related mobile site and mobile application (hereinafter referred
to as �Platform�)
The Platform is owned by Rsgroup . a company
incorporated under the Companies Act, 1956 with its registered office at plot no.12, Arazi no.2, gangpur chakwada, Kanpur � 208017, Uttar pradesh, India .
Your use of the
Platform and services and tools are governed by the following terms and
conditions ("Terms of Use") as applicable to the Platform
including the applicable policies which are incorporated herein by way of
reference. If You transact on the Platform, You shall be subject to the policies
that are applicable to the Platform for such transaction. By mere use of the
Platform, You shall be contracting with Rsgroup . and these terms and
conditions including the policies constitute Your binding obligations, with Rsgroup.
For the purpose of these
Terms of Use, wherever the context so
requires "You" or "User" shall mean any
natural or legal person who has agreed to become a buyer on the Platform by
providing Registration Data while registering on the Platform as Registered
User using the computer systems. Rsgroup allows the User to surf the Platform
or making purchases without registering on the Platform. The
term "We", "Us", "Our" shall mean Rsgroup
..
When You use any of the services provided by
Us through the Platform, including but not limited to, (e.g. Product Reviews,
Seller Reviews), You will be subject to the rules, guidelines, policies, terms,
and conditions applicable to such service, and they shall be deemed to be
incorporated into this Terms of Use and shall be considered as part and parcel
of this Terms of Use. We reserve the right, at Our sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any time without any
prior written notice to You. It is Your responsibility to review these Terms of
Use periodically for updates / changes. Your continued use of the Platform
following the posting of changes will mean that You accept and agree to the
revisions. As long as You comply with these Terms of Use, We grant You a
personal, non-exclusive, non-transferable, limited privilege to enter and use
the Platform.
ACCESSING, BROWSING OR
OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND
CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY
BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You
also accept and agree to be bound by Rsgroup Policies ((including but not
limited to Privacy Policy available at Privacy) as amended from time to time.
Membership Eligibility
Transaction on the Platform is available only
to persons who can form legally binding contracts under Indian Contract Act,
1872. Persons who are "incompetent to contract" within the meaning of
the Indian Contract Act, 1872 including un-discharged insolvents etc. are not
eligible to use the Platform. If you are a minor i.e. under the age of 18
years, you may use the Platform or access content on the Platform only under
the supervision and prior consent/ permission of a parent ormlegal guardian.
As a minor if you wish to transact on the
Platform, such transaction on the Platform may be made by your legal guardian
or parents. Rsgroup reserves the right to terminate your membership and / or
refuse to provide you with access to the Platform if it is brought to Rsgroup's
notice or if it is discovered that You are under the age of 18 years and
transacting on the Platform.
Your Account and
Registration Obligations
If You use the Platform, You shall be
responsible for maintaining the confidentiality of your Display Name and
Password and You shall be responsible for all activities that occur under your
Display Name and Password. You agree that if You provide any information that
is untrue, inaccurate, not current or incomplete or We have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the this Terms of Use, We shall have the
right to indefinitely suspend or terminate or block access of your membership
on the Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address
is treated as Your primary identifier on the Platform. It is your
responsibility to ensure that Your mobile phone number and your email address
is up to date on the Platform at all times. You agree to notify Us promptly if
your mobile phone number or e-mail address changes by updating the same on the
Platform through a onetime password verification.
You agree that Rsgroup shall not be liable or
responsible for the activities or consequences of use or misuse of any information
that occurs under your Account in cases, including, where You have failed to
update Your revised mobile phone number and/or e-mail address on the Website
Platform.
If You share or allow others to have access to
Your account on the Platform (�Account�), by creating separate profiles under
Your Account, or otherwise, they will be able to view and access Your Account
information. You shall be solely liable and responsible for all the activities
undertaken under Your Account, and any consequences therefrom.
Communications
When You use the Platform or send emails or
other data, information or communication to us, You agree and understand that
You are communicating with Us through electronic records and You consent to
receive communications via electronic records from Us periodically and as and
when required. We may communicate with you by email or by such other mode of
communication, electronic or otherwise.
Platform for
Transaction and Communication
The Platform is a platform that Users utilize
to meet and interact with one another for their transactions. Rsgroup is not
and cannot be a party to or control in any manner any transaction between the
Platform's Users.
Henceforward:
1. All commercial/contractual terms are offered
by and agreed to between Buyers and Sellers alone. The commercial/contractual
terms include without limitation price, shipping costs, payment methods,
payment terms, date, period and mode of delivery, warranties related to
products and services and after sales services related to products and
services. Rsgroup does not have any control or does not determine or advise or
in any way involve itself in the offering or acceptance of such
commercial/contractual terms between the Buyers and Sellers. All discounts,
offers (including exchange offers) are by the Seller/Brand and not by Rsgroup.
2. Placement of order by a Buyer with Seller on
the Platform is an offer to buy the product(s) in the order by the Buyer to the
Seller and it shall not be construed as Seller's acceptance of Buyer's offer to
buy the product(s) ordered. The Seller retains the right to cancel any such
order placed by the Buyer, at its sole discretion and the Buyer shall be
intimated of the same by way of an email/SMS. Any transaction price paid by
Buyer in case of such cancellation by Seller, shall be refunded to the Buyer.
Further, the Seller may cancel an order wherein the quantities exceed the
typical individual consumption. This applies both to the number of products
ordered within a single order and the placing of several orders for the same
product where the individual orders comprise a quantity that exceeds the
typical individual consumption. What comprises a typical individual's
consumption quantity limit shall be based on various factors and at the sole
discretion of the Seller and may vary from individual to individual.
3. Rsgroup does not make any representation or
Warranty as to specifics (such as quality, value, salability, etc) of the
products or services proposed to be sold or offered to be sold or purchased on
the Platform. Rsgroup does not implicitly or explicitly support or endorse the
sale or purchase of any products or services on the Platform. Rsgroup accepts
no liability for any errors or omissions, whether on behalf of itself or third
parties.
4. Rsgroup is not responsible for any
non-performance or breach of any contract entered into between Buyers and
Sellers. Rsgroup cannot and does not guarantee that the concerned Buyers and/or
Sellers will perform any transaction concluded on the Platform. Rsgroup shall
not and is not required to mediate or resolve any dispute or disagreement
between Buyers and Sellers.
5. Rsgroup does not make any representation or
warranty as to the item-specifics (such as legal title, creditworthiness,
identity, etc) of any of its Users. You are advised to independently verify the
bona fides of any particular User that You choose to deal with on the Platform
and use Your best judgment in that behalf.
6. Rsgroup does not at any point of time during
any transaction between Buyer and Seller on the Platform come into or take
possession of any of the products or services offered by Seller nor does it at
any point gain title to or have any rights or claims over the products or
services offered by Seller to Buyer.
7. At no time shall Rsgroup hold any right, title
or interest over the products nor shall Rsgroup have any obligations or
liabilities in respect of such contract entered into between Buyers and
Sellers. Rsgroup is not responsible for unsatisfactory or delayed performance
of services or damages or delays as a result of products which are out of
stock, unavailable or back ordered.
8. The Platform is only a platform that can be
utilized by Users to reach a larger base to buy and sell products or services. Rsgroup
is only providing a platform for communication and it is agreed that the
contract for sale of any of the products or services shall be a strictly
bipartite contract between the Seller and the Buyer.
At no time shall Rsgroup hold any right, title
or interest over the products nor shall Rsgroup have any obligations or
liabilities in respect of such contract.
Rsgroup is not responsible for unsatisfactory
or delayed performance of services or damages or delays as a result of products
which are out of stock, unavailable or back ordered.
Select products offered by sellers may be
eligible for business purchases on the Platform.
1.
Upon Your purchase of
product(s) eligible for business purchases, You may be able to avail the
benefits of GST input tax credit. Accordingly, at your request, an invoice
containing the GSTIN as provided by You ("Tax Invoice") shall be
issued to You by the Seller(s) selling such products.
o
GST invoice will have,
inter alia, the following details printed on it: -GSTIN associated with your
registered business, as provided by you
o
Entity name of your
registered business, as provided by you
o
Not all products are
eligible for business purchases on the Platform and the same is solely at the
discretion of the Sellers. You will be able to view the eligibility of Tax
Invoice on the product page on the Platform.
o
Purchases on the
Platform must only be for end consumption. Users must not use products
purchased on the Platform for any commercial, promotional, resale or further
distribution purposes.
o
For seamless availment
of input tax credit, kindly mention the delivery address as the address which
is mentioned as the registered place of business as per the records of GST
authority. Please note that availment of input tax credit is subject to
provisions of GST Act and rules.
o
The delivery and
billing addresses will be required to be the same, please note that input tax
credit will be denied by GST authority if the delivery address and GSTIN in the
GST invoice are of different states.
o
If GSTIN and/or
business entity details are not provided by You, it will be presumed that it is
a personal purchase and not a business purchase.
o
Rsgroup is not
responsible to verify the correctness of the GSTIN and/or entity name provided
by You and You shall be entirely responsible to provide the accurate details.
o
Rsgroup and Seller
shall not entertain any request for any revision in the GST Invoice. Rsgroup
and Seller shall not be liable for Your default including for reasons
associated with details provided by You.
o
Rsgroup will not be
liable in case You are not able to avail input tax credit or if input tax
credit is denied to You for any reason whatsoever.
o
You shall be solely
liable for all compliances required under applicable laws.
o
You agree to indemnify
and hold Rsgroup and Seller harmless from all losses, claims, costs, expenses,
suits, proceedings, or any other liability including any third-party claims
(including any penalties imposed by governmental authorities) arising out of or
in connection with (1) the GSTIN and/or entity name provided by you or the
input tax credit claimed by you or your use or misuse of the GST Invoice and
(2) your non-compliance with the applicable laws or (3) your use or misuse of
any third-party�s details including GSTIN.
o
Rsgroup has the right
to not allow business purchases on the Platform to You if a fraudulent activity
is identified.
o
Seller reserves the
right to not issue Tax Invoice or issue a credit note against an already issued
Tax Invoice to cancel the transaction, if any fraudulent activity is
identified.
