For the purposes of this Policy, any reference to “Services” is a reference to all the products and services offered by SchoolWaale, whether available online or offline, and any reference to “Sites” is a reference to www.schoolwaale.com (including any mobile version of such websites).
By using our Sites or our Services, or otherwise providing information to us, you agree that your personal information will be handled as described in this Policy. You also agree to the terms for accessing and correcting data as described in this Policy.
THE INFORMATION WE COLLECT:
When you communicate or do business/register with us, we collect information from you, and this may include personal information. For example, we collect information from you when you sign up for our Services, create an online account with us, make a purchase, request information, submit a trouble ticket, participate in a contest or survey, or otherwise contact us. The type of information that we collect depends on your interaction with us, but may include, where permitted by applicable law, the following: your name, company name, email address (business or personal), mailing/billing address (business or residential), credit card/billing information, telephone number (business or personal), and any other information that you choose to provide.
We may use the information we collect from you in aggregated form or we may associate it with your username and other personal information that we collect about you. We may also combine information collected about you on one of our Sites with information collected through one or more of our other Sites or through your use of our Services for the same purposes as we would use such information in non-combined form. We explain how we use and disclose the information we collect about you below.
HOW WE USE THE INFORMATION WE COLLECT:
We use the information that we gather about you for the following purposes:
- To provide our Services to you, to communicate with you about your use of our Services, and to fulfill your orders.
- For the purpose for which you specifically provided the information to us, including, to respond to your inquiries, to provide any information that you request, to address trouble tickets, and for providing customer service.
- Where permitted by applicable law, to deliver customized content to you, to offer location customization, personalized help and instructions, and to otherwise personalize your experiences while using our Sites or our Services.
- For marketing and promotional purposes, for example, where permitted by applicable law, we may use your information, such as your email address, phone number, or mailing address to contact you with newsletters, special offers and promotions, or to otherwise contact you about products or information we think may interest you including voice, data, and internet communications products and services, as well as to track the success of our marketing and advertising campaigns.
- As permitted by applicable law, to assist us in advertising our products and services in various mediums including, without limitation, sending promotional emails, advertising our services on third party sites and social media platforms, direct mail, and by telemarketing.
- To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, to administer, monitor, and improve our Sites and Services, for our internal purposes, and for other research and analytical purposes.
HOW WE SHARE THE INFORMATION WE COLLECT:
We may share your information as follows:
- We may disclose the information we collect from you to our affilates. Our subsidiaries may use your information for the purposes indicated in this document, including, to market their products and services to you, to the extent permitted by law.
- We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. We take steps to ensure that third party contracts contain appropriate data protection and security language. These third parties include other carriers or providers where necessary to provide our Services or fulfil your requests or orders, as well as entities that provide website hosting, service/order fulfilment, customer service, and credit card processing, among others.
We may also share your information in the following circumstances and with the following persons/entities:
- Other Purposes for Which We May Seek Your Consent: From time to time, we may seek your consent to use your information for a purpose not described in this Policy. We may also share your personal information with third parties under other circumstances where we have your consent. For example, we may offer you the opportunity to participate in a survey or promotion; where applicable, your information will be used and shared as described in the instructions/rules to that survey and/or promotion.
- Business Transfers.If we are acquired by or merge with another company, or if substantially all of our ass`ets are transferred to another company (which may include as part of bankruptcy proceedings), we may transfer the information we have collected from you to the other company.
- In Response to Legal Process.We may disclose the information we collect from you in order to comply with applicable law, judicial proceedings, a court order, or other legal process, such as in response to a court order or a subpoena.
- To Protect Us and Others.We may disclose the information we collect from you where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
- Aggregate and De-Identified Information.We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect through our Sites and the provision of our Services. Despite our best efforts, you will appreciate that no data security measures can guarantee 100% security.
You should therefore take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity.
CHANGES TO THIS POLICY:
This Policy is subject to change, and any changes to this Policy will be posted on our Sites. All information submitted through the Sites to SchoolWaale is subject to the terms and conditions of this Policy, as amended.
