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Terms and conditions

JOPL SELLER CONNECT POLICIES

THESE SELLER CONNECT POLICIES FORM AN INTEGRAL PART OF THE SELLER AGREEMENT EXECUTED / TO BE EXECUTED BETWEEN THE SELLER AND JOPL (“SELLER AGREEMENT” / “AGREEMENT”). SELLER’S CONCURRENCE WITH THE SELLER AGREEMENT SHALL MEAN AGREEMENT WITH ALL THE TERMS AND CONDITIONS OF THE SELLER CONNECT POLICIES CONTAINED HEREUNDER WHICH INCLUDE THE (A) SELLER TERMS OF USE, (B) PROHIBITED AND RESTRICTED ITEMS POLICY, (C) SELLER CODE OF CONDUCT, (D) SELLER BLACKLISTING POLICY, (E) SELLER PRIVACY POLICY, AND SUCH OTHER POLICY DOCUMENTS AS MAY BE ISSUED AND PUBLISHED BY JOPL ON [https://seller.jswonemsme.com] FROM TIME TO TIME (“SELLER CONNECT POLICIES”), AT ITS SOLE DISCRETION. PLEASE READ ALL THE SELLER CONNECT POLICIES CAREFULLY BEFORE PROCEEDING.

BY ACCESSING OR USING THE PLATFORM AND/OR THIS SELLER CONNECT PLATFORM, YOU AGREE TO BE BOUND BY THE SELLER CONNECT POLICIES, AS MAY BE ADOPTED BY US FROM TIME TO TIME. PLEASE READ THE SELLER AGREEMENT AND THE SELLER CONNECT POLICIES CAREFULLY BEFORE ENTERING INTO A TRANSACTION AND/OR AVAILING ANY SELLER CONNECT SERVICES. THESE SELLER CONNECT POLICIES ARE SUPPLEMENTARY TO THE SELLER AGREEMENT AND ARE TO BE READ TOGETHER AS ONE DOCUMENT.

THESE SELLER CONNECT POLICIES ARE ELECTRONIC RECORDS ISSUED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES THEREUNDER. THESE ELECTRONIC RECORDS ARE GENERATED BY A COMPUTER SYSTEM AND DO NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THESE DOCUMENTS ARE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS TO OR USAGE OF THE PLATFORM.

ALL SELLER CONNECT POLICIES ARE LEGALLY BINDING DOCUMENTS.

 

 

SELLER TERMS OF USE (TOU) - SToU V 3.0

Using the Seller Connect Platform indicates Seller’s agreement with all the terms and conditions of the Seller Agreement and Seller Connect Policies. By implicitly or expressly accepting the ToU, you also accept and agree to be bound by other Seller Connect Policies (including Privacy Policy), as amended, from time to time.

  • 1. Definitions and interpretations

     

    Capitalised terms used in the Seller Connect Policies but not defined herein shall have the meaning ascribed to the term under the Seller Agreement. Any reference to the Seller Agreement / Agreement shall include a reference to the Seller Connect Policies.

    These definitions and interpretation shall be applicable to the Seller Agreement and the Seller Connect Policies:

    1. 1. “Affiliate” shall mean, with respect to each Party, any Person or entity, directly or indirectly through one or more intermediary Controlling, Controlled by, or under direct or indirect common Control with a Party. “Control”, “Controlled” or “Controlling” shall mean, with respect to any Person or entity, any circumstance in which such Person or entity is controlled by another Person or entity by virtue of the latter Person or entity controlling the composition of the board of directors or managers or owning the largest or controlling percentage of the voting securities of such Person/entity or otherwise controlling the other.
    2. 2. “Applicable Laws” shall mean the substantive and procedural laws of India, including all legislations, acts, rules, notifications, laws, statutes, orders, decree judgment, injunctions, ordinances, directives, regulations, codes, requirements, permits, licenses, approvals, instructions, standards of any government instrumentality, having the force of law.
    3. 3. “Confidential Information” means and includes any and all information and materials, whether tangible or intangible which is confidential to a Party or any of its Affiliates including any (a) business or commercial information, and processes or affairs of the Party, (b) any samples, formulations, specifications, data relating to manufacturing and quality control processes and procedures, (c) advertising and marketing plans, (d) any past, current or proposed development projects or plans for future development work, (e) proprietary, technical, marketing, financial, legal and commercial information whether relating to the past or current or future, (f) all customer related information including any rates and discounts, (g) details of operations and systems, Intellectual Property Rights, trade secrets, know-how, and (h) with respect to JOPL, shall include the End Customer Database, which are disclosed by a Party whether in oral, written or electronic form, (i) any Confidential Information disclosed prior to execution of the Seller Agreement.
    4. 4. “End Customer Database” shall mean all data / information (as may be updated from time to time) about the persons/ entities including their names, addresses, contact details, queries, Orders and other requests made available by such persons / entities on the Platform or otherwise captured by the Platform that shall further include the usage, behaviour, trends and other statistical information / data relating to such persons / entities, who (a) access the Platform or otherwise get invitation to the Platform or correspond with the Platform, (b) place any Order for Product(s) on the Platform, or (c) send any enquiry/ request with respect to the Platform, and shall include all analysis and records based on such aforementioned information, including the spending and other patterns of such persons/entities and Product(s). For the avoidance of doubt, any list, description or other grouping of consumers or customers or any derivative work from End Customer Database shall be deemed to be End Customer Database.
    5. 5. “include” or “including” shall be construed without limitation and any words introduced by those words or any similar expression shall be construed as illustrative only, and all derivatives of 'including' shall be construed accordingly.
    6. 6 “Intellectual Property” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets, trademarks, service marks, domain names, designs, utility models, tools, devices, models, methods, patents, copyright (including all copyright in any designs and any moral rights), masks rights, design right, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, software programs, data, documents, instruction manuals, records, memoranda, notes, user guides, including any goodwill or other value generated in connection with their use thereof, in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments. The End Customer Database shall be considered to be the Intellectual Property of JOPL.
    7. 7. “Intellectual Property Rights” means and includes (a) all rights, title or interest under any statute or under common law or under customary usage including in any Intellectual Property or any similar right, anywhere in the world, whether negotiable or not and whether registerable or not, (b) any licenses, permissions and grants in the Intellectual Property, (c) applications for any of the foregoing and the right to apply for them in any part of the world, and (d) all extensions and renewals thereto.
    8. 8. “Person”, including reference to a Party, shall include natural person, entity, partnership firm, organization, operation, Company, HUF, voluntary association, LLP, joint venture, trust, limited organization, unlimited organization or any other organization having legal capacity.
    9. 9. “Seller”, “you”, “You” means a legal person who is accessing / using the Seller Connect Platform for viewing and accepting of Seller Connect Policies and the Platform for the purpose of selling goods and services on the Platform.
    10. 10. “User”, “user” shall mean and include any Person accessing and utilizing Seller Connect Platform and/or the Platform for any purpose whatsoever.
    11. 11. “JOPL”, “us”, “Us”, “our”, “Our”, “we”, “We” means JSW One Platforms Limited.

       

    JOPL and the Seller shall hereinafter, except if expressly stated otherwise, be referred to individually as a “Party” and collectively as “Parties”.

  • 2. Seller Eligibility

     

    The use of the Seller Connect Platform and the Platform is available only to Persons who are 18 (eighteen) years of age or older and can form legally binding contracts under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you shall not register as a Seller on the Seller Connect Platform and/or the Platform, transact or use the Platform in any manner. JOPL reserves the right to terminate Seller’s registration and/or refuse you access to the Seller Connect Platform and/ or the Platform if it is brought to JOPL’s notice or discovered that you are under the age of 18 years, insolvent or in any manner barred from entering into a contract. JOPL reserves the right to refuse access to use the Seller Connect Services offered on the Platform to new users or to terminate access granted to existing Sellers at any time without according any reasons for doing so.

  • 3. Seller’s Account and Registration Obligations

     

    If you use the Seller Connect Platform and/ or the Platform, you shall be responsible for maintaining confidentiality of your display name, login and password details and all activities that occur with the use of 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 indefinitely suspend, terminate or block you from accessing the Seller Connect Platform and/ or the Platform.

  • 4. Communications

     

    When you use the Seller Connect Platform and/ or 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.

  • 5. Platform for Transaction and Communication

     

    Seller Connect Platform is for interaction between the Seller and JOPL only. On the Platform, the Seller may interact with other users of the Platform for their commercial transactions. JOPL is not and cannot be a party to or control in any manner any communications and/or transaction between users on the Platform.