2.
You shall
independently agree upon the manner and terms and conditions of delivery,
payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is
reflected on the Platform may due to some technical issue, typographical error
or product information published by seller may be incorrectly reflected and in
such an event seller may cancel such your order(s).
1. You release and indemnify Rsgroup and/or any
of its officers and representatives from any cost, damage, liability or other
consequence of any of the actions of the Users of the Platform and specifically
waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Rsgroup cannot take
responsibility or control the information provided by other Users which is made
available on the Platform. You may find other User's information to be
offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution
and practice safe trading when using the Platform.
Please note that there could be risks in
dealing with underage persons or people acting under false pretence.
Charges
Membership on the Platform is free for buyers.
Rsgroup does not charge any fee for browsing and buying on the Platform. Rsgroup
reserves the right to change its Fee Policy from time to time. In particular, Rsgroup
may at its sole discretion introduce new services and modify some or all of the
existing services offered on the Platform. In such an event Rsgroup 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 Platform and such changes shall automatically become effective
immediately after they are posted on the Platform. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to Rsgroup ..
Use of the Platform
You agree, undertake and confirm that Your use
of Platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify,
publish, transmit, update or share any information which:
(a) belongs to another person and to which You
does not have any right to;
(b) is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,
invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, 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) is misleading in any way;
(d) is patently offensive to the online
community, such as sexually explicit content, or content that promotes
obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind
against any group or individual;
(e) harasses or advocates
harassment of another person;
(f) involves the transmission of "junk
mail", "chain letters", or unsolicited mass mailing or
"spamming";
(g) promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libellous;
(h) 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];
(i) promotes an illegal or unauthorized copy
of another person's copyrighted work (see "Copyright complaint" below
for instructions on how to lodge a complaint about uploaded copyrighted
material), such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
(j) contains restricted or password-only
access pages, or hidden pages or images (those not linked to or from another
accessible page);
(k) provides material that exploits people in
a sexual, violent or otherwise inappropriate manner or solicits personal
information from anyone;
(l) provides instructional information about
illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of
another person (with a minor or an adult).
(n) tries to gain unauthorized access or
exceeds the scope of authorized access to the Platform or to profiles, blogs,
communities, account information, bulletins, friend request, or other areas of
the Platform or solicits passwords or personal identifying information for
commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or
sales without Our prior written consent such as contests, sweepstakes, barter,
advertising and pyramid schemes, or the buying or selling of
"virtual" products related to the Platform. Throughout this Terms of Use,
Rsgroup's prior written consent means a communication coming from Rsgroup's
Legal Department, specifically in response to Your request, and specifically
addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any
gambling activity which We, in Our sole discretion, believes is or could be
construed as being illegal;
(q) interferes with another USER's use and
enjoyment of the Platform or any other individual's User and enjoyment of
similar services;
(r) refers to any Platform or URL that, in Our
sole discretion, contains material that is inappropriate for the Platform or
any other Platform, contains content that would be prohibited or violates the
letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes 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 or stolen products;
(u) violates any law for the time being in
force;
(v) deceives or misleads the addressee/ users
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains 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;
(y) threatens 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.
(z) shall not be false, inaccurate or
misleading;
(aa) shall not, 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.
(ab) shall not create liability for Us or cause
Us to lose (in whole or in part) the services of Our internet service provider
("ISPs") or other suppliers;
1.
You shall not use any
"deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Platform or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the
Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. We reserve Our right to bar any such activity.
2.
You shall not attempt
to gain unauthorized access to any portion or feature of the Platform, or any
other systems or networks connected to the Platform or to any server, computer,
network, or to any of the services offered on or through the Platform, by
hacking, password "mining" or any other illegitimate means.
3.
You shall not probe,
scan or test the vulnerability of the Platform or any network connected to the
Platform nor breach the security or authentication measures on the Platform or
any network connected to the Platform. You may not reverse look-up, trace or
seek to trace any information on any other User of or visitor to Platform, or
any other customer, including any account on the Platform not owned by You, to
its source, or exploit the Platform or any service or information made
available or offered by or through the Platform, 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, as provided for
by the Platform.
4.
You shall not make any
negative, denigrating or defamatory statement(s) or comment(s) about Us or the
brand name or domain name used by Us including the terms Rsgroup, Flyte,
Digiflip, Flipcart, rsgroup.com, or otherwise engage in any conduct or action
that might tarnish the image or reputation, of Rsgroup or sellers on platform
or otherwise tarnish or dilute any Rsgroup's trade or service marks, trade name
and/or goodwill associated with such trade or service marks, 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 Platform or Rsgroup's systems or networks, or any systems or networks
connected to Rsgroup.
5.
You agree not to use
any device, software or routine to interfere or attempt to interfere with the
proper working of the Platform or any transaction being conducted on the
Platform, or with any other person's use of the Platform.
6.
You may not forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal You send to Us on or through the Platform or any
service offered on or through the Platform. You may not pretend that You are,
or that You represent, someone else, or impersonate any other individual or
entity.
7.
You may not use the
Platform or any content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or other
activity which infringes the rights of Rsgroup and / or others.
8.
You shall at all times
ensure full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules thereunder as applicable and as 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, 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 products 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.
9.
Solely to enable Us to
use the information You supply Us with, so that we are not violating any rights
You might have in Your Information, You agree to grant Us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database rights or
any other rights You have in Your Information, in any media now known or not
currently known, with respect to Your Information. We will only use Your information
in accordance with the Terms of Use and Privacy Policy applicable to use of the
Platform.
10.
From time to time, You
shall be responsible for providing information relating to the products 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 products or services so as to mislead
other Users in any manner.
11.
You shall not engage
in advertising to, or solicitation of, other Users of the Platform to buy or
sell any products or services, including, but not limited to, products or
services related to that being displayed on the Platform or related to us. You
may not transmit any chain letters or unsolicited commercial or junk email to
other Users via the Platform. It shall be a violation of these Terms of Use to
use any information obtained from the Platform in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. 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 user may send to other
Users in any 24-hour period which We deems appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Platform) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to) disclose any
information about You to law enforcement or other government officials, as we,
in 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 has no obligation,
to monitor the materials posted on the Platform. Rsgroup shall have the right
to remove or edit any content that in its sole discretion violates, or is
alleged to violate, any applicable law or either the spirit or letter of these
Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect Rsgroup
views. In no event shall Rsgroup assume or have any responsibility or liability
for any Content posted or for any claims, damages or losses resulting from use
of Content and/or appearance of Content on the Platform. You hereby represent
and warrant that You have all necessary rights in and to all Content which 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
libellous, tortious, or otherwise unlawful information.
1.
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Platform, including payment and delivery of related products or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. We
shall not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Platform.
2.
It is possible that
other users (including unauthorized users or "hackers") may post or
transmit offensive or obscene materials on the Platform and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about You due to your use of
the Platform, and that the recipient may use such information to harass or
injure You. We does not approve of such unauthorized uses, but by using the
Platform 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
Platform. Please carefully select the type of information that You publicly
disclose or share with others on the Platform.
3.
Rsgroup 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/DDoS (Distributed Denial of
Services).
4.
If you choose to
browse or transact on the Platform using the voice command-based shopping
feature, you acknowledge that Rsgroup and/or its affiliates will collect, store
and use your voice inputs on this feature to customize your experience and
provide additional functionality as well as to improve Rsgroup�s and/or its
affiliates� products and services. Rsgroup�s and/or its affiliates� use of your
voice data will be in accordance with the Rsgroup Privacy Policy. You accept
that your use of this feature is restricted to the territory of the Republic of
India. This feature may not be accessible on certain devices and requires an
internet connection. Rsgroup reserves the right to change, enhance, suspend, or
discontinue this feature, or any part of it, at any time without notice to you.
Your continued use of this feature constitutes your acceptance of the terms
related to this feature.
5.
You acknowledge and
agree that the Hindi, Telugu, Tamil, Kannada and Marathi, Bengali, Gujarati ,
Odia, Malayalam, Punjabi & Assamese translation features are made available
on the Platform on a reasonable effort basis for convenience only, without any
representation or warranties by Rsgroup, express or implied, including the
translations being error free, their accuracy, completeness or reliability.
Under the translation feature, You will have the option to adding delivery
addresses in the language selected by You out of the featured languages. Such
delivery addresses shall be transliterated in English language for processing,
handling and fulfilling Your orders on the Platform. Rsgroup expressly
disclaims any liability of any nature whatsoever arising from or related to the
said translation/transliteration features on the Platform. Some features and
sections on the Platform may not be translated in the language selected by You
[Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Odia, Malayalam,
Punjabi & Assamese language, as applicable], and the English version of the
same will be the definitive version. In the event of any conflict or
inconsistency between the translated terms and the English version available on
the Platform, the English version on the Platform shall prevail. This feature
may not be accessible on certain devices. Rsgroup reserves the right to change,
enhance, suspend, or discontinue this feature, or any part of it, at any time
without notice to You.