This document is an electronic record and this electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.SchoolWaale.com, including the related mobile site and mobile application (hereinafter referred to as “Platform”) is owned and operated by SchoolWaale & Co. (hereinafter referred to as ‘SchoolWaale’ and C/O Pankaj Tulshyan), a sole proprietorship firm.
Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform 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 a transaction. By mere use of the Platform you shall be contracting with SchoolWaale, and these terms and conditions including the policies constitute your binding obligations to SchoolWaale.
When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of SchoolWaale’s policies applicable to you, as amended, from time to time.
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. SchoolWaale reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to SchoolWaale’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
Your Account and Registration Obligations
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
When you use the Platform or send emails, 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 or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. SchoolWaale is not and cannot be a party to any transaction or dispute between users on the Platform.
- All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. SchoolWaale does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
- SchoolWaale does not make any representations or warranties regarding specifics (such as quality, value, and salebility) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. SchoolWaale does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. SchoolWaale accepts no liability for any errors or omissions of third parties in relation to the products and services.
- SchoolWaale is not responsible for any non-performance or breach of any contract between you and buyers. SchoolWaale cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. SchoolWaale shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
- SchoolWaale does not make any representations or warranties regarding 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 buyer you choose to deal with on the Platform and use your best judgment in that regard.
- SchoolWaale does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
- At no time shall SchoolWaale hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. SchoolWaale is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
- The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. SchoolWaale only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
- You release and indemnify SchoolWaale and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, SchoolWaale cannot 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, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there may be risks in dealing with underage persons or people acting under false pretence.
Use of the Platform
You agree and understand that SchoolWaale and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. SchoolWaale shall bear no responsibility or liability in relation to or arising out of third party user generated content. SchoolWaale neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. SchoolWaale is merely an intermediary and does not interfere in the transaction between buyers and sellers.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is false, inaccurate or 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’, unsolicited mass mailing, or ‘spamming’;
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(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, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (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, providing or creating computer viruses;
(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Platform;
(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
- You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, 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) provided by the Platform.
- You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms SchoolWaale, Flipcart, SchoolWaale.com or otherwise engage in any conduct or action that might tarnish the image or reputation of SchoolWaale or sellers on the platform or otherwise tarnish or dilute any SchoolWaale trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or SchoolWaale’s systems, networks, or any systems or networks connected to SchoolWaale.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
- You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of SchoolWaale and/or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authoritty of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
- Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of SchoolWaale.
- From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
- You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. SchoolWaale shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect SchoolWaale’s views. In no event shall SchoolWaale assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
- It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do 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.
As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. 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, pictures or videos that describe your item for sale. All 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 amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. SchoolWaale reserves the right to delete such multiple listings of the same product listed by you in various categories.
Compliance on selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. SchoolWaale shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to SchoolWaale to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
Content Posted on the Platform
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and SchoolWaale has no responsibility or liability over such third-party generated Content as SchoolWaale is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without SchoolWaale’s prior written consent.
You may use the information on the products and services made available on the Platform for downloading provided you:
(1) do not remove any proprietary notice language in all copies of such Content;
(2) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any Content; and
(4) do not make any additional representations or warranties relating to the Content.
SchoolWaale grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Powered by SchoolWaale” and/or “SchoolWaale.com” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, SchoolWaale grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “SchoolWaale.com” name and/or logo on packing material used by seller for delivery of Products sold on the Platform.
- Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render SchoolWaale liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
- You have specifically authorized SchoolWaale or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with SchoolWaale is on a principal to principal basis and by accepting the ToU, you agree that SchoolWaale is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. SchoolWaale does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
- You understand, accept, and agree that the payment facility provided by SchoolWaale is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, SchoolWaale neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at SchoolWaale’s sole discretion.