    Consequently:

    1. (a) All Sale Prices, Reference Selling Price (in absence of the Seller providing the Sale Price) and other commercials/contractual terms are offered by you and agreed upon between you and the End Customer alone. The Sale Prices, Reference Selling Price (in absence of the Seller providing the Sale Price) and other commercials/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 Product(s) and services.
    2. (b) JOPL does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of such Sale Prices, Reference Selling Price (in absence of the Seller providing the Sale Price) commercials/contractual terms between you and the End Customer or any other user.
    3. (c) JOPL does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the goods or services proposed to be sold, offered to be sold or purchased on the Platform.
    4. (d) JOPL does not implicitly or explicitly support or endorse the sale or purchase of any Product(s), goods or services on the Platform, except for any conditions directly attributable under terms of the Seller Agreement and this ToU.
    5. (e) JOPL accepts no liability for any errors or omissions, whether on behalf of itself, Seller or any third parties.
    6. (f) JOPL is not responsible for any non-performance or breach of any contract between you and the End Customer.
    7. (g) JOPL cannot and does not guarantee that you and the End Customer concerned will perform transaction(s) concluded on the Platform.
    8. (h) JOPL shall not and is not required to mediate or resolve disputes or disagreements between you and End Customer.
    9. (i) JOPL does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Sellers and/or End Customers. You are advised to independently verify the bona fides of any particular End Customer you choose to deal with on the Platform and use your best judgment in that regard.
    10. (j) JOPL does not at any point in time during a transaction between you and an End Customer on the Platform come into or take possession of any of the Product(s) or services offered by you, gain title to or have any rights or claims over the Product(s) or services offered by you to the End Customer on the Platform.
    11. (k) At no time shall JOPL hold any right/title to or interest in the Product(s) nor have any obligations or liabilities with respect to such a contract between you and the End Customer. JOPL 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.
    12. (l) The Seller Connect Platform is only a webpage that can be utilized for viewing and accepting of Seller Connect Policies and does not allow sale or purchase of goods, Products, materials or services on the Seller Connect Platform.
    13. (m) The Platform is only a platform that can be utilized by you to reach a larger customer base to sell Product(s) or services. JOPL only provides a Platform for communication and it is agreed that the contract for sale of any Product(s) or services on the Platform shall be a strictly bipartite contract between you and the End Customer.
    14. (n) You release and indemnify JOPL and/or any of its officers, representatives and affiliates from any cost, damage, liability or other consequence of any of the actions of the Sellers or End Customers on the Platform and/or the Seller Connect Platform and specifically waive any claims that you may have in this behalf under any Applicable Law. Notwithstanding the reasonable efforts on its behalf, JOPL cannot control the information provided by other Sellers which is made available on the Platform. You may find other Seller’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform and the Seller Connect Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence. JOPL is merely an intermediary providing Seller Connect Services and it shall be the sole responsibility of the parties using the Platform and the Seller Connect Platform to ensure that they follow and adopt necessary data protection and privacy related measures while communicating on the Platform and the Seller Connect Platform, and to strictly comply with the terms and conditions of JOPL Privacy Policy (as uploaded on the Seller Connect Platform and updated from time to time) and Applicable Laws in this regard.

     

  • 6. Use of the Platform

     

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

    1. (a) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
      1. (i) belongs to another person and over which You have no right;
      2. (ii) 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 ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
      3. (iii) is false, inaccurate or misleading in any way;
      4. (iv) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
      5. (v) infringes upon or violates any third party's rights including intellectual property rights, rights of privacy (including unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;
      6. (vi) 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;
      7. (vii) contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
      8. (vii) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
      9. (ix) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
      10. (x) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
      11. (xi) tries to gain unauthorized access or exceeds the scope of authorized access to the Seller Connect Platform, Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform or Seller Connect Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform or Seller Connect Platform;
      12. (xi) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
      13. (xii) interferes with another’s use and enjoyment of the Platform;
      14. (xiv) refers to any platform/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other platform and content that is prohibited or violates the letter and spirit of ToU;
      15. (xv) violates any law for the time being in force;
      16. (xvi) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
      17. (xvii) 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;
      18. (xviii) 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;
      19. (xix) 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;
      20. (xx) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other Sellers.
    2. (b) 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 GST/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) and obtain the necessary licences and permits regarding Seller’s use of our Seller Connect Platform, Platform, Seller Connect Service and/or tools and Seller’s listing, purchase, solicitation of offers to purchase, and sale of Product(s) 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.
    3. (c) 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.
    4. (d) 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 Seller Connect Platform or the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include 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.
    5. (e) JOPL in its sole and absolute discretion may refuse to provide any one or more of the Seller Connect Services including Payment Facilitation Services for any reason whatsoever and especially if providing such Seller Connect Services to the Seller can be detrimental to the reputation, goodwill, and competitiveness of JOPL or could cause any breach of any contractual commitments of JOPL and cause JOPL to breach any Applicable Laws.
    6. (f) JOPL shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, you remain solely responsible for the content of the material you post on the Platform / Seller Connect Platform and in your private messages. Please be advised that such content posted does not reflect JOPL’s views. In no event shall JOPL 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.
    7. (g) JOPL shall have all the rights to take necessary action and claim damages that may occur due to Seller’s involvement/participation in any way on Seller’s own or through group(s) of people, intentionally or unintentionally, in denial of service.

       

  • 7. Selling

     

    1. (a) 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 Products 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 and pictures that describe Seller’s 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 the 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 End Customer. You agree not to list a single product in multiple quantities across various categories on the Platform. JOPL reserves the right to delete such multiple listings of the same product listed by you in various categories.
    2. (b) Sellers are required to submit their GSTIN/PAN/TAN details in order to comply with tax audits and to ensure a hassle-free tax assessment process. JOPL has now made it mandatory for their Sellers to submit PAN details. In addition, JOPL encourages its Sellers to submit TAN details for easier processing.

       

  • 8. Fulfilment/Logistics

     

    1. (a) Seller shall be solely responsible and liable for packaging, delivery, re-packaging, and reverse logistics of Products sold on the Platform, as applicable.
    2. (b) Such packaging, delivery, re-packaging and reverse logistics may be carried out either directly by the Seller or through a third party appointed by the Seller.
    3. (c) Seller understands and agrees that JOPL shall not be responsible for any loss, damage, costs or liabilities that may arise as a consequence of the delivery, installation, packaging, re-packaging, uninstallation, reverse logistics or any post-sale service provided by the Seller to the End Customer. Seller agrees to indemnify JOPL against any damage suffered by JOPL as a consequence of any breach or claims on JOPL with respect to such services provided by the Seller.
    4. (d) Seller agrees to observe the instructions and guidelines determined by JOPL with respect to shipment and regularly update the status of shipment against every Order on the Seller dashboard. The status may be updated as ‘dispatched’, ‘delivered’, ‘installed’ etc. (as appropriate).
    5. (e) In certain cases, the End Customer may opt for self-pick-up of the Product(s), in which case the Seller shall not be held responsible for logistics.
    6. (f) JOPL may, at its sole discretion, require the Seller to use specified packaging materials to be used for the Order(s), and it shall be the responsibility of the Seller to use only such packaging material provided and/or approved by JOPL to service the Order(s). Seller hereby agrees that such packaging material provided and/or approved by JOPL shall be solely used by the Seller to service Order(s) placed on the Platform and shall, under no circumstances, be used for sale of any product by the Seller through any other means.

       

  • 9. Order and Delivery

     

    1. (a) It shall be the sole responsibility of the Seller to keep its inventory related information updated on the Platform and Deliver the Product(s) to the End Customer as per the terms and conditions of the Seller Agreement, and the Seller Connect Policies. Seller shall manage and maintain sufficient inventory of the Products which the Seller offers to sell to End Customer on the Platform through Seller Connect Services and shall mandatorily deliver the Products as purchased by the End Customer within such timeline as defined under the Seller Agreement and the Seller Connect Policies or as mentioned on the Platform. The Seller shall provide inventory details of its Products to JOPL, to keep the Platform updated.
    2. (b) Order taken by the Platform as per Sale Price communicated by the Seller shall be available for Seller to confirm via email and/or on the Platform. The Seller shall be required to confirm within 24 hours, failing which it will be deemed confirmed.
    3. (c) The Seller can only reject/cancel the Order within 24 hour period with prior permission of JOPL subject to furnishing acceptable reasons for not being able to service the Order.
    4. (d) It is the Seller’s sole responsibility to Deliver the Product(s) to the End Customer as per confirmed/deemed confirmed Order. Any damages and/or loss sustained during transit is the Seller’s responsibility. Provided however that if the End Customer opts for a self-pick-up of the Product(s), the responsibility of the transit and liability for any damage / loss caused thereof will be on the End Customer.
    5. (e) On receiving an Order from the Platform, the Seller shall update JOPL, with every step of Delivery including status of processing, dispatch, Delivery and any complaints if received directly from the End Customer.
    6. Seller has the sole responsibility to arrange or subcontract the shipping of the Products. This arrangement does not create any relationship between JOPL with this third party and does not assign the obligations of the Seller under the Seller Agreement in any manner.
    7. (g) A request for early or late delivery by the End Customer will be entertained at the sole discretion of the Seller on a case to case basis.
    8. (h) A request for early or late delivery by the Seller will be entertained at the sole discretion of the End Customer on a case to case basis.
    9. (i) Within 24 hours of successful Delivery the Seller shall provide supporting documents signed by the End Customer as confirmation of receipt of Delivery. Such documentation may include a lorry receipt and/or e-way bill/invoice copy signed by the End Customer or such other document collection / delivery form required by JOPL.
    10. (j) In case the Seller fails to Deliver a confirmed Order, the Platform shall have the right to charge charges, costs, penalty and damages. Such charges recovered by JOPL may also be subject to GST, which will be charged over and above the fees.
    11. (k) If the Order is fulfilled less than 90% in terms of quantity, the End Customer shall have a right to reject such Order Delivery and the Sellershall be responsible for reverse freight and pickup of material at its own costs. In such case no payment shall be payable to the Seller by the End Customer and/ or the Platform. The Seller shall also refund JOPL any TCS and/or TDS that has been paid by JOPL for such cancelled Order(s) on behalf of the Seller. The Seller shall not deliver Products in excess of the quantity specified in the Order and shall be solely liable for any Product delivered in excess of the quantity specified in the Order. JOPL shall make the payments subject to receipt of such additional amount from the End Customer.
    12. (l) Seller shall update the tracking ID for each shipment on the Platform and/or via email as required by JOPL.