Contents Posted on
Platform
All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music and artwork
(collectively, "Content"), is a third party user generated content
and Rsgroup has no control over such third party user generated content as Rsgroup
is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of
Use, no part of the Platform and no 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, Platform or other medium for publication or
distribution or for any commercial enterprise, without Rsgroup's express prior
written consent.
You may use information on the products and
services purposely made available on the Platform for downloading, provided
that You (1) do not remove any proprietary notice language in all copies of
such documents, (2) 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 in any media, (3) make no modifications to any such
information, and (4) do not make any additional representations or warranties
relating to such documents.
You shall be responsible for any notes,
messages, emails, reviews, ratings, billboard postings, photos, drawings,
profiles, opinions, ideas, images, videos, audio files or other materials or
information posted or transmitted to the Platform (collectively,
"Content"). Such Content will become Our property and You grant Us
the worldwide, perpetual and transferable rights in such Content. We shall be
entitled to, consistent with Our Privacy Policy as adopted in accordance with
applicable law, use the Content or any of its elements for any type of use
forever, including but not limited to promotional and advertising purposes and
in any media whether now known or hereafter devised, including the creation of
derivative works that may include the Content You provide. You agree that any
Content You post may be used by us, consistent with Our Privacy Policy and
Rules of Conduct on Site as mentioned herein, and You are not entitled to any
payment or other compensation for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT
BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO,
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY
CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION
BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection of Your privacy as a very
important principle. We understand clearly that You and Your Personal
Information is one of Our most important assets. We store and process Your
Information including any sensitive financial information collected (as defined
under the Information Technology Act, 2000), if any, on computers that may be
protected by physical as well as reasonable technological security measures and
procedures in accordance with Information Technology Act 2000 and Rules there
under.Our current Privacy Policy is available at Privacy. Our current Privacy
Policy is available at Privacy. f You object to Your Information being
transferred or used in this way please do not use Platform. If You object to
Your Information being transferred or used in this way please do not use
Platform.
We may share personal information with our
other corporate entities and affiliates. These entities and affiliatesmay
market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third
parties. This disclosure may be required for us to provide youaccess to our
Services, to comply with our legal obligations, to enforce our User Agreement,
to facilitate our marketing and advertising activities, or to prevent, detect,
mitigate, and investigate fraudulent or illegal activities related to our
Services. We do not disclose your personal information to third parties for
their marketing and advertising purposes without your explicit consent.
We may disclose personal information if
required to do so by law or in the good faith belief that such disclosure is
reasonably necessary to respond to subpoenas, court orders, or other legal
process. We may disclose personal information to law enforcement offices, third
party rights owners, or others in the good faith belief that such disclosure is
reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims
that an advertisement, posting or other content violates the rights of a third
party; or protect the rights, property or personal safety of our users or the
general public.
We and our affiliates will share / sell some
or all of your personal information with another business entity should we (or
our assets) plan to merge with, or be acquired by that business entity, or
re-organization, amalgamation, restructuring of business. Should such a
transaction occur that other business entity (or the new combined entity) will
be required to follow this privacy policy with respect to your personal
information.
Disclaimer of
Warranties and Liability
This Platform, all the materials and products
(including but not limited to software) and services, included on or otherwise
made available to You through this site are provided on "as is" and
"as available" basis without any representation or warranties,
express or implied except otherwise specified in writing. Without prejudice to
the forgoing paragraph, Rsgroup does not warrant that:
This Platform will be constantly available, or
available at all; or
The information on this Platform is complete,
true, accurate or non-misleading.
Rsgroup will not be liable to You in any way
or in relation to the Contents of, or use of, or otherwise in connection with,
the Platform. Rsgroup does not warrant that this site; information, Content,
materials, product (including software) or services included on or otherwise
made available to You through the Platform; their servers; or electronic
communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant
to constitute, advice of any kind. All the Products sold on Platform are
governed by different state laws and if Seller is unable to deliver such
Products due to implications of different state laws, Seller will return or
will give credit for the amount (if any) received in advance by Seller from the
sale of such Product that could not be delivered to You.
You will be required to enter a valid phone
number while placing an order on the Platform. By registering Your phone number
with us, You consent to be contacted by Us via phone calls, SMS notifications,
mobile applications and/or any other electronic mode of communication in case
of any order or shipment or delivery related updates. We will not use your
personal information to initiate any promotional phone calls or SMS.
Selling
As a registered seller, you are allowed to
list item(s) for sale on the Platform in accordance with the Policies which are
incorporated by way of reference in this Terms of Use. You must be legally able
to sell the item(s) you list for sale on our Platform. 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 listed items must be listed in an
appropriate category on the Platform. All listed items must be kept in stock
for successful fulfilment 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 amounts that you may have received from the Buyer. You agree not to
list a single product in multiple quantities across various categories on the
Platform. Rsgroup reserves the right to delete such multiple listings of the
same product listed by you in various categories.
Services
Payment
While availing any of the payment method/s
available on the Platform, we will not be responsible or assume any liability,
whatsoever in respect of any loss or damage arising directly or indirectly to
You due to:
1.
Lack of authorization
for any transaction/s, or
2.
Exceeding the preset
limit mutually agreed by You and between "Bank/s", or
3.
Any payment issues
arising out of the transaction, or
4.
Decline of transaction
for any other reason/s
All payments made against the
purchases/services on Platform by you shall be compulsorily in Indian Rupees
acceptable in the Republic of India. Platform will not facilitate transaction
with respect to any other form of currency with respect to the purchases made
on Platform.
Before shipping / delivering your order to
you, Seller may request you to provide supporting documents (including but not
limited to Govt. issued ID and address proof) to establish the ownership of the
payment instrument used by you for your purchase. This is done in the interest
of providing a safe online shopping environment to Our Users.
Further:
1.
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 Buyer and Seller and payment facility is merely
used by the Buyer and Seller to facilitate the completion of the Transaction.
Use of the payment facility shall not render Rsgroup liable or responsible for
the 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 Rsgroup's Platform.
2.
You have specifically
authorized Rsgroup or its service providers to collect, process, facilitate and
remit payments and / or the Transaction Price electronically or through Cash on
Delivery to and from other Users in respect of transactions through Payment
Facility. Your relationship with Rsgroup is on a principal to principal basis
and by accepting these Terms of Use you agree that Rsgroup is an independent
contractor for all purposes, and does not have control of or liability for the
products or services that are listed on Rsgroup's Platform that are paid for by
using the Payment Facility. Rsgroup does not guarantee the identity of any User
nor does it ensure that a Buyer or a Seller will complete a transaction.
3.
You understand, accept
and agree that the payment facility provided by Rsgroup is neither a banking
nor financial service but is merely a facilitator providing an electronic,
automated online electronic payment, receiving payment through Cash On
Delivery, collection and remittance facility for the Transactions on the Rsgroup
Platform using the existing authorized banking infrastructure and Credit Card
payment gateway networks. Further, by providing Payment Facility, Rsgroup is
neither acting as trustees nor acting in a fiduciary capacity with respect to
the Transaction or the Transaction Price.
Payment Facility for Buyers:
1.
You, as a Buyer,
understand that upon initiating a Transaction You are entering into a legally
binding and enforceable contract with the Seller to purchase the products and
/or services from the Seller using the Payment Facility, and You shall pay the
Transaction Price through Your Issuing Bank to the Seller using Payment
Facility.
2.
You, as a Buyer, may
agree with the Seller through electronic communication and electronic records
and using the automated features as may be provided by Payment Facility on any
extension / increase in the Dispatch and/or Delivery time and the Transaction
shall stand amended to such extent. Any such extension / increase of Dispatch /
Delivery time or subsequent novation / variation of the Transaction should be
in compliance with Payment Facility Rules and Policies.
3.
You, as a Buyer, shall
electronically notify Payment Facility using the appropriate Rsgroup Platform
features immediately upon Delivery or non Delivery within the time period as
provided in Policies. Non notification by You of Delivery or non Delivery
within the time period specified in the Policies shall be construed as a deemed
Delivery in respect of that Transaction. In case of Cash On Delivery
transactions, Buyer is not required to confirm the receipt of products or
services.
4.
You, as a Buyer, shall
be entitled to claim a refund of the Transaction Price (as Your sole and
exclusive remedy) in case You do not receive the Delivery within the time
period agreed in the Transaction or within the time period as provided in the
Policies, whichever is earlier. In case you do not raise a refund claim using
Platform features within the stipulated time than this would make You
ineligible for a refund.
5.
You, as a Buyer,
understand that the Payment Facility may not be available in full or in part
for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in
respect of the Transactions for those products and /or services
6.
Except for Cash On
Delivery transaction, refund, if any, shall be made at the same Issuing Bank
from where Transaction Price was received, or through any other method
available on the Platform, as chosen by You.
7.
For Cash On Delivery
transactions, refunds, if any, will be made via electronic payment transfers.
8.
Refund shall be made in
Indian Rupees only and shall be equivalent to the Transaction Price received in
Indian Rupees.
9.
For electronics
payments, refund shall be made through payment facility using NEFT / RTGS or
any other online banking / electronic funds transfer system approved by Reserve
Bank India (RBI).