- 4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
Dispatch of products and/or services
- You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, SchoolWaale will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform
- Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to SchoolWaale in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
- Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
- Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
- a) Buyer confirms the delivery of products and/or services in the transaction;
- b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
- c) Buyer’s refund claim is rejected by SchoolWaale due to any breach of the ToU, policies, and any applicable law;
Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
Registration on the Platform is free. SchoolWaale does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy. SchoolWaale reserves the right to change its fee policy from time to time. In particular, SchoolWaale 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, SchoolWaale 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 (INR) and payable to SchoolWaale. You shall be solely responsible for compliance with all applicable laws for making payments to SchoolWaale.
Compliance with Laws:
Seller shall comply with all the applicable laws and obtain all necessary licences and permits applicable to them.
SchoolWaale does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL SCHOOLWAALE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF SCHOOLWAALE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. SchoolWaale makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and SchoolWaale is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Mr. PANKAJ TULSHYAN
CEO – SchoolWaale & Co.
DS MAX SIGMA,
GOLAHALLI, ELECTRONIC CITY PHASE 1,
BANGALORE- 560100 KARNATAKA, INDIA
Phone: +91- 97317-15655
Email: [email protected]
- SchoolWaale may, at its sole discretion, choose to enlist preferred service providers on the Platform for certain services useful to the sellers. By doing so, SchoolWaale is not endorsing any service provider or its services. SchoolWaale neither guarantees nor gives any warranty nor makes any representation with respect to the services of such service providers.
- Sellers may engage with such service providers at their own cost and risk, and the relationship between the seller and the service provider will be governed by a separate agreement between the parties.
- SchoolWaale will neither be a party to nor in any manner be concerned with the services rendered nor be liable or responsible for any act or omission on the sellers’ part or on part of the service provider.
- SchoolWaale hereby expressly disclaims that all liabilities that may arise, directly or indirectly, as a consequence of the business arrangement entered into between the seller and the service provider(s); and warranties, conditions or statements, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose.
- Seller & all other parties associated with SchoolWaale shall comply and ensure that (hereinafter collectively referred to as the “Parties”) with the following at all times. We reserve the right to blacklist the seller or to make seller pending if found violating any of the below-
- Compliance with Applicable Laws and Anti-Bribery:
Parties must comply with all applicable laws and regulations (“applicable laws and regulations”). SchoolWaale has no tolerance for bribery or corruption in any aspect of its business. SchoolWaale’s policy prohibits engaging in any form of corruption, bribery, kickback, extortion, embezzlement or money laundering. SchoolWaale is committed not only to complying with all applicable laws and regulations regarding such activities but also to acting with integrity and the highest ethical standards. Parties shall not participate in, facilitate or permit any form of corruption, bribery, kickback, extortion, embezzlement or money laundering, whether with respect to public officials or to any other person. Parties shall comply strictly with all applicable laws and regulations and with SchoolWaale’s policy set forth herein.
- Intellectual Property:
Parties shall respect the intellectual property rights of others and shall comply with applicable laws and regulations related to patents, copyrights, trademarks and trade secrets.
- Confidential and Proprietary Information:
Parties shall safeguard SchoolWaale’s confidential and proprietary information. This obligation includes using commercially reasonable means to safeguard information technology systems on which SchoolWaale’s information is stored or transmitted. In addition, Parties shall refuse any improper access to confidential or proprietary information of any other company, including our competitors and customers.
- Additional Obligations:
The Parties under no circumstances shall:
- Contact customer beyond the provision of delivery services;
- Misbehave with customer while delivering shipment;
- Misuse or share any information provided by the shipper;
- Harass/stalk/bully customers through email, messages, call or any online or offline medium;
- Be involved in loss or theft of goods and cash;
- Provide wrong update on shipment and pick up status;
- Be rude with the customers; and/or
- Violate the delivery terms.
Take any kind of unwarranted allowances such as tips from the buyers.
Return, Replacement & Refund Policy
- All products sold on SchoolWaale Marketing Platform should be new (unless otherwise stated) and 100% genuine.
- If the cancellation is made post the product is dispatched, Delivery charges will not be refunded. In case of replacement buyer will be charged with Reverse shipping fee and Delivery fees for the new product again.