       

  • 10. End Customer Complaints

     

    1. (a) Seller has the sole responsibility of resolving any End Customer concerns that may arise, in accordance with the terms of the Seller Connect Policies.
    2. (b) Once a complaint or return/replacement request is raised by the End Customer, Seller shall arrange for a logistics partner / technician visit to End Customer’s location and shall resolve the complaint or mutually agree to a resolution plan to the satisfaction of the End Customer within 3 (three) business days from the date of such intimation. Any exception to this provision shall be mutually agreed between the Parties on a case-to-case basis and shall be recorded in writing.
    3. (c) In case a complaint is not resolved or a resolution plan is not reached within 3 (three) business days of receipt of such a complaint, JOPL shall determine the resolution plan which shall be binding upon the Seller. JOPL shall have a right to cancel the Order and Seller shall be responsible for reverse freight and pickup of material. In such case no payment shall be payable to the Seller by the End Customer and/or the Platform. The Platform shall have the right to charge penalty, damages/indemnity with respect to reputation, time delay and cost incurred to resolve the complaint.
    4. (d) The Seller shall keep JOPL informed of all status updates of resolution plans and any pursuant monetary settlement agreed. All settlements shall be done via the Platform.
    5. (e) Seller shall be solely responsible for arranging the logistics partner/technician visit, uninstallation (if required), repackaging, pick up and reverse logistics of the product from End Customer’s location in case of returns or replacement. Any exception to this provision shall be mutually agreed between the Parties on a case-to-case basis and shall be recorded in writing.

       

  • 11. Advertising, Marketing and Sales Promotion

     

    1. (a) JOPL as the proprietor and owner of the Seller Connect Platform, the Platform and Seller Connect Services may at its sole discretion carry out advertising and marketing activities in relation to promotion of the Seller Connect Platform, Platform, Seller Connect Services and Brand Name in any manner and to any extent as deemed fit by JOPL and for such purposes may engage in certain sales promotion activities to increase the sales of Product(s) on the Platform. JOPL and Seller may agree on certain terms on which Seller shall support such sales and marketing activities of JOPL including providing discounts, coupons on the Products or other free of cost goods and services to the End Customer. JOPL may also, at its sole discretion and on the request of the Seller, enter into promotional activities for such specific Seller.
    2. (b) JOPL may at its sole and absolute discretion on reasonable commercial efforts basis market, promote or advertise the Product(s) made available for sale by the Seller on the Platform in compliance with the Seller Agreement and Seller Connect Policies.
    3. (c) Where the Seller believes or is notified by other entity, including any third-party manufacturers of the Product(s), that any promotion plan/ activity undertaken by JOPL is against any Applicable Law or in breach of any contractual obligation of the Seller or such third-party manufacturer (in both cases supported by a written legal opinion from a reputed advocate), the Seller shall intimate the same to JOPL. Upon such intimation, JOPL shall, at its sole discretion, investigate the veracity of the intimation and if deemed fit cease such plan/ activities.
    4. (d) JOPL may allow third parties to serve advertisements, research and news on the Seller Connect Platform and the Platform. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research and news firms. The Seller agrees and undertakes not to use such third-party information and materials available on the Platform and the Seller Connect Platform for any purposes other than for the limited purpose of availing Seller Connect Services and further agrees not to misuse or use the said information and materials for any illegal purposes.

       

  • 12. 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 “Third –Party Content”) are third-party generated content and JOPL has no control over such Third-Party Content as JOPL is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Seller Connect Platform, the Platform and Third-Party Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, platform or other medium for publication, distribution or any commercial enterprise without JOPL’s prior written consent.

  • 13. Sale Price and Payment

     

    1. (a) Transactions, Sale Price, Reference Selling Price and all commercial terms such as Delivery, dispatch of Product(s) and/or services are as per principal to principal bipartite contractual obligations between Sellers and End Customers and the Payment Facilitation Services offered by JOPL are merely used by Sellers and End Customers to facilitate the completion of transactions. Use of the Payment Facilitation Services shall not render JOPL liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales support or warranty services or fraud as regards the Product(s) and/or services listed on the Platform.
    2. (b) You have specifically authorized JOPL or its authorized service providers to collect, process, facilitate, and remit payments, refunds and/or the transaction price electronically or through cash on delivery (“CoD”) to and from End Customer in respect of transactions through the Payment Facilitators. Seller’s relationship with JOPL is on a principal to principal basis and by accepting the ToU, you agree that JOPL is an independent contractor for all purposes and does not have control of or liability for the Products(s) or services that are listed on the Platform and paid for by using the Payment Facilitation Services. JOPL does not guarantee the identity of any user nor does it ensure that an End Customer or a Seller will complete a transaction.
    3. (c) You understand, accept, and agree that the Payment Facilitation Services provided by JOPL are neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or 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 Facilitation Services, JOPL neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
    4. (d) It is hereby clarified that CoD option may not be available for select Products or categories, at JOPL’s sole discretion.

       

  • 14. Taxes:

     

    1. (a) You are responsible for paying all fees associated with the use of the Seller Connect Platform and the Platform and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
    2. (b) Seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a Seller.
    3. (c) In the event Seller has made any excess payment to JOPL inadvertently, such excess payments can be set-off from any future payments payable by Seller to JOPL, only upon JOPL’s express consent in writing for the same.
    4. (d) JOPL may delay notifying the Order, i.e. informing Seller to dispatch if JOPL deems suspicious or an End Customer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, JOPL may hold payment received from End Customer at the request of law enforcement officials or in the event of an End Customer being engaged in any form of illegal activity.
    5. (e) Sellers acknowledge that JOPL will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction/transaction price that is beyond the control of JOPL.
    6. (f) Each Party shall be responsible for any and all personal taxes and taxes based on its net income or gross receipts. JOPL shall be entitled to charge GST or any other indirect tax on the Service Fees or any amounts receivable from the Seller for the Seller Connect Services and related services offered by it.
    7. (g) The Seller shall be solely liable for levying, collecting and remitting accurate taxes to the government including GST, in relation to all Products and services sold by it on the Platform. The Seller shall further solely be responsible for any income tax TCS / TDS to be collected / deducted and to be deposited with the government treasury and other related compliances to be done in relation to the sale of Products on the Platform, as applicable.
    8. (h) Similarly, all payments made to the Seller will be subject to GST and Tax collected at source (TCS), as applicable. Sellers agree to cooperate with and support JOPL in providing all necessary information and assistance in making any tax filings.
    9. (i) In case JOPL is obligated to make or makes any payment of tax (for and on behalf of a Seller), then such Seller shall duly reimburse all such taxes paid by JOPL within a period of 7 (seven) calendar days from receipt of such information from JOPL.
    10. (j) JOPL would be remitting the consideration, in relation to the sale of goods received from the End Customer, to the Seller subject to taxes to be deducted (TDS) / collected (TCS) at source, as may be applicable, including taxes to be deducted as an e-commerce operator on payment of consideration to the e-commerce participant, being Seller.
    11. (k) In case JOPL has made TCS and/or TDS payments on behalf of the Seller, on Orders undertaken by the Seller, which are later cancelled and/or complaint settlement, Seller shall duly reimburse all such taxes, as applicable, paid by JOPL within a period of 7 (seven) calendar days from receipt of such information from JOPL.

       

  • 15. Product Description

     

    JOPL 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.

  • 16. Audits

     

    JOPL shall have the right to inspect and audit Seller’s records (such as documents related to logistics, workmanship, traceability of Orders, quality of materials and processing of materials and the Order) and premises / place of business through itself or through JOPL approved third party testing agencies during regular business hours and subject to a reasonable advance notice by JOPL. The Seller shall provide necessary access to all requisite facilities and adequate and appropriate work space in order to conduct such audit. Cost of such audit shall solely be borne by JOPL unless audit reflects discrepancy in Seller accounts / non-compliance with the terms of the Seller Agreement, this ToU and/or other Seller Connect Policies, in which case cost of audit shall be borne by the Seller.

  • 17. Breach

     

    Without limiting other remedies, we may limit Seller’s activity, immediately remove Seller’s information, warn other users of Seller’s actions immediately, temporarily/indefinitely suspend/terminate/block Seller’s account and/or refuse you access to the Seller Connect Platform and/or the Platform in the event of, including but not limited to, the following:

    1. (a) if you breach any terms of the Seller Agreement or the Seller Connect Policies (if any);
    2. (b) if we are unable to verify or authenticate any information you provide; or
    3. (c) if it is believed that Seller’s actions may cause legal liability for Seller, other users, or Us.

