Philamart Terms & Condition (User Agreement) )
This website is restricted for use by Indian residents only.
This User Agreement is effective upon acceptance for those users who accept it through registration of a Philamart account.
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.
Your use of www.philamart.com (hereinafter referred to as "the Website") and its related sites, services and tools is governed by the following terms and conditions as applicable to the Website. You are contracting with Philamart Technology Pvt. Ltd., a company incorporated under Companies Act, 1956 with registered office at 884, Bhandarkar Road, 14 Patil Terraces, Pune 411004 (India). These terms and conditions constitute your binding obligations towards these respective contracting entities (hereinafter individually and collectively referred to as “Philamart”).
For the purpose of the User Agreement, Registered User and wherever the context so require “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website and accepted this electronic version/electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User.
As a new Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ besides “I Agree to the Terms & Conditions” and on the “Complete Registration” as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Philamart Rules and Policies , please do not click on the "check box " and on the ”Complete Registration” button and do not seek to obtain access to or otherwise use the Website.
1. Terms & Conditions.
Philamart is a marketplace that allows users to offer, sell and buy collectibles in a variety of pricing formats and locations. The actual contract for sale is directly between the sellers and buyers. Philamart is not a traditional auctioneer.
While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, Philamart has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
1. Membership Eligibility
Use of the Website 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 minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Philamart reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Philamart’s notice or if it is discovered that you are under the age of 18 years.
• Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement
2. Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by Philamart’s registration form 2. You must not include any of your contact details such as email addresses etc. in your User ID while registering as Registered User; and 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Philamart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Philamart has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
3. Electronic Communications
When You use the Website or send emails or other data, information or communication to Philamart, You agree and understand that You are communicating with Philamart through electronic records and You consent to receive communications via electronic records from Philamart periodically and as and when required. Philamart will communicate with You by email or electronic records on the Philamart Website which will be deemed adequate service of notice / electronic record.
4. Fees and Services
Membership on the Website is free. However, before you list an item for sale / buy / bid on an item through the Website, we request you to review our Fee and Credit Policy which is hereby incorporated into this agreement. Philamart reserves the right to change its Fee and Credit policies from time to time. In particular, Philamart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Philamart 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 and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Philamart Technology Private Limited within such time as specified in the invoice.
4.1 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses, duty etc. levied thereon. Payment of GST on material sold is sole reposnsibility of repective seller/s, Philamart is not responsible for any kind of GST liablity. Please enter your valid GST number at respective field and also send us the valid GST document copy to firstname.lastname@example.org.
4.2 Non payment: Philamart reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Philamart. Philamart also reserves the right to take legal action in case of non-payment of fees by you to Philamart. Philamart at its sole discretion reserves the right to collect or recover or settle any or all fees due and payable by you to Philamart under your one or more accounts by deducting the amount owed from any of your DirecPay account/s balance or by other collection mechanism including, without limitation, by charging the other payment methods on file with us, retaining collection agencies and legal counsel, and instructing our payment partner to deduct the amount owed from your account with the payment partner.
5. Use of the Website
5.1. You understand and agree that Philamart and the Website merely provides hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Philamart neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Philamart has no control over the third party user generated contents.
5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
2. Your Information (or any items listed):
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which You do 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 whatsoever; 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) harm minors in any way;
(d) 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 items;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) 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;
(i) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
(j) shall not be false, inaccurate or misleading;
(k) 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. Without prejudice to the generality of the above, Philamart does not permit transactions outside of the categories that Philamart has provided.
(l) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(m) shall not link directly or indirectly to or include descriptions of items, goods or services that:
• are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
• are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
• are concurrently listed for sale on a web site other than the Website;
4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Philamart of the same. If you are a Registered User, you may contact Philamart at www.philamart.com/contact
6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website through shill bidding.
7. 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 bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside India.
8. 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 item-specifics of such items or services so as to mislead other Users in any manner.
9. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Philamart.
6. Platform for Communication
The Website is only a venue where Users may meet and interact with one another for their transactions. Philamart is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
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 goods and services and after sales services related to goods and services. Philamart does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
2. Philamart is not responsible for any non-performance or breach of any contract entered into between Users. Philamart cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Philamart shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. Philamart does not make any representation or Warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Philamart does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Philamart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Philamart 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 Website and use your best judgment in that behalf.
5. Philamart does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.
6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Philamart 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 Winning bidder/buyer.
7. At no time shall any right, title or interest over the items vest with Philamart nor shall Philamart have any obligations or liabilities in respect of such contract. Philamart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
9. You release and indemnify Philamart 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 Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Philamart cannot control the information provided by other Users, which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
7A. Your Consent:
8. DirecPay Facility
With DirecPay Facility, Payments for items on the Website can be made through credit cards, debit cards and net banking, as may be permitted by Philamart to the website seller(s) in its sole discretion. You will be redirected to www.timesofmoney.com/direcpay which is the parent company of DirecPay, where you can make secured payments.
Without limiting other remedies, Philamart may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
2. If Philamart is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or Philamart. Philamart may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Philamart or use the Website in any manner whatsoever until such time that such User is reinstated by Philamart. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Philamart reserves the right to recover any amounts due and owing by you to Philamart and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
10. Bidding and Buying
All bids (under the Auction format) and all purchases (under the Buy Now format) on the Website are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller.
An action to purchase or bids may be increased in price or volume, but may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.
Philamart strongly advises you not to test the Website with false bids/purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Willfully entering erroneous or fictitious bids may result in prosecution by Philamart.
As a Winning buyer you must contact the seller within 72 hours of auction closing successfully.