- Buyer can return a product, only after the product is delivered successfully. In case of any returns, buyer will be given full refund (except delivery charges) or replacement of the product (depending upon the availability of the same).
- Buyers can raise a request for return, replacement/exchange or refund within the return period post order delivery.
- Certain products categorised against “No Returns” in the category wise returns policy listwill have a no return policy except in the following cases and in all the below cases seller shall not dispute any returns:
Damaged or defective products
· Missing products
· Expired product
· Fake products
In case of customer returns because of above reasons, Sellers shall be charged shipping fee and reverse shipping fee. Commission and fixed fees will not be charged on any customer return.
- All products under a particular category may not have the same return/replacement period. Please check the respective product’s applicable return/replacement policy on the product page.
- If the buyer’s return request is in line with our return policy, then the return will be accepted as a refund/replacement to buyer.
- A buyer can raise a return request directly using self-serve on the Website.
- The Seller will receive an email notification when a return request is raised or a return is created by the Buyer with all the requisite details.
- All refunds will be processed post the reverse pick up of the product.
- Seller shall be responsible for in transit damage and defective products.
- During reverse pickup, buyer should ensure the Correctness and Completeness of order, Undamaged product and Original packaging must be preserved undamaged.
Brand Name & Logo Usage Policy
Sellers are not permitted to include any brand names or company logos in their listings other than the specific brand name authorised by the original manufacturer to be used for products being sold by sellers under a particular listing. Certain uses of brand names may also constitute trademark infringement and could expose sellers to legal liability.
Sellers hereby explicitly grants rights to SchoolWaale to display the product registered by them on www.schoolwaale.com and/or related logo and/or related Trademark and/or related brand name etc. owned by it or its business associate for marketing /selling through the SchoolWaale marketing platform along with the terms on which products are made available for purchase. Seller undertakes that it has all/ will have all the rights to grant such permission to SchoolWaale and any claims will be a liability of the Seller. Once the product is displayed for selling, the same will not be withdrawn / suspended / terminated or otherwise discontinued except on the expiry of the inventory agreed between the parties or termination / cancellation of this agreement, subject to fulfilment of Orders already placed within ambit of this agreement.
Violation of this policy may result in listing cancellation or suspension of account.
Seller Registration Policy
Sellers intending to register on the SchoolWaale, are required to provide verification documents. Till the time verification is completed by SchoolWaale, remittances to sellers shall be on hold and payment will be only be released upon successful verification of documents by SchoolWaale.
Seller needs to provide valid documents for proof of identity and address of the beneficiary or bank account holder mentioned during the registration process.
The documents should be scan copy of the original documents, scan of Xerox documents are not allowed.
In case of any change in address/Bank details/Any other details; seller should intimate SchoolWaale of such a change at least seven working days in advance before the effective date of change. Updation will be done only post verification of documents again to avoid payment rejections and delays in reprocessing of payments. As part of the process, seller are required to provide one valid document, each for-
- Identity Proof and
- Address proof.
Given below are the documents acceptable:
|Bank accounts of||Identity Proof||Address Proof|
|Trusts & Foundations||
Marketing and Distribution (“Agreement”)
This agreement is executed on DDMMYYYY by and between:
Vendor Name, Company incorporated under the Companies Act, 1956, having its registered office at _________ (hereinafter referred to as “Seller” which expression, unless it be repugnant to the context or meaning thereof, shall be deemed to mean and include all it successors and permitted assigns) of the FIRST PART.
SchoolWaale & Co. (C/O- Pankaj Tulshyan) a Proprietorship firm, having its registered office at DS MAX SIGMA, Block C, Golahalli, Electronic City Phase 1, Bangalore- 560100 (hereinafter referred to as “SchoolWaale” which expression, unless it be repugnant to the context or meaning thereof, shall be deemed to mean and include all it successors and permitted assigns) shall constitute the SECOND PART.
Seller and SchoolWaale may be referred to as the “Party” individually and as the “Parties” collectively, as the context may require.