    We may at any time, at our sole discretion, reinstate suspended Sellers. A Seller that has been suspended or blocked may not register or attempt to register with Us or use the Seller Connect Platform and/ or the Platform in any manner whatsoever until such time that such a Seller is reinstated by Us. Notwithstanding the foregoing, if you breach the ToU, Seller Connect Policies or other rules and policies, we reserve the right to recover any amounts due and owed by you to Us and take strict legal action, including a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

  • 18. Trademark complaint

     

    JOPL respects the Intellectual Property of others. In case you feel that your trademark has been infringed, you can write to JOPL at jswone.compliance@jsw.in.

    Copyright complaint

    JOPL respects the Intellectual Property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to JOPL at jswone.compliance@jsw.in.

    Trademark, Copyright and Restriction

    The Seller Connect Platform and the Platform are controlled and operated by JOPL and Products are sold by respective registered Sellers. All material on the Seller Connect Platform and the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other Intellectual Property Rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute JOPL’s or other Sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other Person to do so.

  • 19. Applicable Law

     

    The ToU shall be governed, interpreted, and construed in accordance with the Applicable Laws of India. The place of jurisdiction shall exclusively be Mumbai.

  • 20. Dispute Resolution

     

    1. (a) If any dispute between the Parties arises out of or in connection with the Seller Agreement or any of the Seller Connect Policies, inter alia including the breach, termination or invalidity thereof (“Dispute(s)”), the Parties shall, before initiating any legal proceedings, use all reasonable endeavours to negotiate and amicably settle the Dispute within 30 (thirty) days (or such longer period as the Parties may mutually agree) of a Party serving the other Party with a notice that a Dispute has arisen.
    2. (b) If the Parties fail to amicably resolve the Dispute, then the Dispute shall be referred to arbitration and shall be exclusively and finally determined by arbitration conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (“Act”), as amended from time to time and in force as on the date of commencement of the arbitration proceedings. The arbitration proceedings shall be conducted by a sole arbitrator to be appointed with mutual consent of the Parties (“Arbitral Tribunal”). If either Party fails to agree upon and appoint an arbitrator within 15 (fifteen) days of receiving the notice by the other Party invoking arbitration, then such appointment shall be made in accordance with the relevant provisions of the Act. The seat and venue of arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English language.
    3. (c) Notwithstanding provisions under sub-paragraph (b) above, the Parties agree to conduct the arbitration proceedings remotely and virtually through video conferencing, for more expeditious resolution of the dispute in the interest of time. The provisions pertaining to 'Fast Track Proceedings' under section 29B of the Act shall be applicable to the arbitration proceedings invoked under sub-paragraph (a) above.  Notwithstanding the same, the Arbitral Tribunal may, before commencement of the arbitration proceedings, advise the Parties to conduct the proceedings in-person, if deemed necessary in the best interest of the Parties. Each Party shall cooperate in good faith to expedite the conduct of any arbitration proceedings commenced, to the maximum extent possible.
    4. (d) The Arbitral Tribunal shall conduct the arbitration proceedings in a speedy manner and shall pass its award expeditiously, in writing with detailed reasoning therein, in accordance with sub-paragraph (c) above herein above and such arbitral award shall be final and binding on the Parties. The award passed by the Arbitral Tribunal shall be confidential and conclusive and the Parties agree to be bound thereby and to act accordingly. Each Party shall bear its own costs, expenses, fees, disbursements and other charges of counsels and professional advisors, in connection with the arbitration proceedings except as may be otherwise determined by the Arbitral Tribunal. The cost of the arbitration proceedings shall be borne equally by the Parties unless otherwise determined by the Arbitral Tribunal.
    5. (e) The Arbitral Tribunal constituted hereunder may consolidate the hearing of Disputes under arbitration, if it determines that (a) there are issues of fact or law common to the proceedings such that a consolidated proceeding would be more efficient than multiple separate proceedings; and (b) no Party would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings by different arbitral tribunals regarding this issue of whether multiple arbitration proceedings should be consolidated, the ruling of the Arbitral Tribunal first constituted shall prevail.
    6. (f) Notwithstanding the existence of any Dispute or commencement of any arbitration proceedings in accordance with the provisions of this paragraph 20, the rights and obligations of the Parties under the Seller Agreement shall remain valid and enforceable. Except for the matters under dispute before Arbitral Tribunal, the Parties shall continue to perform and fulfil their respective rights and obligations under the Seller Agreement, unless the same is impossible without resolution of the said Dispute.

       

  • 21. Sale in India Only

     

    Unless otherwise specified, the Products and services on the Platform is presented solely for the purpose of sale in India. JOPL makes no representation that the Products and services on the Platform is appropriate or available for use in other locations/countries other than India.

  • 22. Publicity and Announcements

     

    Unless required by law, the Seller will not make any public announcement or issue any press release concerning the transactions contemplated by the Seller Agreement or the Seller Connect Policies or on the Seller Connect Platform / Platform without the prior consent of JOPL or do, cause, or authorize to be done, anything which will or may do, cause or authorize to be done anything which will or may (a) impair, damage or be detrimental to the rights, reputation and goodwill associated with JOPL, its Affiliates, shareholders or directors and/or the Brand Name; (b) bring the Brand Name, Seller Connect Platformand/or the Platform into disrepute or any claim by third parties; or (c) may jeopardize or invalidate the Brand Name, Seller Connect Platformand/or Platform registration or any rights associated thereto. If the Seller is obliged to make or issue any announcement or press release by law or by any authority, the Seller so obliged shall consult JOPL as regards the contents of the said announcement or disclosure and take written approval of JOPL before it is made or issued.

  • 23. Force Majeure

     

    1. (a) “Force Majeure” shall mean an event or circumstance or combination of events and circumstances which are beyond the reasonable control of the Parties which could not at the time of concluding the Seller Agreement or accessing the Seller Connect Policies be foreseen and that prevent either of them from wholly or partially performing any duties or obligations under the Seller Agreement. For the purpose of the Seller Agreement, “Force Majeure” shall inter alia include the following: act of government, war (whether declared or not), invasion, act of foreign or internal enemies, rebellion terrorism, revolution, insurrection, military, or usurped power, civil war, riot, munitions of war, sabotage, natural catastrophes such as earthquake, hurricane, typhoon, epidemics, pandemics, volcanic activity, adverse severe forces of nature, business exigencies of JOPL or its Affiliates or acts of God. Provided that, the following events shall not be construed as a Force Majeure: (a) financial distress of the Seller; (b) weather conditions, regardless of severity; (c) breakdown of any equipment, plant or machinery used by the Seller; (d) results from non-compliance with any Applicable Law by the Seller or the Seller’s inability to obtain any permit, quota, license, clearance from any Authority; (e) the reduction, depletion, shortage, curtailment, or cessation of Seller’s supplies, fuel, labour or reserves; and/ or (f) strike/ stoppage of operations by the personnel of the Seller for reasons attributable to the Seller.
    2. (b) Notwithstanding anything contained in this paragraph, the ongoing COVID -19 pandemic outbreak shall not be deemed as a Force Majeure event, as the Parties are aware of the current outbreak of the COVID-19 at the time of finalization/ execution of the Seller Agreement, which may impact their performance.
    3. (c) If either Party is prevented from performing any of its obligations under the Seller Agreement or the Seller Connect Policies by such Force Majeure event, such Party shall give to the other Party a written notice within 14 (fourteen) days of occurrence of such events describing its effects supported by authentic evidence that are verifiable. On giving such notice, the affected Party shall be wholly or partially excused from the performance of its obligation to the extent it is so prevented by the Force Majeure condition. The period of any such non-performance or delay, together with such period as may be necessary for the restoration of any damage done during such delay shall be evaluated by the parties and, if necessary, shall extend the Term of the Seller Agreement accordingly.
    4. (d) The Parties shall bear their respective costs and expenses resulting out of such occurrence of Force Majeure. The affected Party shall use all reasonable efforts to minimize any delay in its performance due to the occurrence of Force Majeure. Neither Party shall be liable for any additional costs and/ or any claims for damages that may be incurred by the other Party due to Force Majeure or as a result of minimizing any delay in performance as provided hereinabove.
    5. (e) If the period of non-performance or delay exceeds beyond 60 (sixty) days and the Services could not be resumed under any circumstances, then both Parties shall meet to consult and agree on the necessary arrangement for further implementation of the Seller Agreement. In case no mutual agreement is reached within 10 (ten) days of such meeting, then either Party may terminate the Seller Agreement forthwith, but without prejudice to the rights and obligations of the Parties prior to such termination.

       

  • 24. Amendment and evolution of Seller Connect Policies on periodic basis

     

    JOPL may amend the Seller Connect Policies at any time by posting a revised version on the Seller Connect. All updates and amendments may be notified to the Seller on designated electronic mail address. Seller is advised to regularly check for any amendments or updates to the terms and conditions contained in the Seller Connect Policies. Seller’s using Platform or Seller Connect Services after JOPL’s amendment to the Seller Connect Policies shall be deemed to be Seller’s unconditional and absolute acceptance of such amendments (effective from the date such amendments were made by JOPL). If Seller does not agree to the change or amendments, Seller can cease using the Seller Connect Services (except for those Products which have been bought by the End Customer) and may terminate the Seller Agreement as provided therein.