10.
Refunds may be
supported for select banks. Where a bank is not supported for processing
refunds, You will be required to share alternate bank account details with us
for processing the refund.
11.
Refund shall be
conditional and shall be with recourse available to Rsgroup in case of any
misuse by Buyer.
12.
We may also request
you for additional documents for verification.
13.
Refund shall be
subject to Buyer complying with Policies.
14.
Rsgroup reserves the
right to impose limits on the number of Transactions or Transaction Price which
Rsgroup may receive from on an individual Valid Credit/Debit/ Cash Card / Valid
Bank Account/ and such other infrastructure or any other financial instrument
directly or indirectly through payment aggregator or through any such facility
authorized by Reserve Bank of India to provide enabling support facility for
collection and remittance of payment or by an individual Buyer during any time
period, and reserves the right to refuse to process Transactions exceeding such
limit.
15.
Rsgroup reserves the
right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by
Buyer with Rsgroup or breach/violation of any law or any charges imposed by
Issuing Bank or breach of any policy.
16.
Rsgroup may do such
checks as it deems fit before approving the receipt of/Buyers commitment to pay
(for Cash On Delivery transactions) Transaction Price from the Buyer for
security or other reasons at the discretion of Rsgroup. As a result of such
check if Rsgroup is not satisfied with the creditability of the Buyer or
genuineness of the Transaction or other reasons at its sole discretion, Rsgroup
shall have the right to reject the receipt of / Buyers commitment to pay
Transaction Price. For avoidance of doubt, it is hereby clarified that the
�Cash on Delivery� feature for payment, may be disabled for certain account
users, at the sole discretion of Rsgroup.
17.
Rsgroup may delay
notifying the payment confirmation i.e. informing Seller to Dispatch, if Rsgroup
deems suspicious or for Buyers conducting high transaction volumes to ensure
safety of the Transaction and Transaction Price. In addition, Rsgroup may hold
Transaction Price and Rsgroup may not inform Seller to Dispatch or remit
Transaction Price to law enforcement officials (instead of refunding the same
to Buyer) at the request of law enforcement officials or in the event the Buyer
is engaged in any form of illegal activity.
18.
The Buyer and Seller
acknowledge that Rsgroup will not be liable for any damages, interests or
claims etc. resulting from not processing a Transaction/Transaction Price or
any delay in processing a Transaction/Transaction Price which is beyond control
of Rsgroup.
Compliance with Laws:
1.
As required by
applicable law, if the Customer makes a purchase of an amount equal to or above
INR 2 00 000.00, the Customer will be required to upload a scanned copy of
his/her PAN card on the Platform, within 4 days of making the purchase, failing
which, the purchase made by the Customer will be cancelled. The requirement to
submit the PAN card arises only once and if it has been submitted once by the
Customer, it need not be submitted again. The order of the Customer shall stand
cancelled if there is a discrepancy between the name of the Customer and the
name on the PAN Card.
2.
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 Rsgroup
Platform.
Buyer's arrangement with Issuing Bank:
1.
All Valid Credit /
Debit/ Cash Card/ and other payment instruments are processed using a Credit
Card payment gateway or appropriate payment system infrastructure and the same
will also be governed by the terms and conditions agreed to between the Buyer
and the respective Issuing Bank and payment instrument issuing company.
2.
All Online Bank
Transfers from Valid Bank Accounts are processed using the gateway provided by
the respective Issuing Bank which support 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 Buyer and the
respective Issuing Bank.
Rsgroup's Replacement
Guarantee*
Rsgroup's Replacement Guarantee seeks to
assist Buyers who have been defrauded by qualified sellers on the Platform. The
return policy period (Rsgroup's Replacement Guarantee) depends on the product
category and the seller. Kindly click here to know the return policy period
applicable for different categories. If at the time of delivery and/or within
the applicable return policy period, if any defect is found, then the buyer of
the product/s can ask for replacement of the product/s from the seller subject
to the following terms and conditions
1.
Notify seller of any
defects in the product/s at the time of delivery of the product/s and/or within
the applicable return policy period and the same product/s will be replaced in
return of the defective product/s.
2.
Replacement can be for
the entire product/s or part/s of the product subject to availability of the
same with the seller.
Following products shall not be eligible for
return or replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of
product;
c. Any consumable item which has been
used/installed;
d. Products with tampered or missing
serial/UPC numbers;
e. Digital products/services (Flyte music
downloads)
f. Any damage/defect which are not covered
under the manufacturer's warranty
g. Any product that is returned without all
original packaging and accessories, including the box, manufacturer's packaging
if any, and all other items originally included with the product/s delivered;
h. Jewellery which is 'made to order' on
customer's request
On Clothing and Footwear, qualified sellers
accept 30 day exchange subject to the following conditions:
Clothes and footwear are not used (other than
for trial), altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact.
For items that come in branded packaging, the box should be undamaged.
Returns are not applicable for 'Made to order'
jewellery, Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or 'Not as described'
products in Lifestyle category (includes clothing, footwear, etc.) are
meanwhile covered by the 30 Day Replacement Guarantee. Kindly click here to
know the return policy period (Replacement Guarantee) applicable for different
categories.
If Rsgroup has any suspicion or knowledge that
any of its buyers and sellers are involved in any activity that is intended to
provide claims or information that is false or not genuine, Rsgroup may also,
while reserving its rights to initiate civil and/or criminal proceedings
against such member buyers and sellers, at its sole discretion, suspend, block,
restrict, cancel the Display Name of such buyers and sellers and/or disqualify
that user and any related users from availing protection through this program.
Customers who have been blocked for any suspicious or fraudulent activity on Rsgroup
will not be allowed to return their products.
Rsgroup reserves its right to initiate civil
and/or criminal proceedings against a user who, files a invalid and/or false
claims or provides false, incomplete, or misleading information. In addition to
the legal proceedings as aforesaid, Rsgroup may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such user and/or disqualify that user and any related users from availing
protection through this program. Any person who, knowingly and with intent to
injure, defraud or deceive, 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.
Exchange Offers:
By participating in the exchange I confirm
that I am the sole and absolute owner and/or user of the product mentioned
above (device).
I confirm that device which I am exchanging
under the buyback program is genuine and is not counterfeit, free from any and
all encumbrances, liens, attachments, disputes, legal flaws, exchange or any
Agreement of Sale etc. and I have got the clear ownership of the said device.
You agree to indemnity and keep indemnifying Rsgroup.com
and any future buyer of the device against all or any third party claims,
demand, cost, expenses including attorney fees which may be suffered, incurred,
undergone and / or sustained by Rsgroup.com, its affiliates or any future buyer
due to usage of the device by you till date and you undertake to make good the
same.
I confirm that all the data in the said device
will be erased before handing it over under buy back program. I also confirm
that in spite of erasing the data manually/electronically, if any data still
accessible due any technical reason, Rsgroup.com, Seller or the Manufacturer
shall not be responsible for the same and I will not approach Rsgroup.com for
any retrieval of the data.
I hereby give my consent that my personal
information that I have provided in connection with this buyback program might
be processed, transferred and retained by the retailer and other entities
involved in managing the program for the purposes of validating the information
that I provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the
Rsgroup.com and any future buyer of the old device against all or any third
party claims, demand, cost, expenses including attorney fees which may be
suffered, incurred, undergone and / or sustained by Rsgroup.com, its affiliates
or any future buyer due to usage of the device by me till date and I undertake
to make good the same.
I understand once a device is sent by me to Rsgroup,
in no scenario can this device be returned back to me.
I understand that the new device delivery and
the old device pickup will happen simultaneously (hand in hand) and I shall
keep the old device ready to be given for exchange.
Products distributed as gifts from state
sponsored or NGO funded distribution programs are not accepted for exchange
under exchange offers.
Digital Content: Music
Music (MP3 format): Only certain short listed
Seller (at the sole discretion of Rsgroup) shall be entitled to sell Music (MP3
format) on the Platform. You may be able to purchase DRM-free digital music in
MP3 file format on the Platform from the respective Sellers. Such MP3 music
files shall be provided to You as per selection provided by Seller, subject to
certain limitations as described by the Seller. You shall be granted specified
download rights of DRM-free MP3 music files from the catalogue of MP3 music
displayed on the Platform. The MP3 music may include full-length MP3 audio
tracks at best available bit rate and certain other premium features, as may be
provided on the Platform by respective Sellers from time to time.
Territory: Currently You can purchase
downloadable digital MP3 music only through the Platform and Flyte Music
Application as may be made available from time to time on the Platform, only
within the territory of India.
Rights Granted: Music download right is a
non-exclusive, non-transferable right to use for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use. You may
copy, store, transfer and burn the MP3 music file only for your personal,
non-commercial, entertainment use, subject to and in accordance with the Terms
of Use. You represent, warrant and agree that You will use the MP3 music file
only for your personal, non-commercial, entertainment use and not for any
redistribution of the same or other use restricted in this Section. You agree
not to infringe the rights of the copyright owners and to comply with all
applicable laws in your use of the MP3 music file. You agree that You will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use MP3 music file. You are not
granted any synchronization, public performance, promotional use, commercial
sale, resale, reproduction or distribution rights for MP3 music file. You
acknowledge that the MP3 music file embodies the intellectual property of a
third party and is protected by law.