With reference of selling of Products of Seller through the marketing platform of SchoolWaale & Co
(www.SchoolWaale.com), hereinafter referred to as “Website”, it is now agreed between the parties as under :
- Seller will sell/distribute/market the products as per commercial specifications attached herewith- ANNEXURE 1 (to be entered into between the parties with mutual consent in writing concurrent with and /or after the execution of this agreement shall be governed by this agreement), through the SchoolWaale channels of SMA, internet, Mail order/Catalogue, Application, Web platform etc. It is being understood and acknowledged between the parties that in reference to the above agreement, Annexure viz. A-1, A-2 etc. can be executed with mutual consent in writing, at any date i.e. now or later, based upon the requirement in terms of products, pricing and other commercial terms and any modification shall always be read as part and parcel of this agreement only.
- SchoolWaale has the discretion to select the products which will be displayed on the marketing platform of SchoolWaale including the website of SchoolWaale for all time, unless terminated with in accordance with terms of this agreement.
- Seller recognizes and confirms that SchoolWaale has the exclusive rights to manage the contents of the website, as provided by the seller. Any content related to the products sold by the seller, uploaded on the website, shall be assumed with proper express content of IPR owner including Manufacturer, Schools, Brands etc. and seller warrants and represents to have consent thereof. Thus any misrepresentation or false commitment or contents published shall be the sole responsibility of the seller.
- SchoolWaale shall receive orders for the products displayed or distributed, on behalf of seller, as an access and distribution channel only. Where, payments are collected by SchoolWaale on behalf of seller, in the mode/s as conveyed to the customer/End user. The same will be as an agent of seller with the sole intent of facilitating the transactions of seller. Seller agrees that the payment facility provided by SchoolWaale is neither a banking service nor a financial service but is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway network or payment through cash on delivery, for the transactions on the website.
- SchoolWaale against charging the commission will provide the backend infrastructure, like Call Centre, Order management system etc. for capturing the customer details/order. The orders to be delivered will be forwarded to seller for packaging and forwarding to the end customer. SchoolWaale will separately inform seller on the modalities to access the orders of customers, which will be either through email or Direct Access through a URL. After dispatch of the product, seller will update the dispatch details on the URL provided by SchoolWaale or any other mode as mutually decided, within reasonable time of dispatch. The parties are aware and agree that the services, so availed by the seller, shall be free from technical deficiency. The bugs may be due to use of third party integration or for any other reason and seller shall not object or chargeback, on account of any deficiency/ defect in services provided by SchoolWaale.
- The product will be dispatched to customers, on an all India basis, through the forwarding/courier service providers of SchoolWaale, as the case may be (“Agency”).The assigned Agency shall collect products from prescribed location of the seller. The SchoolWaale , act as a facilitator only for the logistics services and thus agency shall be responsible for any deficiency and seller would not put any claim on SchoolWaale for any misplacement, delay, damage etc of the product, so handled to the Agency for delivery.
- The seller shall be responsible for and dispatch of all the products with its own corresponding invoice/s, which will be generated through the SchoolWaale platform and delivery challans in favour of the customer and all other relevant documents as required Under statutory and governmental regulations in India to the customers.
- The price of the products to be displayed on the marketing platform of SchoolWaale shall be the final payable price by the customer, inclusive of all taxes. Seller will be absolutely and solely responsible for all the charging, deposition and filing thereof of any returns with government agency, of Sales Tax/VAT/GST/any other regulatory filings, based on the display price of the products. However, the customer shall not be charged anything extra by the seller apart from the selling price of the product as displayed on all the SchoolWaale selling platforms. The seller will also ensure that the final selling price of the products listed on the SchoolWaale platform will be less than or equal to the prices at which products are being sold through any other acceptable mode of market/distribution (including offline/retail channels).
- Seller consented to irrevocably authorize SchoolWaale to deduct, adjust the commission fee or any other charges, fee, fines payable to SchoolWaale, without further notice.