     

PROHIBITED & RESTRICTED ITEMS POLICY (PRIP V 3.0)

Before a Seller lists an item, the Seller needs to find out if the item is allowed to be sold on the Platform as per the terms of the Seller Agreement and if the type of item is subject to certain restrictions, to avoid potential issues with Seller listing. As a Seller, you are ultimately responsible for making sure that selling an item is legal under Applicable Laws.

Violations of this Policy may result in a range of actions, including the following:

  • 1. listing cancellation;
  • 2. limits on account privileges;
  • 3. account suspension; and/or
  • 4. loss of special status.

When Policy violations occur, JOPL may email the Seller as well as the Customer that a listing has been ended. You may contact JOPL to report violations by sending an email to jswone.compliance@jsw.in.

Rules on Prohibited and Restricted Items

Policies about listing items are generally guided by the applicable law in force. However, many items that are not necessarily prohibited by law have been termed as prohibited and restricted in the list below as they may involve the sale of dangerous or sensitive items. The limitations are a result of the input by numerous stakeholders, including the community.

It is also important to respect third-party intellectual property rights and Sellers must have legal rights to sell Products they list.

Prohibited and Restricted Items List:*

  • 1. Adult Material
  • 2. Alcohol, Wine and Liquor
  • 3. Animal and Wildlife products or hides/skins/teeth, nails and other parts etc. of animals
  • 4. Antiques and Artefacts
  • 5. Beta Software
  • 6. Bootleg / Pirated Software
  • 7.Catalogue and URL sales
  • 8. Used Clothing
  • 9. Compilation and Information Media
  • 10. Contact Information and user databases
  • 11. Contracts
  • 12. Copyrights
  • 13. Counterfeit Currency and Stamps
  • 14. Downloadable media (Unless expressly permitted by JOPL)
  • 15. Drugs
  • 16. Electronic / Digital Surveillance Equipment (Unless permitted by law)
  • 17. Event Tickets
  • 18. Firearms, Ammunition, Militaria and Weapons
  • 19. Explosives and Explosive substances
  • 20. Games Software
  • 21. Government ID’s and Licenses
  • 22. Hazardous and restricted products
  • 23. Human parts and remains
  • 24. Importation of Products - examples include CDs that were intended only for distribution in a certain country
  • 25. Items encouraging illegal activities
  • 26. Misleading titles
  • 27. Movie prints
  • 28. Offensive material
  • 29. Police, Army, Navy and Air Force related items
  • 30. Prohibited services
  • 31. Promotional items
  • 32. Real Estate
  • 33. Replica and counterfeit items
  • 34. Ringtones
  • 35. Stolen property
  • 36. Tobacco and related products
  • 37. Trademarks and Patents
  • 38. Travel
  • 39. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
  • 40. Copyright unlocking devices which includes mod chips or other devices designed to circumvent copyright protection
  • 41. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
  • 42. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
  • 43. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property
  • 44. Illegal products which includes materials, products, or information promoting illegal products or enabling illegal acts
  • 45. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes
  • 46. Offensive products which includes literature, products or other materials that:
  • 47. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred
  • 48. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
  • 49. Pyrotechnic devices and hazardous materials which includes fireworks and related products; toxic, flammable, and radioactive materials and substances
  • 50. Regulated products which includes air bags; batteries containing mercury; freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; products regulated by government or other agency specifications
  • 51. Securities, which includes stocks, bonds, or related financial products
  • 52. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
  • 53. Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products
  • 54. Wholesale currency which includes discounted currencies or currency exchanges
  • 55. Multi-Level marketing collection fees
  • 56. Matrix sites or sites using a matrix scheme approach
  • 57. Work-at-home information
  • 58. Drop-shipped merchandise
  • 59. Any product or service which is not in compliance with all Applicable Laws and regulations whether federal, state, local or international including the laws of India.

*The above list is merely indicative and not exhaustive. JOPL may at its sole discretion, amend or modify this list.

SELLER CODE OF CONDUCT (SCoC V 3.0)

Seller shall comply and ensure that its logistic partner complies (Seller and its logistics partner hereinafter collectively, solely for the purposes of this Code of Conduct, referred to as the “Parties”) with the following Code of Conduct at all times.

  • 1. Compliance with Applicable Laws and Anti-Bribery

     

    Parties must comply with all Applicable Laws and regulations. JOPL has no tolerance for bribery or corruption in any aspect of its business. JOPL’s policy prohibits engaging in any form of corruption, bribery, kickback, extortion, embezzlement or money laundering. JOPL 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 JOPL’s policy set forth herein.

  • 2. Statutory Compliances

     

    1. (a) Seller shall perform its obligations and duties diligently, prudently, honestly, efficiently and with sufficient amount of care and caution as is necessary for security and safety, reputation etc. in relation to the property and reputation of JOPL.
    2. (b) Seller will comply with the provisions of Applicable Laws, as applicable to the scope agreed hereunder and shall obtain all necessary registrations, licenses, approvals and sanctions under the laws applicable thereto.
    3. (c) Seller shall maintain all relevant records / registers as stipulated under the Applicable Laws and also shall file various periodical returns etc. within the prescribed period under the Applicable Law.
    4. (d) Seller shall be fully responsible and liable for any acts of gross negligence, omissions and commissions or wilful misconduct on the part of the Seller under the Seller Agreement and shall indemnify and keep harmless JOPL from and against any loss, damage or expenses thereby caused to JOPL.

       

  • 3. Data Protection and Privacy:

     

    1. (a) Seller shall ensure that it has adequate systems in place to protect and safeguard any personal or sensitive personal information that it will be dealing with and shall at all times be compliant with the data protection regulations applicable to it in the relevant jurisdictions where it operates or conducts its business.
    2. (b) Any processing of personal data shall be backed by consent of the data subject or the owner of such personal information and any illegal dealing/processing of data shall or breach of the data protection laws or policies shall be treated as a breach of the Seller Agreement.
    3. (c) If any personal information pertaining to any JOPL personnel or End Customer is made available to the Seller during the Term of the Seller Agreement, the Seller shall at all times ensure that such data shall be kept confidential and shall not be processed contrary to the explicit terms of the Seller Agreement and the consent of such individual. JOPL shall not be liable for any compliance with the Applicable Laws on behalf of the Seller in relation to personal data in possession of the Seller.

       

  • 4. No Disparagement

     

    Seller understands and acknowledges that the Brand Name and reputation of JOPL is of utmost importance for its business and that the conduct of the Seller in the performance of its obligations under the Seller Agreement and otherwise would have material impact and bearing on such Brand Name and reputation of JOPL. Further the Seller understands and acknowledges that the obligations and covenants placed on the Seller in this paragraph or elsewhere in the Seller Agreement or Seller Connect Policies are essential for the maintenance of quality control and protection of Brand Name, and to ensure timely payments to the Seller. Accordingly, the Seller acknowledges that no hardship or onerous obligation is being placed on the Seller under the Seller Agreement or the Seller Connect Policies.

     

  • 5. No Discrimination or Harassment

     

    Parties shall not discriminate in hiring or employment practices on the basis of race, national origin, gender, age, sexual orientation, citizenship, marital status, disability, veteran status or religion. Parties shall provide a workplace free from unlawful harassment. Parties shall comply with all Applicable Laws and regulations regarding employment, including such laws and regulations related to minimum wage, maximum work hours, overtime and benefits. Contractors shall only employ individuals who are above the minimum working age as set forth in Applicable Laws and regulations.

     

  • 6. Safe Work Environment

     

    Parties shall maintain a safe and sanitary workplace that includes appropriate protective equipment, and is in compliance with applicable environmental, health and safety laws, rules and regulations. JOPL recognizes the importance of our environment and natural resources, and advises the Parties to embrace the responsibility to society for prudently using natural resources and preventing harm to the environment. Parties shall comply with applicable environmental laws and regulations, including obtaining required environmental permits, providing required environmental reports, properly controlling air, land and water emissions and properly disposing of chemicals and waste products.

     

  • 7. 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.

     

    Intellectual Property Rights in Relation to Brand Name

    1. (a) Parties acknowledge JOPL’s absolute ownership of, interest in and rights to the Brand Name, Seller Connect Platform and the Platform.
    2. (b) Without limitation to the foregoing, Parties acknowledge and agree that all goodwill in or associated with the Brand Name, including any goodwill generated or arising by or through JOPL’s or Seller’s activities pursuant to the Seller Agreement shall accrue for the benefit of and shall belong exclusively to JOPL.
    3. (c) No right or interest in the Brand Name are granted or deemed to be granted by JOPL to the Parties.
    4. (d) Seller shall not use or register anywhere in the world, the Brand Name or any other trade mark, trade name or domain name, except as authorized under the Seller Agreement, which, in JOPL’s reasonable opinion, is identical, improvement over, dilution of, combination involving or confusingly similar to, the Brand Name or, that constitutes any translation thereof into any language.
    5. (e) Seller shall not make any representation or do any act which may be taken to indicate that it has any right, title or interest in or to the Brand Name.