Explicit Consent: You agree that we shall have
no liability to You for MP3 music file downloaded by You on the Platform if You
find the same to be offensive, indecent or objectionable and expressions
through the audio files are not subscribed by us.
Cash on Delivery as a mode of payment is not
available for purchasing MP3 music on the Platform currently.
All Sales Final;
Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3
music files are final. Returns of MP3 music files are not permissible on
Platform. Once You have purchased MP3 music files, Rsgroup encourages You to
download it promptly. If You are unable to complete a download, please
contact customer service within
6 hours of the payment.
Further Rsgroup assumes no liability if your
media player does not support the file format made available by the Seller on
the Platform or your browser does not support the music download application /
software available by the Seller on the Platform, by whatever name called.
You bear all risk of loss after purchase and
for any loss of MP3 music files You have downloaded, including any loss due to
a computer or hard drive crash.
Seller may, from time to time, at its sole
discretion, remove MP3 music files from the Service without notice.
Intellectual Property Rights: It is hereby
specifically recorded that the copyright and other Intellectual Property in the
music available on the Platform is the sole and exclusive property of third
parties. Seller represents and warrants that Sellers are authorized by such
third parties to upload the music on the Platform for license of use to the end
customers. Intellectual Property Rights for the purpose of this Terms of Use
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, 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 Rsgroup as the
owner of such domain name. The Parties hereto agree and confirm that no part of
any Intellectual Property rights mentioned hereinabove is transferred in the
name of User 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.
Your request to download a MP3 music file is
personal to You, and the track may not be used, sold, rented, transferred,
licensed or otherwise provided to any other User. The license to downloaded
tracks includes only those rights explicitly stated herein (typically, the
right to play back for your own personal use from your personal computer, CD
player, digital player, or other personal consumer electronic device), and, for
the avoidance of doubt, does not include the right to create a derivative work,
to make copies other than for your own personal use, or to use the track in any
commercial manner. You shall promptly notify Us in writing upon your discovery
of any unauthorized use or infringement.
Software: Seller may make available to You,
from time to time, software for Your use in connection with the download of MP3
music files (any and all such software, individually and collectively, the
"Software").
You may use the Software only in connection
with the download of MP3 music files on the Platform. You may not separate any
individual component of the Software for use other than in connection to the
download, may not incorporate any portion of it into Your own programs or
compile any portion of it in combination with your own programs, may not
transfer it for use with another service, or use it, or any portion of it, over
a network and may not sell, rent, lease, lend, loan, distribute or sub-license
the Software or otherwise assign any rights to the Software in whole or in
part. Seller may discontinue some or all of any Software Seller provide, and
Seller may terminate your right to use any Software at any time and in such
event may modify it to make it inoperable.
Without limiting the Disclaimer of Warranties
and Limitation of Liability in this terms of use, (i) in no event shall Our or
software licensors' total liability to You for all damages arising out of or
related to your use or inability to use the Software and / or download manager
or any other application exceed the amount of ₹20; and (ii) in no event shall
Our or Our Digital Content providers' total liability to You for all damages
arising from your use of the Service, the Digital Content, or information,
materials or products included on or otherwise made available to You through
the Service (excluding the Software), exceed the amount You paid to purchase,
on the Service, the Digital Content related to Your claim for damages.
Digital Content:
eBooks
ebook (ePub format): You will be able to
purchase DRM-encrypted eBooks in ePub file format on the Rsgroup Platform and
the Flyte eBooks application. Such ePub files shall be provided to you as per
your selection, subject to certain limitations as described herein. You shall
be granted specified download rights of DRM-encrypted ePub files from the
catalog of eBooks displayed on the Platform.
Download rights: You will need to be
registered with Rsgroup to make an ebook purchase. The eBooks which you
purchase from the Rsgroup Platform or Flyte eBooks application shall be added
in your Rsgroup eBooks library from where you can download the eBooks onto your
device(/s). Each downloaded ebook is locked to the User account and the
downloader device. These downloaded eBooks cannot be transferred onto other
devices. Each device used by you will have to be synced with your online eBooks
library. You can sync a maximum of six(6) devices against your user account.
You can download the eBooks to your mobile or tablet devices for offline
reading and can read the eBooks using the Flyte eBooks Application only.
Flyte eBooks application: Flyte eBooks application
will enable you to read the digital books purchased from the Flyte eBooks
store, on your mobile or tablet devices. The app also has an in-app Flyte
eBooks store where the user can quickly purchase eBooks. The Flyte eBooks app
will be available in the Android platform. The Android app will be compatible
with both mobiles and tablet devices. You can download the Flyte eBooks android
app for free from the Rsgroup Platform and also Google Play.
Territory: Currently you can purchase
downloadable eBooks only through the Platform and Flyte eBooks Application as
may be made available from time to time on the Platform, only within the
territory of India. You have to be within the Indian Territory to even download
the already purchased files from your Rsgroup eBooks library.
DRM Specifications: The DRM (Digital Rights
Management) enables us to restrict certain permissions. The Flyte DRM
specifications restrict the following permissions:
Default
Restrictions |
Rsgroup Settings |
Printing |
Not Allowed |
Copying |
Not Allowed |
Side-Loading (from one device to other) |
Not Allowed |
e-mailing |
Not Allowed |
Saving Images |
Not Allowed |
Read out aloud |
Not Allowed |
Number of distinct devices for file
downloading |
Allowed (Six) |
Social media sharing |
140 word |
Rights Granted: Upon your payment of our fees
for ebook, we grant you a non-exclusive, non-transferable right to use the
downloaded ebook for your personal, non-commercial, entertainment use, subject
to and in accordance with the Terms of Use. You may store the ebook only for
your personal, non-commercial, entertainment use, subject to and in accordance
with the Terms of Use.
You represent, warrant and agree that you will
use the ebook only for your personal, non-commercial, entertainment use and not
for any redistribution of the same or other use restricted in this Section. You
agree not to infringe the rights of the copyright owners and to comply with all
applicable laws in your use of the ebook. You agree that you will not
redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify,
adapt, edit, license or otherwise transfer or use ebook.
You are not granted any synchronization,
public performance, promotional use, commercial sale, resale, reproduction or
distribution rights for ebook. You acknowledge that the ebook embodies the
intellectual property of a third party and is protected by law.
Explicit Consent: You agree that we shall have
no liability to you for ebook downloaded by You on the Platform or Flyte Apps
if you find the same to be offensive, indecent or objectionable.
Payment: The Price List for each downloadable
ebook displayed on the Platform represents the full retail price (inclusive of
all taxes unless specified otherwise) for said downloadable ebook. You shall
pay for such downloadable ebook using one of the payment options available on
the Platform.
The Price List mentions the prices of each
downloadable ebook and the User shall pay in Indian Currency (i.e. Indian
Rupee). We reserve our right to change the prices of the ebook and services and
the availability of the same at our sole discretion.
Rsgroup will allow the user to buy ebook using
the following forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> Rsgroup Wallet
--> any other mode of payment, as may be
decided and made available on the Platform.
Please note that payment can be made only in
India Rupees and all the above payment instruments must have been issued by
entities operating in India and subject to Indian regulations.
Cash on Delivery as a mode of payment is not
available for purchasing ebook on the Platform currently.
Payment made by credit card or any other mode
as mentioned above should be received by us on time. If for any reason we do
not receive payment from the credit card issuer or any agent involved in any of
the above payment modes, You agree that you shall pay all amounts due upon
demand by us.
All Sales Final;
Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are
final. We do not accept returns of eBooks. Once you have purchased eBooks, we
encourage you to download it promptly. If you are unable to complete a
download, please contact customer service within
30 days of the payment. The ebook will be removed from your library and the amount
that was charged during the payment will be refunded in the form of store
credit. The eBooks will also be replaced in cases of genuine technical errors
as mentioned in the replacement policy.
You bear all risk of loss after purchase and
for any loss of eBooks you have downloaded, including any loss due to a
computer or hard drive crash. We may, from time to time, at our sole discretion
remove eBooks from the Service without notice.
Intellectual Property Rights: It is hereby
specifically recorded that the copyright and other Intellectual Property in the
ebook available on the Platform is the sole and exclusive property of third
parties. We are authorised by such third parties to upload the ebook on the
Platform for license of use to the end customers. Intellectual Property Rights
for the purpose of this Agreement 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, 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 Rsgroup . as the owner of such
domain name. The Parties hereto agree and confirm that no part of any
Intellectual Property rights mentioned hereinabove is transferred in the name
of User 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.
Your request to download an ebook is personal
to you, and the ebook may not be used, sold, rented, transferred, licensed or
otherwise provided to any other user. The license to downloaded eBooks includes
only those rights explicitly stated herein (typically, the right to read the
ebook in Flyte eBooks Application), and, for the avoidance of doubt, does not
include the right to create a derivative work, to make copies, or to use the
ebook in any commercial manner. You shall promptly notify us in writing upon
your discovery of any unauthorized use or infringement.
Software: We may make available to you, from
time to time, software or updates for your use in connection with the download
of eBooks (any and all such software, individually and collectively, the
"Software").
You may use the Software only in connection
with the download of eBooks on the Platform. You may not separate any
individual component of the Software for use other than in connection to the
download, may not incorporate any portion of it into Your own programs or
compile any portion of it in combination with your own programs, may not
transfer it for use with another service, or use it, or any portion of it, over
a network and may not sell, rent, lease, lend, loan, distribute or sub-license
the Software or otherwise assign any rights to the Software in whole or in
part. We may discontinue some or all of any Software we provide, and we may
terminate your right to use any Software at any time and in such event may
modify it to make it inoperable.