- Seller will send a signed statement (as per the format given separately) for the order delivered/shipped for release of the payment, post which payment will be released by cheque/NEFT/IMPS/RTGS , after deducting SchoolWaale Commission/fee as agreed, the details of which are mentioned in the PAYMENT AND REFUND POLICY.
- Seller will offer a 3 months warranty to the customer against manufacturing defects. However, it is also understood that repair or replacement or 100% refund of money (or replacement) will be given to the customer against manufacturing defect or damage, if informed within 15 days of receipt of the product by customer. SchoolWaale will not release payment for such orders to seller if refunded to the customer on behalf of seller. A suitable manufacturer’s warranty card will be given to the customer with the product for which such is applicable.
- Though SchoolWaale will facilitate customer in redressal of their complaints, if any, the primary and sole responsibility for redressal of customer complaint will be the responsibility of seller at all times.
- On receipt of the order from customers, seller will endeavour to dispatch /deliver/make ready for dispatch the products within a time period not exceeding 3 working days. In case the shipment cannot be made in the time period conveyed to the customer, SchoolWaale will be immediately informed of the same, along with the expected time of delivery, so that the customer can be informed. In case Seller cannot deliver the product to the customer for any reason, SchoolWaale will nonetheless be entitled to the commission on the product as per this Agreement.
- The product will be strongly and appropriately packed so that it is not damaged in transit when dispatched through the courier or surface mode of transportation. Any damage in transit on account of inadequate/unsuitable packing will be to the account of seller including the freight cost. The ownership in the products will be transferred to the end consumer after successful delivery at the desired destination, till then all risk in the product will be borne by seller. Seller will accept back the product that is not delivered to the customer on account of any reason and keep SchoolWaale informed with the sales return details. Please refer Return / Replacement / Refund Policy for more details on this.
- The data of customers will be property of SchoolWaale and sellers will not use/distribute/share it in any form or means and keep it confidential. However, subject to mutual consent, this can be reviewed in the future.
- Sellers hereby explicitly grants rights to SchoolWaale to display the product as mentioned in registered on the website and/or related logo and/or related Trademark and/or related brand name etc. owned by it or its business associate for marketing /selling through the SchoolWaale marketing platform along with the terms on which products are made available for purchase. Seller undertakes that it has all/ will have all the rights to grant such permission to SchoolWaale and any claims will be a liability of the Seller. Once the product is displayed for selling, the same will not be withdrawn / suspended / terminated or otherwise discontinued except on the expiry of the inventory agreed between the parties or termination / cancellation of this agreement, subject to fulfilment of Orders already placed within ambit of this agreement.
- Seller shall absolutely and irrevocably, at all times, and without demur indemnify and hold harmless SchoolWaale ( and its affiliates and Directors and/or Partners and/or Proprietor) against all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including legal fees) or damages asserted against each of the party by the customer or any third party arising out of any actions or omissions in connection with the sale of Sellers product and their performance during the period of this arrangement and for the products sold, even after the termination of this agreement.
- During the term of this arrangement and thereafter, information received by either party, under and by virtue of this arrangement, shall be maintained in the strictest confidence and trust.
- Seller represents and warrants that it is engaged in a legitimate and lawful commercial enterprise and activity, having all regulatory approvals required to run the business and it shall not deliver any goods / services to end consumers which-
– Do not correspond with the description as stated in this agreement or forming part of this agreement through Annexures to be entered now or later on and displayed on the website / marketing platform of SchoolWaale;
– Are not of same quality standards or in quantity has agreed in pursuance of this agreement and displayed on the website of SchoolWaale for further distribution with other online distribution / marketing third party;
– Do not serve the purpose for which the goods/services are meant as described on the website / marketing platform of SchoolWaale;
– Are defective or duplicate in nature.
- Seller hereby declares and unconditionally undertakes that products offered for sale shall confirm to all the statutory requirements associated with that product including but not limited to the Legal Metrology Act 2009 and The Legal Metrology (Packaged Commodities) Rules, 2011 or any amendment, The Central Sales Tax Act 1956, and other rules thereof etc. whether required under Central and/or State Legislation. Seller confirms that it has obtained all the requisite written and specific approvals, licenses, NOC etc. from the relevant government authority, schools, manufacturer etc and it is the original Product manufacturer/ owner of the products.