       

    Intellectual Property Rights in Relation to JOPL Content and Seller Connect Services

     

    JOPL shall retain sole ownership of all Intellectual Properties, know-how or other proprietary rights in JOPL Content and Seller Connect Services and no right or interest is granted or shall be deemed to be granted by JOPL to the Parties. To the extent JOPL Content contains any proprietary content or information of the Seller, the Seller hereby grants a royalty-free and world-wide license to such content or information including a right to creative derivative product of such content or information.

  • 8. Confidential and Proprietary Information

     

    Each Party hereby agrees to keep confidential, the Confidential Information shared by the other Party and the End Customer and use such Confidential Information solely in connection with the performance of the Seller Agreement. No Party shall disclose such Confidential Information in whole or in part to any other person without the disclosing Party’s prior written consent, except to the receiving Party’s employees, agents and sub-contractors involved in the performance of the Seller Agreement on a confidential and need-to-know basis and provided that employees, agents and sub-contractors are bound by confidentiality obligations which are at least as stringent as the provisions of the Seller Agreement. 

     

    The aforementioned confidentiality obligations shall not extend to Confidential Information which (a) has ceased to be confidential without default on the part of the receiving Party; (b) has been received from a third party who did not receive it in confidence; (c) the receiving Party is required by any court, government or other regulatory body to disclose, but only to the extent required by law, provided that the receiving Party gives the disclosing Party prompt written notice of such requirement and consult in good faith the disclosing party on the content and manner of any disclosure.

     

    Upon request and instructions of the disclosing Party in writing, or upon termination of the Seller Agreement, the receiving Party must deliver to the disclosing Party in any medium, or destroy and certify the destruction of all documents and other materials, in any medium in its possession or control which contain or refer to the disclosing Party’s Confidential Information to the reasonable satisfaction of the Disclosing Party.

     

  • 9. Independent Contractors and Independent Rights

     

    The relationship between Parties is on a principal to principal basis. Nothing in the Seller Agreement or the Seller Connect Policies shall be deemed to constitute either Party a partner, joint venture agent or legal representative of the other Party, or to create any fiduciary, employer-employee relationship between the Parties. Each of the rights of the Parties hereto under the Seller Agreement and the Seller Connect Policies are independent, cumulative and without prejudice to all other rights available to them, and the exercise or non-exercise of any such right shall not prejudice or constitute a waiver of any other right of the Party, whether under the Seller Agreement, Seller Connect Policies or otherwise.

     

  • 10. Documents for JOPL’s internal diligence

     

    Seller shall deliver to JOPL, all necessary details and documentation required by JOPL for its internal processing requirements, including:

    1. (a) Legal name of the Seller.
    2. (b) Nature of the entity (public limited company/ private limited company/ one person company/ limited liability partnership/ partnership firm/ sole proprietorship/ societies/ trusts/ other).
    3. (c) Registration document of the entity (certificate of incorporation/ certificate of registration/ partnership deed/ trust deed/ shop and establishment license, as applicable).
    4. (d) Articles of association and memorandum of association (if applicable).
    5. (e) Name and photo identification proof of the authorised signatory executing the Seller Agreement.
    6. (f) PAN card and GST certificate.
    7. (g) MSME certificate (if applicable).
    8. (h) Audited financial statements of the last 3 (three) years, and copies of the annual financial statements within 1 (one) month of the financials being disclosed by the Seller each financial year.
    9. (i) Undertaking confirming that:
      • The Seller is a corporation duly organized, validly existing, and in good standing under the laws of its incorporation;
      • There have been no instances of (i) any conflict of interest between a JSW Group entity and the Seller; and/or (ii) any previous history of an agreement being terminated for default of the Seller; and/or (iii) any dispute with the Seller;
      • The authorised signatory of the Seller executing the Seller Agreement has a valid digital signature certificate;
      • There are no trade embargoes issued against the country of incorporation of the Seller or the Seller; and
      • The signatory executing the Seller Agreement on behalf of the Seller is an authorised signatory of the Seller and has the full power and authority to enter into, execute and deliver the Seller Agreement and all other documents executed between the Seller and JOPL or any other party. Each agreement executed by such signatory constitutes (or when executed, will constitute) legal, valid and binding obligations of the Seller in accordance with their respective terms.

         

  • 11. Notices and Correspondences

     

    All notices from the Seller to JOPL will be sent to the address set forth below in accordance with the Seller Agreement:

     

     

    1. For JOPL:

       

    2. Kind Attn: Ms. Sherien Kaul

       

    3. Address: Grand Palladium, 6th Floor, CST Road, Kalina, Mumbai 400098

       

    4. Email ID: jswone.compliance@jsw.in

       

    5. Phone number: +91 22 6854 2400
    6. When the Seller uses the Platform, Seller Connect Platform or any webpage or sends emails or other data, information or communication to JOPL, Seller agrees and understands that the Seller is communicating with JOPL through electronic records and the Seller consents to receive communications via electronic records from JOPL periodically and as and when required. JOPL will communicate with the Seller by email at the designated electronic mail address provided by the Seller at the time of registration.

       

SELLER BLACKLISTING POLICY (SBP V 3.0)

The Seller Blacklisting Policy has been designed to maintain standards and ensure consistent quality at JOPL. In addition, the Policy is also applicable in cases related to behavioural issues (personal or company level) or violation of specific policies listed out by JOPL.

The following reasons would lead to blacklisting of a Seller:

  • 1. Selling Fake / Sub-standard Products:

     

    Seller must ensure that all the listed items are genuine. If the Seller attempts to sell fake and/or sub-standard products on the portal, it will be blacklisted. JOPL is against the sale of replicas, counterfeit products, products infringing trademark or copyright, imitations of the original product or unauthorised materials. An attempt to sell any of these will lead to blacklisting. You must refrain from doing the following:

    1. (a) Using a trademark/ logo, whether on a product or in any other manner that you don’t own or have acquired the licence in respect of or have authority to affix/ emboss on Seller’s private label product
    2. (b) Using the name of a brand that you don’t own or have the authority to use in the title of Seller’s product or in the listing attribute “Brand” or as Seller’s display name
    3. (c) Using the name of another brand as a search query for Seller’s private label product
    4. (d) Listing a compatible accessory as a branded accessory (Ex: charger compatible for Apple iPhone should not be represented as an Apple charger). In such a case using the words” compatible with” is necessary.

       

  • 2. Copyright:

     

    A right held by the creator in certain creative works such as literature, artistic works, paintings, music, computer programs, sound recordings and films. A copyright gives the creator of an original work exclusive rights to it and to license it to others. Examples: The images uploaded by a Seller for a product is a copyright image owned by that Seller and cannot be used by another Seller without permission.  Images available on Google Search are owned by third parties and permission will be required to use the same.

     

  • 3. Breach of Seller Agreement:

     

    In situations where the Seller is found in breach of the Seller Agreement. Under this situation, the entire portfolio of the Seller is subject to being delisted.

     

  • 4. Disputes:

     

    Sellers who have a high number of disputes raised against them by End Customer will be blacklisted.

     

  • 5. Negative Feedback:

     

    If a Seller consistently receives negative feedback from End Customer, he/she will be blacklisted.

     

  • 6. Threat and abuse:

     

    JOPL expects its Sellers, as our business partners, to be courteous, professional and respectful while interacting with us via email or any other form of communication. Failing to do so, a Seller will be given two initial warnings and will then be blacklisted. The following will be considered as threat and abuse:

    1. 1. Threat of bodily harm via email/phone or chat
    2. 2. Misuse of JOPL's system
    3. 3. Spoof (fake) email
    4. 4. Spam
    5. 5. Offers to buy or sell outside the portal

       

    Threats of physical harm via email, phone calls or public message boards will be dealt with seriously. Failure to take correct measures will lead to blacklisting of the Seller.

  • 7. Fake Reviews/Ratings:

     

    If a Seller is found or reported to be posting fake reviews or ratings on the portal for their products or someone else's, either to increase or diminish sales, his account will be blacklisted.

     

  • 8. Missing Products/Irrelevant Material:

     

    If a Seller is found shipping empty boxes or boxes filled with irrelevant material (example: Stones, pebbles, garbage etc.) instead of the actual product to the Customer, he/she will be blacklisted.

     

  • 9. Fraud:

     

    Wilful intention to commit fraud against fellow Sellers, End Customer or JOPL will lead to blacklisting.

     

  • 10. Packaging issues:

     

    Repeated use of poor-quality packaging/ using JOPL’s competitors packaging may lead to blacklisting.

     

  • 11. Linked accounts:

     

    If a Seller holds multiple accounts, all the accounts will be blacklisted as per the blacklisting policy.

     

  • 12. Acting against the interest of the Platform:

     

    If the Seller acts in any manner that is in breach of the Seller Connect Policies or results in ill repute to the Platform or Seller Connect Platform, and/or affects the business and reputation of the Platform and JOPL shall be blacklisted immediately by the Seller Connect Platform and the Platform after a mere notification of the same to the Seller. JOPL’s decision in this regard shall be final and binding on the parties.