Without limiting the Disclaimer of Warranties
and Limitation of Liability in this terms of use, in no event shall our or our
and/or our Digital Content providers' total liability to You for all damages
arising from your use of the Service, the Digital Content, or information,
materials or products included on or otherwise made available to You through
the Service (excluding the Software), exceed the amount You paid to purchase,
on the Service, the Digital Content related to Your claim for damages.
Digital Content: Rsgroup
Ideas
1. These Terms of Service (�Terms�) govern your
access to and use of Rsgroup Ideas (hereinafter referred to as �Content�). By
viewing the Contents you agree to be bound by these Terms. Content posted on
the Platform is public and can be viewed by everyone who can see the Page.
2. Rsgroup is hosting the Content generated by
third party users (�Content Owner�), within the FK Platform for convenience of
Platform Users, and as such, Rsgroup has no ownership or control whatsoever in
the Contents displayed. The Contents posted by the Content Owners are of
personal views wherein Rsgroup plays no role in creating/developing the
Content. You are responsible for your use of the Platform for viewing the
Content.
3. By hosting the Content on the Platform, Rsgroup
is neither guaranteeing nor giving any warranty nor making any representation
with respect to the Contents. Rsgroup is neither endorsing the views, products
or the Services, nor is it responsible for quality or features of the content
displayed on the Platform.
4. Any information on the Platform, whether the
content or any other information, have not been verified by Rsgroup, therefore,
Rsgroup shall not be responsible for any such content or information. Rsgroup
will not bear any obligation or liability if You rely on the Contents.
5. If You choose to view or rely, Rsgroup will
neither be a party to nor in any manner concerned with the same nor be liable
or responsible for any act or omission of the Content Owner.
6. You hereby acknowledge that the Contents are
created and owned by Content Owners who own all the rights including the
copyrights in the contents. The Contents are available on the Platform for
personal use only and you shall not use it for any commercial, promotional,
resale or further distribution purposes.
7. Any use or reliance on any Content or
materials obtained by you through the Content is at your own risk. We do not
endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Content or communications posted on the
Platform or endorse any opinions expressed via the contents. You understand
that by using the Platform, you may be exposed to Content that might be
offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Content is
the sole responsibility of the person who originated such Content. Rsgroup may
not monitor or control the Content posted on the Platform and, we do not take
responsibility for such Content.
8. We reserve the right to remove Content that
violates the Terms of Use, including for example, copyright or trademark
violations, impersonation, unlawful conduct, or harassment.
9. If you see an offensive, abusive, or any
unlawful content on the Platform, you can report it to ideas-support@rsgroup.com
10. You may find content that offends you or that
you simply don�t like, but that doesn�t violate the content guidelines. If that
happens, you can unfollow the user who posted it or hide the post
11. Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an �AS IS� and �AS AVAILABLE� basis. Rsgroup makes no
warranty or representation and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security or
reliability of any Content; (ii) any harm to your computer system, loss of
data, or other harm that results from your access to or use of any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and
other communications maintained by the Services; and (iv) whether the Services
will meet your requirements or be available on an uninterrupted, secure, or
error-free basis. No advice or information, whether oral or written, obtained
through the Content, will create any warranty or representation not expressly
made herein.
12. By using the Services you agree that Rsgroup,
its parents, affiliates, related companies, officers, directors, employees,
agents representatives, partners and licensors, liability is limited to the
maximum extent permissible by Law.
13. We may revise these Terms from time to time.
Digital Content: Rsgroup
Video
1.
These Terms of Service
(�Terms�) govern your access to and use of Rsgroup Video (hereinafter referred
to as �Content�). By viewing the Contents you agree to be bound by these Terms.
Content posted on the Platform is public and can be viewed by everyone who can
see the Page.
2.
The Content is being
hosted on Rsgroup mobile App only (�Platform�), that is owned and operated by Rsgroup
. (�Rsgroup�, �We� or �Our�).
3.
Use of Rsgroup
Services is available only to persons who can form a legally binding contract
under the Indian Contract Act, 1872.You must be 18 years of age, to avail the
Services. Minors may only use the service under the supervision of an adult.
4.
Rsgroup is hosting the
Content generated by third parties (�Platform Partners/Content Owners�) as well
as Rsgroup (�Rsgroup Original�) (collectively referred as �Content�) , within
the FK Platform for convenience of Platform Users free of cost that will allow
you to access the digital Content.. As such, Rsgroup has no ownership or
control whatsoever in the Contents displayed which are third party generated.
The Contents posted (other than Rsgroup Originals) are third party generated
contents wherein Rsgroup plays no role in creating/developing the Content. You
are responsible for your use of the Platform for viewing the Content.
5.
By hosting the Content
on the Platform, Rsgroup is neither guaranteeing nor giving any warranty nor
making any representation with respect to the Contents. Rsgroup is neither
endorsing the views, products or the Services, nor is it responsible for
quality or features of the content displayed on the Platform.
6.
Any information on the
Platform, whether the content or any other information (other than Rsgroup
Original), have not been verified by Rsgroup, therefore, Rsgroup shall not be
responsible for any such content or information. Rsgroup will not bear any
obligation or liability if You rely on the Contents.
7.
If You choose to view
or rely, Rsgroup will neither be a party to nor in any manner concerned with
the same nor be liable or responsible for any act or omission of the Content
Owner.
8.
You hereby acknowledge
that the Contents are created and owned by Content Owners who own all the
rights including the copyrights in the contents. The Contents are available on
the Platform for personal and non-commercial use only and you shall not use it
for any commercial, promotional, resale, further distribution or any other
unauthorized purposes. You agree not to use the service for public
performances.
9.
You further
acknowledge that all the intellectual property rights contained in Rsgroup
Original contents are solely owned by Rsgroup. During your Rsgroup membership
we grant you a limited, non-exclusive, non-transferable, revocable right to
access the Rsgroup Video service and view the Content. Except for the
foregoing, no right, title or interest shall be transferred to you.
10.
We can terminate your
account or place your account on hold in order to protect our/Partners interest
from an actual, probable or suspected theft or other fraudulent activity.
11.
Any use or reliance on
any Content or materials obtained by you through the Content is at your own
risk. We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted
on the Platform or endorse any opinions expressed via the contents. You
understand that by using the Platform, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Content is
the sole responsibility of the Content Owners who originated such Content. Rsgroup
may not monitor or control the Content posted on the Platform and, we do not
take responsibility for such Content.
12.
We reserve the right
to remove Content that violates the Terms of Use, including for example,
copyright or trademark violations, impersonation, unlawful conduct, or
harassment.
13.
We may use information
such as device ID, location or an account email address used with an existing Rsgroup
account to determine eligibility and any offers therof.
14.
We may share personal
information with our other corporate entities and Platform Partners only for
the purposes of giving enhanced customer services. You hereby consent to
sharing your information with Third parties unless you specifically opt out.
Also, your access to the Services may also be occasionally suspended or
restricted to allow for repairs, maintenance, or the introduction of new
facilities or services at any time without prior notice. We will attempt to
limit the frequency and duration of any such suspension or restriction.
15.
If you see an
offensive, abusive, or any unlawful content on the Platform, you can report it
to customer care of Rsgroup.
16.
Your access to and use
of the Services or any Content are at your own risk. You understand and agree
that the Services are provided to you on an �AS IS� and �AS AVAILABLE� basis. Rsgroup
makes no warranty or representation and disclaim all responsibility and
liability for: (i) the completeness, accuracy, availability, timeliness,
security or reliability of any Content; (ii) any harm to your computer system,
loss of data, or other harm that results from your access to or use of any
Content; (iii) the deletion of, or the failure to store or to transmit, any
Content and other communications maintained by the Services; and (iv) whether
the Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or written,
obtained through the Content, will create any warranty or representation not
expressly made herein.
17.
By using the Services
you agree that Rsgroup, its parents, affiliates, related companies, officers,
directors, employees, agents representatives, partners and licensors, liability
is limited to the maximum extent permissible by Law.
18.
You shall indemnify
and hold harmless Rsgroup its owner, licensee, affiliates, subsidiaries, group
companies, partners (as applicable) and their respective officers, directors,
agents, and employees from any claim, demand, or actions including reasonable
attorneys' fees made by any third party or penalty imposed due to or arising
out of your breach of the ToU, privacy policy and other policies or your
violation of any law, rules, regulations or the rights (including infringement
of intellectual property rights) of a third party.
19.
Governing laws: The
ToU shall be governed, interpreted, and construed in accordance with the laws
of India. The place of jurisdiction shall exclusively be Bangalore.
20.
We may revise these
Terms from time to time.