- SchoolWaale shall under no circumstances be liable or responsible for any loss, injury or damage to the seller, or any other party whomsoever, arising on account of any transaction under this agreement or as a result of the Product(s) being in anyway damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Seller hereby agrees, confirms and acknowledges that the Product(s) are owned by it and that SchoolWaale is merely a platform with marketing and distribution rights for resale of the seller’s Products and hence, SchoolWaale is not responsible / liable for the product, its design, its function and condition manufacturing and selling and financial obligations, IPRs related thereto or those displayed, whatsoever. SchoolWaale reserve its rights to state appropriate disclaimers on the content. Under no circumstances, SchoolWaale will be liable for any consequential, indirect, special, punitive, incidental damages or loss of profits whether foreseeable or unforeseeable, based on the claims of the seller arising out of this Agreement.
- The extent permitted by applicable law, SchoolWaale does not by virtue of entering into or carrying out the terms of this agreement assume any of the financial or pecuniary obligation of the seller under any of the documents executed/ to be executed hereof. Any such obligations, duties, warranties, imdemnities and liabilities of the seller under the any of the documents executed / to be executed hereof shall be the sole responsibility of the Seller.
- SchoolWaale or Seller may terminate this agreement by giving a 45 day’s notice in writing. However, seller cannot terminate this agreement for a period of 6 months from the date of this agreement. All obligations of seller related to fulfilment and delivery of products to customers, for orders which have been placed prior to date of termination of this agreement and resolution of all post sale queries of products, including but not limited to the warranty on the product, will duly be honoured and resolved by the seller even after termination of this agreement.
- If any dispute arising between the parties hereto during the subsistence of this agreement or thereafter, in connection with or arising out of this agreement, the dispute shall be referred to arbitration under the Indian Arbitration and Consolation Act, 1996.Arbritration shall be held at Bangalore, India. The proceedings of arbitration shall be in English language. The arbitrator’s award shall be final and binding on the parties. The court of Bangalore shall have an exclusive jurisdiction over any difference or dispute between the parties.
- No Conflicts: Each party represents to the other that it has the authority to enter into this agreement.
- Assignment: The agreement and the rights granted under it shall not be assigned or transferred by either party without the written consent of the other party
- Entire Agreement and modifications: This agreement constitutes the complete and exclusive understanding between the parties and it can be amended only by written agreement signed by each of the parties.
- Waiver: If one party fails to enforce any provision of this agreement, it shall not be precluded from enforcing the same provision at another time.
- Notices: All notices, requests and demands, and other communications required or permitted under this agreement shall be in writing and either delivered personally or sent to the official address of the party through recognized courier service. Either party may change its address by delivering notice of such change of address to the other party
- Severability: In the event that a court or other tribunal of competent jurisdiction to be unenforceable holds any provision of this agreement, such provision shall be deemed modified he minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the parties. In such event, the remaining terms and conditions of this agreement, will remain in full force and effect and enforceable.
- Force Majeure: Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control. Such acts include but are not be limited to acts of God, Labour conflicts, Acts of war or Civil disruption, Governmental regulations imposed after the fact, Public utility out failures, Industry wide shortages of labour or material or Natural disasters.
- The specification and commercial arrangement is as per detail Annexure 1.
IN WITNESS WHEREOF THE Parties hereto have entered into this agreement the day and year herein above written. Signed and Delivered by the Authorized Representative of parties to this agreement:
For and behalf of-
Legal Name of the Seller ENtity:
Place of business:
Name of the Authorized person:
Name of Directors/Partner/Propeirtoe:
AAdhar of Authorized Person:
COmmision/Fee on the Selling price of the products payable to SchoolWaale-
|Product Name||Commission on MRP (%)|
|Stationary and Notebooks|
|Bottle, Lunch Box & Mugs|