 

SELLER PRIVACY POLICY (SPP V 3.0)

In accordance with the SPDI Rules, any sensitive personal data or information of a person means and includes such personal information about that person relating to:

  • 1. Passwords;
  • 2. Financial information such as bank accounts, credit and debit card details or other payment instrument details;
  • 3. Physical, physiological and mental health condition;
  • 4. Sexual orientation;
  • 5. Medical records and history;
  • 6. Biometric information; and
  • 7. Information received by body corporates under lawful contract or otherwise.

Certain information provided by you may allow for your personal identification, including email addresses, telephone numbers and other contact information.

It may be noted that any information that is freely available in the public domain or accessible under the Right to Information Act, 2005, or any other law will not be regarded as sensitive personal data or information, or as personally identifiable information.

  • 1. Your Information
    1. 1.1 A condition of each Seller’s use of and access to the Seller Connect Platform and/or the Platform, is his/her/its acceptance of the terms of use (“Terms of Use”), which also involves acceptance of the terms of this Privacy Policy. Any Seller who does not agree with any provisions of the Terms of Use or this Privacy Policy is advised not to accept the Terms of Use on the Seller Connect Platform and not use the Seller Connect Platform and the Platform.
    2. 1.2 JOPL collects the following types of information about you when you use the Platform: Account Information, Demographic Information, Financial Information, Behavioural Information, Indirect Information (collectively, “Information”) and User Information.
    3. 1.3 In order to use the Seller Connect Platform and Platform, You may be required to provide Us with Your details including Your name, address, third party sign-in information shared on the other website (such as Facebook, Google, Twitter or Pinterest), contact number and email address, know-your customer (“KYC”) documents, GST registrations and related information, information regarding the services You browse and email communication by/with Us such as product enquiry, order and transaction related information, disputes or complaints (“Account Information”).
    4. 1.4 “Personal Information” is defined under the SPDI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such a person. Should any of the information defined below be classified as Personal Information, You hereby agree that We may collect, use, share, process and/or disclose the Personal Information for the purposes as set out in this Privacy Policy.
    5. 1.5 We may collect from You, information that is not unique to You, in the sense that it refers to selected population characteristics, such as Your postal code, IP location, URL and occupation (“Demographic Information”).
    6. 1.6 For the use of the Seller Connect Services, You may be required to pay JOPL with a credit card, electronic-transfer, debit card or other applicable modes of payments through JOPL’s third-party Payment Facilitators. Such third party Payment Facilitators may be required to collect certain financial information from You including, but not restricted to, Your credit / debit card number or Your bank account details, bank statements, annual reports, GST data (collectively referred to as “Financial Information”). All Financial Information collected from the Users by JOPL’s third-party Payment Facilitators will be used for billing and payment processes and evaluate and provide financing options. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which JOPL shall have no role to play.
    7. 1.7 We also collect information regarding how You use the Platform. This includes the areas of the Seller Connect Platform and/or Platform that You visit, and information about Your computer hardware and software including Your IP address, browser and operating system type, IMEI number and MAC address of the computer/device from where the Seller Connect Platform and/or Platform was accessed, domain names, access times, locations which may also include global positioning system coordinates or similar information regarding the location of the device using which the Seller has visited or used the Seller Connect Platform and/or the Platform, Your previous orders and transactions including the product and pricing details, transaction information and payment and browsing history (“Behavioural Information”).
    8. 1.8 Your use of certain third-party services on the Platform requires Us to collect such information as is considered necessary for that purpose (“Indirect Information”).
    9. 1.9 We also collect your details including information regarding your transactions on the Platform (including transaction history). We also collect details including Your information such as passwords, financial information such as bank account information or credit card or debit card or other payment instrument details, any other items of “sensitive personal data or information” as such term is defined under the SPDI Rules; identification code of your communication device which You use to access the Seller Connect Platform and/or the Platform or otherwise deal with any JOPL entity, any other Information that You provide during Your registration process, if any, on the Seller Connect Platform and/ or the Platform and any other information that You voluntarily choose to provide to us (“User Information”).
    10. 1.10 We may collect, receive or obtain Your Information (including details of Your transactions with our Affiliates) from our Affiliates, including JSW Steel Limited and its Affiliates (both for commercial and non-commercial purposes), to understand the activities of Users and for creation of a better overall experience for Users. The terms of this Privacy Policy shall apply to any such Information collected, received, stored, possessed, dealt with or otherwise handled by Us.
    11. 1.11 If any personal information, account-related information, demographic information, financial information, behavioural information or any other information pertaining to any personnel of JOPL or an End Customer is made available to you, you shall at all times ensure that such data shall be kept confidential and shall not be processed contrary to the explicit terms of the Seller Agreement and the consent of such person. JOPL shall not be liable for any compliance with Applicable Laws on your behalf in relation to such data in your possession.
    12. 1.12 JOPL may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. JOPL may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.
    13. 1.13 JOPL may choose to conduct contests and surveys to collect relevant information about the Users’ preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides while availing or signing-up for the Services and through any surveys or contests is used to help JOPL improve its services to meet the needs and preferences of Users.
    14. 1.14 JOPL has implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Financial Information and Personal Information that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. It is expressly stated that JOPL shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of JOPL including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
    15. 1.15 JOPL or its Affiliates, parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister concerns, service providers and service partners and other third parties (collectively referred to as “Other Parties”) may merge with or be acquired by another business entity. In such an event, JOPL and the Other Parties may be required to transfer the Personal Information to such merging or acquiring party, as the case may be. While sharing such Personal Information with the acquiring or merging entity, as the case may be, JOPL and the Other Parties shall make reasonable endeavours to ensure that the User’s Personal Information is duly protected by the acquiring or merging entity, as the case may be, by undertaking security measures prescribed under Applicable Laws.
    16. 1.16 JOPL may also disclose or transfer the personal and other information provided by Users, to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of the company. Any third party to which JOPL transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to JOPL.
    17. 1.17 JOPL may be required to disclose Personal Information or Financial Information to governmental institutions or authorities when such disclosure is requisitioned under any law or judicial decree or when JOPL, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
    18. 1.18 The User’s visit to and/or use of the Seller Connect Platform and/or the Platform and any dispute over privacy is subject to this Privacy Policy and the Terms of Use. JOPL may update this Privacy Policy at any time, with or without advance notice. JOPL shall not be required to notify the Users of any changes made to this Privacy Policy. It is your responsibility, in such cases, to review the terms of this Privacy Policy from time to time.
    19. 1.19 The User consents to JSW One reproducing / publishing all testimonials and reviews given by the User (whether on the Seller Connect Platform, Platform social media platforms, or in any other manner whatsoever) in relation to JSW One or any of the Services, together with the User’s name and location, on the Seller Connect Platform and Platform, on such page and in such position as JSW One may determine in their sole discretion. The User also hereby grants an unlimited, unconditional, irrevocable and royalty-free right to JSW One to use and/or discontinue usage of the User’s images, photographs, negatives, prints, digital reproductions, recordings, videos (including transcripts thereof) and/or testimonials (“Press Material”) provided by the User for use, publication, distribution, broadcasting, reproduction, editing, recording, posting, copyrighting, licensing, digitization and/or re-releasing in media publications including but not limited to YouTube ad videos, electronic document managements, newsletters, social media, website and/or affiliate television commercials, newsprints, brochures, fliers and / or pamphlets. The User agrees that JSW One may edit the testimonials and reviews provided by the User and reproduce / publish such edited or paraphrased versions of the testimonials and reviews on the Seller Connect Platform and the Platform and waives (i) any right to inspect or approve the Press Material that may be used separately or in conjunction with other electronic materials, (ii) any rights, title, claims or interest to control or approve their likeness in any publication and media (printed or electronic), whether that use is known to the User or unknown, and (iii) any right to royalties or other compensation arising from or related to the use, replication, publication or distribution of such Press Material. If the User has any concerns with the reproduction / publication of any testimonial or review provided by the User on the Seller Connect Platform or the Platform, the User may contact JSW One at jswone.compliance@jsw.in
    20. 1.20 If You use the Seller Connect Platform and/or the Platform on behalf of someone else (such as Your company, partnership or trust) You represent that You are authorised by such entity to accept this Privacy Policy on such entity’s behalf, and consent on behalf of such entity to our collection, use, sharing, processing and disclosure of such entity’s information as described in this Privacy Policy.
    21. 1.21 All the information provided to JOPL by a User, including Information, is voluntary. The User has the right to request the withdrawal of his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use. It is the User’s duty to ensure strict caution while giving out any Information about himself/herself/itself or his/her family members in use of any of the Services. JOPL does not endorse the content, messages or information found in any Services and therefore, JOPL specifically disclaims any liability with regard to the Services and any actions resulting from the User’s participation in any Services. As a condition to use the Services, you as a User agree to waive any claims against JOPL relating to the same, and to the extent such waiver may be ineffective, you agree to release any claims against JOPL relating to the same.