Indemnity
You shall indemnify and hold harmless Rsgroup,
its owner, licensee, affiliates, subsidiaries, group companies (as applicable)
and their respective officers, directors, agents, and employees, from any claim
or demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of Your breach of this Terms of
Use, privacy Policy and other Policies, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
Applicable Law
Terms of Use shall be governed by and
interpreted and construed in accordance with the laws of India. The place of
jurisdiction shall be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise specified, the material on
the Platform is presented solely for the purpose of sale in India. Rsgroup make
no representation that materials in the Platform are appropriate or available
for use in other locations/Countries other than India. Those who choose to
access this site from other locations/Countries other than India do so on their
own initiative and Rsgroup is not responsible for supply of products/refund for
the products ordered from other locations/Countries other than India,
compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright
and Restriction
This site is controlled and operated by Rsgroup
and products are sold by respective Sellers. All material on this site,
including images, illustrations, audio clips, and video clips, are protected by
copyrights, trademarks, and other intellectual property rights. Material on Platform
is solely for Your personal, non-commercial use. You must not copy, reproduce,
republish, upload, post, transmit or distribute such material in any way,
including by email or other electronic means and whether directly or indirectly
and You must not assist any other person to do so. Without the prior written
consent of the owner, modification of the materials, use of the materials on
any other Platform or networked computer environment or use of the materials
for any purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use
for which You receive any remuneration, whether in money or otherwise, is a
commercial use for the purposes of this clause.
Trademark complaint
Rsgroup respects the intellectual property of
others. In case You feel that Your Trademark has been infringed, You can write
to Rsgroup at infringement@rsgroup.com or ss@rsgroup.com.
Product Description
Rsgroup we do not warrant that Product
description or other content of this Platform is accurate, complete, reliable,
current, or error-free and assumes no liability in this regard.
Limitation of
Liability
IN NO EVENT SHALL RSGROUP BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN
CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE
OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for any questions or
comments (including all inquiries unrelated to copyright infringement)
regarding this Platform.
Grievance officer
In accordance with Information Technology Act
2000 and rules made there under and the Consumer Protection (E-Commerce) Rules,
2020, the name and contact details of the Grievance Officer are provided below:
Mr. Sagar Gupta
Rsgroup ,
plot no.12, Arazi no.2,
Ganagpur Chakwada,
Singhpur mainawati road,
Kanpur District, Uttar pradesh : 208017, India
contact us
Email: grs548291@gmail.com
Phone: 6391111070
Time: Mon - Sat (9:00 - 18:00)
POLICIES
Profanity Policy
Rsgroup prohibits the use of language that is
racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings,
on Seller pages and all other areas of the site that another User may view. If
the profane words are part of a title for the item being sold, we allow Sellers
to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or
f***).
Please report any violations of this policy to
the correct area for review:
�
Report offensive
Display Names
�
Report offensive
language in a listing or otherwise
If a feedback comment; or any communication
made between Users on the Platform; or email communication between Users in
relation to transactions conducted on Platform contain profanity, please review
Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the
indefinite suspension of a User's account, temporary suspension, or a formal
warning.
Rsgroup will consider the circumstances of an
alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a
range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
Rsgroup shall have the right to delete a
product review posted by the customer at its sole discretion, if it is of the
opinion that the review contains offensive language as stated above. Further,
if Rsgroup is of the opinion that the review unfairly either: (i) causes
disadvantage to a product; or (ii) increases the popularity of the product, Rsgroup
shall have the right to delete the customer review. Rsgroup shall also, at its
sole discretion have the right to blacklist the customer from posting any
further customer reviews.
Replacement Guarantee*
The Replacement Guarantee seeks to assist
Buyers who have been defrauded by qualified sellers on the Platform. If at the
time of delivery and/or within specified days from the date of delivery of the
product/s, if any defect is found, then the buyer of the product/s can ask for
replacement of the product/s from the seller.
If Rsgroup has suspicion or knowledge, that
any of its buyers and sellers are involved in any activity that is intended to
provide claims or information that is false, misleading or not genuine, then Rsgroup
may while reserving its rights to initiate civil and/or criminal proceedings
against User may also at its sole discretion suspend, block, restrict, cancel
the Display Name of such buyer and seller and /or disqualify that User and any
related Users from availing protection through this program.
Rsgroup reserves its right to initiate civil
and/or criminal proceedings against a User who, files a invalid and/or false
claims or provides false, incomplete, or misleading information. In addition to
the legal proceedings as aforesaid, Rsgroup may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of
such User and/or disqualify that User and any related Users from availing
protection through this program. Any person who, knowingly and with intent to
injure, defraud or deceive, 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 more details related to Replacement
Policy, refer to s/help/cancellation-returns
Returns Policy
Definition: 'Return' is defined as the action
of giving back the item purchased by the Buyer to the Seller on the Rsgroup
Platform. Following situations may arise:
1.
Item was defective
2.
Item was damaged
during the Shipping
3.
Products was / were
missing
4.
Wrong item was sent by
the Seller.
Return could also result in refund of money in
most of the cases.
Points to be noted:
1. Seller can always accept the return
irrespective of the policy.
2. If Seller disagrees a return request, Buyer
can file a dispute under the Buyer Protection Program*.
We encourage the Buyer to review the listing
before making the purchase decision. In case Buyer orders a wrong item, Buyer
shall not be entitled to any return/refund.
Buyer needs to raise the return request within
the return period applicable to the respective product.Once Buyer has raised a
return request by contacting Us on Our Toll Free Number, Seller while closing
the return ticket can select one of the following:
1.
Replace after shipment
collection - Seller has agreed to wait for the logistics team to collect the shipment
from the buyer before replacing it)
2.
Refund after shipment
collection - Seller has agreed to wait for the logistics team to collect the
shipment from the buyer before refunding)
3.
Refund without
shipment collection - Seller has agreed to refund the buyer without expecting
the original shipment back)
4.
Replace without
shipment collection - Seller has agreed to replace the order without expecting
the original shipment back)
5.
On certain select days
as specified by Rsgroup (such as 'The Big Billion Day') separate policies may
be applicable.
In the event the Seller accepts the return
request raised by the Buyer, Buyer will have to return the product and then the
refund shall be credited to the Buyers account.
In case the Seller doesn't close the ticket in
3 days from the date of intimation to the Seller about the refund request, the
refund request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the
Seller of the product, the following parameters needs to be ensured by the
Buyer:
Category |
Condition |
Electronics |
Should be included |
Clothing and Footwear |
Should be "New & Unworn"
(other than for trial) |
Beauty, Health & Personal Care |
Should be "New & Unopened" |
Sports & Equipment |
Should be "New" and returned with
original packaging |
Office Products |
Should be "New" and returned with
original packaging |
Jewellery |
Should be "New" and returned with
original packaging |
If the product being returned is not in
accordance with the above parameters, then Buyer shall not be entitled to any
refund of money from the Seller.
Shipping cost for returning the product shall
be borne and incurred by the Seller.
Replacement
Definition: Replacement is the action or
process of replacing something in place of another. A Buyer can request for
replacement whenever he is not happy with the item, reason being Damaged in
shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
1.
Seller can always
accept the return irrespective of the policy.
2.
If Seller disagrees
for a return request, Buyer can file a dispute under Buyer Protection Program*.
Buyer needs to raise the replacement request
within the return period applicable to the respective product. Once Buyer has
raised a replacement request by contacting Us on the Toll Free Number provided
on the Platform. Once the replacement request has been raised, the following
steps shall be followed:
1.
Buyer is asked for
"Reason for Return". Among others, the following are the leading
reasons:
2.
Shipping was damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6.
Wrong item sent
7.
An intimation shall be
provided to Seller seeking either "approval" or "rejection"
of the replacement request.
8.
In case the Seller
accepts the replacement request, Buyer shall be required to return the product
to the Seller and only after return of the product, Seller shall be obliged to
provide the replacement product to the Buyer.
9.
Incase Seller rejects
the replacement request, Buyer can choose to raise a dispute by writing
to https://www.rsgroup21.com/helpcentre.
In case the Seller doesn't have the product at
all, Seller can provide the refund to the Buyer and 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.
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, refund shall be processed in favour of Buyer and Seller
shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges
shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly
on Rsgroup. However there may be some cases where both the Buyers and Sellers
may face issues. At Rsgroup, we have a Dispute Resolution process in order to
resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement
between a Buyer and a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a
disagreement between the Buyer and the Seller. Disputes arise out of an issue
that is raised by either party not being completely satisfied with the
resolution of their complaint/issue.
It is important that before a Buyer/Seller
raises a dispute, they should attempt to solve the issue. Please note that
whenever a Buyer raises a dispute, the Seller's payment for that order is put
on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a
disagreement, the buyer can contact us through this link https://www.rsgroup21.com/helpcentre ,
while the Seller can write to ss@rsgroup.com, in order to raise a dispute.
Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of
potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or Seal broken on Product
4. Part/Accessory missing
5. Item not Compatible
6. Seller Description/Specification Wrong
7. Defective (Functional issues)
8. Product not working and Manufacturer claims
invalid Invoice
In case the Seller rejects the return request
of the Buyer, and Buyer raises a dispute, then Rsgroup will try to mediate and
resolve the dispute between both the parties. If the dispute is resolved in
favour of the Buyer, a refund is provided once the product is returned to the
Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to
any refund.
Buyer Protection Program
In case of a dispute where the Seller is
unable to provide a refund or a replacement, Rsgroup will actively work towards
reaching a resolution.
The Buyer Protection Program covers Buyers who
are unable to successfully resolve their dispute with the Seller or are not
satisfied the resolution provided by the Seller.
The buyer can contact
us through this link https://www.rsgroup21.com/helpcentre if
the issue with the Seller is not resolved. Rsgroup's Customer Support team will
look into the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Platform. Only after verifying
these facts, a dispute can be registered.
CS team will not facilitate a conference call,
CS team acts as the bridge between customer and seller.