Please be aware that even if you do not give Philamart your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the auction is closed.
In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed thereunder.
11. Priority in Bidding
In order to qualify and be identified as a successful bid, the following priority parameters will be followed:
1. Price: The higher price bids always supersede the lower price bids;
2. Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede. Philamart’s decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.
12. Philamart’s assistance in transactions
The seller is notified once the payment is made by the buyer through DirecPay. Philamart reserves the rights to hold the amount till such time the buyer approves of receiving the item/s or 15 days from the date of payment, whichever is earlier, but not until the next payment cycle. After the 15th day, if the buyer fails to confirm/deny the receipt of the item/s,the sum will be transferred to the seller’s account and the buyer shall no longer be able to dispute the transaction or receive a full/partial refund.
12a. Payment cycle
Sellers will be paid on a weekly basis on Fridays. In case a Friday falls on a Holiday, the payment will be made on the next business banking day. The payment will be calculated as follows:
Cleared payments (-) payments with unconfirmed deliveries (-) DirecPay fees (-) Philamart’s fees
As a registered member, you may list item/s for sale on the Website. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any 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 site. Philamart reserves the right to delete such multiple listings of the same product listed by you in various categories.
Make sure your listing follows these guidelines. If it doesn't, it may be ended, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account. If a listing is in the wrong category, we may move it to a more appropriate one (the listing fee may be different) or the listing may be ended.
If you receive at least one bid at or above your stated minimum price, you are legally obligated to complete the transaction sale contract with the Winning buyer upon the item's sale online. You must contact the Winning buyer within 72 hours of item selling successfully and supply the item as per the shipping and delivery details mentioned in item description to the Winning buyer in a merchantable condition upon receiving the payment from the Winning buyer and in case of buyer making payments using DirecPay Facility, upon receiving of payment intimation from Philamart, unless there is an exceptional circumstance, such as:
1. The Winning buyer fails to meet the terms of your listing (such as payment method), or
2. You cannot authenticate the Winning Buyer's identity provided you have not received any payment from the Winning Buyer. Without limiting any other remedies, Philamart may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Website. As sellers on the Website we encourage you to post feedback on the buyer after the auction is closed.
14. Auction Close
An auction will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted.
Immediately after any auction is successfully closed an e-mail is sent to both the Winning bidder and the seller providing each of them the contact information of the other party to enable them to get in touch with each other to fulfill the transaction. Please note that the contact information that will be sent out will be the information that is provided by the Users in their Registration Data on Website.
We encourage Registered buyers and sellers on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. Philamart will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Philamart reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.
Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by Philamart, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.
Import - We do not provide the technical ability to allow you to import feedback from other websites to Philamart because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database rights and other intellectual property rights you have in or to the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
We may offer catalogues of stock images (includes 3D or 2D images), descriptions, product specifications and other multimedia content including videos, which are provided by third-parties (including Philamart users). You may use catalogue content solely in connection with your Philamart listings during the time your listings are on Philamart’s site.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Philamart policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
To protect Philamart from risk of liability for your actions as a seller, Philamart may restrict access to funds or put a hold in Nodal account(s) based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing or pending for decision of a claim.
Authorization to Contact You; Recording Calls
You consent to receive autodialed or prerecorded calls and text messages from Philamart at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or DirecPay or any other agreement we may have with you. Standard telephone minute and text charges may apply.
Philamart may share your telephone numbers and other personal data or information with our service providers (such as Logistic Service Providers, billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this User Agreement, our policies, applicable law, or DirecPay or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
Philamart may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Philamart or its agents for quality control and training purposes or for its own protection.
Privacy of Others; Marketing
If Philamart provides you with information about another user, you agree that you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
16. No Warranty
Philamart and its suppliers, affiliates and service provider provide the Website and services including DirecPay "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website and DirecPay is at your risk.
17. Limitation of Liability
In no event shall Philamart or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and DirecPay Facility, its services or this agreement (however arising, including negligence).
Philamart’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Philamart. Philamart, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or DirecPay Facility will be error free and/or uninterrupted. Consequently, Philamart assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or DirecPay Facility; and/or power outage/server failure.
2. Any interruption or errors in the operation of the Website or DirecPay Facility. You expressly understand and agree that Philamart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Philamart has been advised of the possibility of such damages).
You shall indemnify and hold harmless Philamart and (as applicable) subsidiaries, affiliates, third-parties 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 the User Agreement, Philamart Rules and Policies or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Philamart and you shall have no authority to bind Philamart in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Philamart to Philamart Technology Pvt. Ltd. 21 Harmony, Office No.304, 3rd Floor, 759 Deccan Gymkhana, Pune 411004, Maharashtra (India) (in the case of Philamart) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Philamart with respect to the subject matter hereof.
In Philamart’s sole discretion, Philamart may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Philamart assigns the Agreement on the same terms or terms that are no less advantageous to You.
19A. Grievance Officer:
Please write to email@example.com / firstname.lastname@example.org with the subject line “Grievance Officer” or call +91 866 898 6954
If any dispute arises between you and Philamart during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Philamart. The place of arbitration shall be Pune, Subject to Pune jurisdiction. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
21. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 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.
Sellers will be billed on a weekly basis provided their account balance is not nil. Payment will be due once the invoice is generated and mailed to the seller electronically. Account will be considered “past due” and may incur interest after 7 days of the invoice. In case the invoice is not cleared within 15 days of the invoice, the seller’s account may be restricted and/or cancelled and Philamart, at its discretion, pass the account to a collection agency or take legal action against the seller.