When a dispute has been raised, Rsgroup may
provide both the parties access to each others Display Names, contact details
including email addresses and other details pertaining to the dispute. Buyers
and Sellers are subject to final consent from Rsgroup for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product
on Rsgroup are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from
the date of delivery of the product
Any damage or loss to the product after
delivery will not be covered under this program and will completely be the
Buyer's responsibility. Buyers should refuse to accept delivery if the item is
damaged.
To be able to take
advantage of the Buyer Protection Program, Buyers should first contact the
Seller and attempt to resolve the issue. If the Buyer doesn't hear from the
Seller or is unable to resolve the issue with the Seller even after contact, a
dispute can be raised with Rsgroup by writing an email to https://www.rsgroup21.com/helpcentre
Fraudulent charges and claims are not covered
under Buyer Protection Program
If the Buyer has already initiated chargeback
through the credit card issuing bank, it will not be covered under Buyer
Protection Program, though in such cases a Seller can file a claim through the
Seller Protection Program.
Blacklisted and Blocked Buyers are not covered
by the Buyer Protection Program.
Buyers who have reached their maximum lifetime
limit for claims are also not eligible. Buyers can make a maximum of 5 claims
per year on Rsgroup. If the claim was withdrawn, it is not counted. The
coverage amount will be limited to ₹50,000
Through the Buyer Protection program, Rsgroup
does not provide any guarantee/warranty to Buyers for products sold on Rsgroup
against technical/manufacturing defects.
Raising disputes against Sellers does not
automatically entitle the Buyer to a refund or replacement for the product
purchased. Rsgroup shall verify the disputes so raised and may process only
such claims that are valid and genuine.
Rsgroup shall at no point be responsible for
any direct or indirect losses, expenses, costs of any nature whatsoever that
may be incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e.
instances where products are bought by the Buyer by mistake or where the Buyer
chooses to change his/her mind with regard to the product purchased by him)
will not be entertained through this program.
Rsgroup 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, Rsgroup may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of such
User and/or disqualify that user and any related users from availing protection
through this program.
Decisions made by Rsgroup under the Buyer
Protection Program shall be final and binding on its Users.
Rsgroup reserves the right to modify /
discontinue Buyer Protection Program without any prior notice period to its
Users.
Through this program, Rsgroup shall not
entertain claims of Buyers who have incurred loss due to delayed shipment or
delivery of the item by the Seller.
Rsgroup Customer Support Team may seek
additional information / clarification from Buyer to facilitate resolution of
the dispute. In the event Buyer does not respond with information /
clarification sought within 10 days of such request, the dispute shall be
auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a
payment gateway/bank, following situations may arise:
1. Item not received CB - Buyer hasn't received
the item. Refund will be created in accordance with the dispute policies
2. Unauthorized CB - Buyer hasn't made this
particular transaction. Refund will be created in accordance with the dispute
policies.
Seller expressly agrees that issuing the
correct and complete invoice is the sole and primary responsibility of the
Seller. Furthermore, Seller shall ensure that invoices state "Powered by Rsgroup"
and failing to do so Seller will be liable for chargebacks (as applicable).
1. Item not as described - meaning item is not
what Buyer expected. Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email
correspondence, is not regulated by Rsgroup. Rsgroup encourages its Users to be
professional, courteous and respectful when communicating by email.
However, Rsgroup will investigate and can take
action on certain types of unwanted emails that violate Rsgroup policies.
Such instances:
Threats of Bodily Harm - Rsgroup does not
permit Users to send explicit threats of bodily harm.
Misuse of Rsgroup System - Rsgroup allows
Users to facilitate transactions through the Rsgroup system, but will
investigate any misuse of this service.
Spoof (Fake) email - Rsgroup 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 'Contact
Us' tab.
Spam (Unsolicited Commercial email) - Rsgroup's
spam policy applies only to unsolicited commercial messages sent by Rsgroup
Users. Rsgroup Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Rsgroup - Rsgroup
prohibits email offers to buy or sell listed products outside of the Rsgroup
Platform. Offers of this nature are a potential fraud risk for both Buyers and
Sellers.
Rsgroup policy prohibits user-to-user threats of
physical harm via any method including, phone, email and on Our public message
boards.
Violations of this policy may result in a
range of actions, including:
�
Limits on account
privileges
�
Account suspension
�
Cancellation of
listings
�
Loss of special status
Other Businesses
Rsgroup does not take responsibility or
liability for the actions, products, content and services on the Platform,
which are linked to Affiliates and / or third party Platforms using Platform's
APIs or otherwise. In addition, the Platform may provide links to the third
party Platforms of Our affiliated companies and certain other businesses for
which, Rsgroup assumes no responsibility for examining or evaluating the
products and services offered by them. Rsgroup do not warrant the offerings of,
any of these businesses or individuals or the content of such third party
Platform(s). Rsgroup does not endorse, in any way, any third party Platform(s)
or content thereof.
Rsgroup Infringement Verification (FIV) -
Reporting Listing Violations
Rsgroup has put in place Rsgroup Infringement
Verification process so that intellectual property owners could easily report
listings that infringe their rights. It is in Rsgroup's interest to ensure that
infringing products are removed from the site, as they erode Buyer and good
Seller trust.
�
If you are a Verified
Rights Owner and want to report a listing issue, see Rsgroup's FIV. Note: Only
the intellectual property rights owner can report potentially infringing
products or listings through FIV. If you are not the intellectual property
rights owner, you can still help by getting in touch with the rights owner and
encouraging them to contact us.
�
If your listing was
removed through FIV, and you believe that your listing was removed in error,
please contact us.
Rsgroup does not and cannot verify that
Sellers have the right or ability to sell or distribute their listed products.
However, Rsgroup is committed to removing infringing or unlicensed products
once an authorized representative of the rights owner properly reports them to Rsgroup.
FIV works to ensure that item listings do not
infringe upon the copyright, trademark or other intellectual property rights of
third parties. FIV participants have the ability to identify and request
removal of allegedly infringing products and materials.
Any person or company who holds intellectual
property rights (such as a copyright, trademark or patent) which may be
infringed upon by products listed on Rsgroup is encouraged to become a FIV
member.
Program membership entitles you (Verified
Rights Owner) to the following benefits:
�
Rapid response by Rsgroup
in ending listings reported by you (as the Verified Rights Owner) as allegedly
infringing
�
Dedicated priority
email queues for reporting alleged infringements
�
The ability to obtain
identifying information about Rsgroup's users'
How to Become a FIV Member
To join the FIV, we require only that you
fully complete and email Us a Notice of Infringement form specifying the
allegedly infringing listings and the infringed work, complete with an original
authorized signature. The information requested by the Notice of Infringement
is designed to ensure that parties reporting products are authorized by the
rights owners, and to enable Rsgroup to easily identify the material or listing
to be ended.
In the interest of keeping the process easy
and simple, after we receive your first Notice of Infringement in hard copy,
future notices can be sent to Us by email at ss@rsgroup.com.
Note: In your notice of infringement, you
shall be required to identify the individual listing which is infringing your
intellectual property. General notices shall not be accepted.
We are happy to receive such information, but
must advise that we may be limited in Our ability to respond to your request
absent formal notice from an authorized rights owner.
Notice of Infringement
Rsgroup .
_______________________
_______________________
I, [name] ____________________________ of
[address] _________________________ do solemnly and sincerely declare as
follows:
1. I am the owner of certain intellectual
property rights, said owner being named __________________ ("IP
Owner").
2. I have a good faith belief that the item
listings or materials identified in the annexure attached hereto are not
authorised by the above IP Owner, its agent, or the law and therefore infringe
the IP Owner's rights. Please expeditiously remove or disable access to the
material or products claimed to be infringing.
3. I may be contacted at:
Name
___________________________________________________________
Title & Company
________________________________________________________
Address
_________________________________________________________
Email (correspondence)
___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and I make this declaration conscientiously
believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________
in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings,
Products, or Materials
A Note on Reason Codes: When identifying item
numbers please use the reasons below. When removing products from the site, Rsgroup
will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please
associate each item you report with only one reason code.
Trademark-infringement
1. Trademark owner doesn't make this type of
product or has discontinued the production of the product
2. Item(s) is an unlawful replica of a product
made by the trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has unlawful comparison to
trademark owner's brand or product
2. Listing(s) contains unlawful use of trademark
owner's logo
Copyright-item infringement
1. Software is being offered without any license
or in violation of a license
2. Item(s) is a bootleg recording;
3. Item(s) is an unlawful copy (software, games,
movies, etc.);
4. Item(s) is unlawful duplication of printed
material
5. Item(s) is an unlawful copy of other
copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s) comprises unauthorized copy of
copyrighted text
2. Listing(s) comprises unauthorized copy of
copyrighted image
3. Listing(s) comprises unauthorized copy of
copyrighted image and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s):
___________________________________________________________
Note:
1. Please provide the ownership of Trademark
(Trademark Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the ownership
of copyright.
All such Notices of Infringement shall be sent
to infringement@rsgroup.com; or ss@rsgroup.com.
Contacting the Seller
At Rsgroup we are
committed towards ensuring that disputes between sellers and buyers are settled
amicably by way of the above dispute resolution mechanisms and procedures.
However, in the event that a buyer wishes to contact the seller, he/ she may
proceed to do so by accessing the seller related information made available by
the sellers on their product listing pages. Alternatively, the buyers may also
reach out to customer support at 6391111070 or access help center at http://www.rsgroup21.com/help