       

  • 2. Use of information

     

    1. 2.1 We may use Your Information for the following purposes:
      1. (a) To identify the User, to understand his/her/its needs and resolve disputes, if any;
      2. (b) To set up and manage Products and to enhance Seller Connect Services to meet the User’s requirements;
      3. (c) To provide ongoing service;
      4. (d) To meet legal and regulatory requirements;
      5. (e) To resolve technical issues and troubleshoot problems;
      6. (f) To aid JOPL in collecting monies from Users for transactions carried out on the Platform;
      7. (g) To keep Users appraised of JOPL’s (or third parties’) promotions and offers;
      8. (h) To customize User experience;
      9. (i) To advertise the Products and to increase the sale of Products;
      10. (j) To detect and protect JOPL from error, fraud and other criminal activities;
      11. (k) To enforce the Terms of Use; and
      12. (l) Other reasons which, prior to being put into effect, shall be communicated to the Users through an update carried out to this Privacy Policy. (collectively, the “Purposes”).
    2. 2.2 Additionally, we use Demographic Information, Behavioural and Indirect Information of the Users collectively, such as what areas Users visit most frequently and what Services Users access the most. Such data is used anonymously and in the aggregate. This information helps Us determine what is most beneficial for the Users.
    3. 2.3 The Financial Information collected from the Users is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. While JOPL shall make reasonable endeavours to ensure that the User’s Personal Information and the Financial Information is duly protected by undertaking security measures prescribed under Applicable Laws, the User is strongly advised to exercise discretion while providing Personal Information or Financial Information while using the Services given that the Internet is susceptible to security breaches.

       

  • 3. Disclosure of the information

     

    1. 3.1 We disclose Your Information to third parties in the manner specified below, including:
      1. (a) buyers on the Platform and third party service providers, financing partners and logistics partners, for the purposes of transacting on the Platform effectively;
      2. (b) disclosing Your Information to companies, agencies, individuals and other third parties who are authorised by Us to perform functions on our behalf. We may transfer Information or User Information to a third party (in India or outside India) such as buyers, affiliates, agents, contractors, third party service provides that process or will process Your information or User Information on our behalf including those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres, to improve the Platform;
      3. (c) We may share Your Information (including details of the Products and volume and value of the Products sold by you on the Platform) with our partners, Affiliates, manufacturers (including JSW Steel Limited and its Affiliates) and traders of the Products sold on the Platform (both for commercial and non-commercial purposes), so that they too may understand the activities of Users on the Platform and Products sale related information, and can contribute in creation of a better overall experience for Users. We may also share Your information with the partners and affiliates, other Platform visitors, and other third parties so that they can understand the kinds of visitors and how they use the Platform in order to serve advertisements and other kinds of marketing information to You on the Platform;
      4. (d) We may disclose and transfer Your Information or User Information to a third party who acquires the business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of the assets; or
      5. (e) we may disclose Your Information if legally required.
    2. 3.2 Subject to applicable law, we may, at Our sole discretion, transfer Information to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us under the terms hereof, whether located in India or any other country. By accessing and using the Seller Connect Platform and/or Platform, You accept the terms hereof and You hereby consent to the storage and processing of information in any of the above locations.

       

  • 4. Changes to Your Information

     

    1. 4.1 You may review, correct, update, change or delete Your Account Information or User Information on the Platform. You can delete any part of the Account Information or User Information or request us to delete your Account Information or User Information, which we would do, unless we must keep certain information for legal purposes.
    2. 4.2 We reserve the right to verify and authenticate Your identity and Your Account Information in order to ensure accurate delivery of Services. Access to or correction, updating or deletion of Your Account Information may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.

       

  • 5. Security of Your Information

     

    1. 5.1 We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect Your Information and User Information against loss, misuse, copying, damage or modification and unauthorized access or disclosure. Some of the security measures adopted by Us are:
      1. (a) we review Our information collection, usage, storage, processing and disclosure practices, including physical security measures, to guard against unauthorized access to systems; and
      2. (b) we restrict access to Your Information to Our employees, agents and partners who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.
    2. 5.2 All JOPL employees and data processors, who have access to and are associated with the processing of Personal Information or Financial Information provided by Users are obliged to respect the confidentiality of every User’s Personal Information or Financial Information.
    3. 5.3 All information collected from the Users by JOPL is maintained in electronic form on servers and/or cloud systems and shall be accessible by certain employees of JOPL. The User information may also be converted to physical form from time to time. Regardless of the manner of storage, JOPL shall make commercially reasonable endeavours to ensure that the User information is rendered confidential, and will disclose User information only in accordance with the terms of this Privacy Policy.
    4. 5.4 If You wish to cancel Your account or request that we no longer use Your information to provide You Seller Connect Services, contact Us at jswone.compliance@jsw.in. After a period of time, Your data may be anonymized and aggregated, and then may be held by Us as long as necessary for Us to provide the Seller Connect Services effectively, but Our use of the anonymized data will be solely for analytic purposes. Please note that Your withdrawal of consent or cancellation of account may result in Us not being able to provide You with the Seller Connect Services.
    5. 5.5 The Seller Connect Platform and the Platform use temporary cookies to store certain data. JOPL does not store personally identifiable information in the cookies. Information collected by JOPL, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by JOPL and may be used by JOPL and third-party service providers for technical administration of the Seller Connect Platform and the Platform, user administration, research, development, and other purposes. Additionally, JOPL may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to Other Parties.
    6. 5.6 A User may set or amend his/her/its web browsers to delete or disable cookies. If a User chooses to disable cookies on his/her/its computer, mobile telecommunication device, or any such device being used to access the Seller Connect Platform and/or the Platform, it may impair, degrade or restrict access to certain areas of the Platform. Merely closing the web browser should ordinarily clear all temporary cookies installed by JOPL. However, Users are encouraged to use the “clear cookies” functionality of their browsers to ensure deletion, as JOPL cannot guarantee, predict or provide for the behaviour of the equipment of all the Users.

       

  • 6. External links on the Seller Connect Platform / Platform

     

    1. 6.1 JOPL may allow other companies or entities to serve advertisements, research and news to Users and on the Seller Connect Platform and the Platform. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research and news firms. JOPL may target some advertisements to Users that fit a certain general profile. JOPL does not use personally identifiable information to target advertisements to specific Users. In the course of serving advertisements or optimising the Services to its Users, JOPL may allow authorised third parties to place or recognise a unique cookie on the User’s browser.
    2. 6.2 JOPL does not exercise control over the third-party websites displayed as links from within the Seller Connect Platform or the Platform. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit Personal Information or Financial Information from the Users, for which JOPL shall not be held responsible or liable. JOPL does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does JOPL guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by JOPL of such websites, the websites’ provider, or the information on the website.

       

  • 7. Opt-Out Policy

     

    1. 7.1 You agree and consent to receive all communications, including text messaging services or over-the-top communication services (including inter alia WhatsApp, Facebook Messenger, Telegram, Google, Signal, JioChat), at the mobile number provided by You, or any such number which may be provided to JOPL from time to time, even if such mobile number is registered under DND/NCPR list under the Telecom Regulatory Authority of India (TRAI) regulations. Notwithstanding Your registration with the National Do Not Call Registry (in the fully or partly blocked category under National Customer Preference Register set up by TRAI), You hereby express Your interest and accord informed consent to receive communications (including commercial communications) in relation to JOPL's services. You further confirm that no communication to You from JOPL or on behalf of JOPL shall be construed as “unsolicited commercial communication” under Regulation 2(bw) of the Telecom Commercial Communications Customer Preference Regulations, 2018 and You have specifically opted to receive communications in this regard on the mobile number provided by You or any such number which may be provided to JOPL from time to time. And for that purpose, You further authorise JOPL to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers of JOPL.
    2. 7.2 All Users may opt-out of receiving non-essential, promotional, or marketing-related communication from JOPL. You can address the said opt-out requests to the Grievance Officer. If a User wishes to remove his/her/its contact information from JOPL’s call/email lists and newsletters, the User can contact the Grievance Officer in this regard. JOPL however reserves the right to limit accessibility to the Seller Connect Platform / Platform and related services provided by it based on availability of information from the Users.

       

  • 8. End Customer Database

     

    The Seller agrees that (a) all the End Customer Database shall be proprietary to JOPL and treated as Confidential Information of JOPL for the purposes of the Seller Agreement; (b) JOPL shall be the sole and absolute owner and proprietor of the End Customer Database and thereby entitled to use, store and exploit the same in any manner as may be deem fit by JOPL and in accordance with the Privacy Policy on the Seller ConnectPlatform from time to time; (c) Seller shall not use the End Customer Database other than selling the Products by availing Seller Connect Services or required for law enforcement purposes; (d) no rights in or to the End Customer Database are deemed to have been granted to the Sellerand the Seller shall in no way sell, transfer or otherwise exploit the End Customer Database without the express written consent of JOPL; and (e) to the extent that the Seller derives any rights in the End Customer Database by virtue of it undertaking the Seller Business, the Seller shall hold such rights in trust for JOPL and shall further do and undertake to do all such acts to exclusively assign such rights in the End Customer Database to JOPL.

     

  • 9. Grievance Officer and Contact information

     

    Users can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. Any grievances in relation to the information shared by the User with JOPL may be brought to the attention of JOPL at

    1. Name: Sherien Kaul
    2. Address: Grand Palladium 6th Floor, CST Road, Kalina. Mumbai 400098.
    3. Email: jswone.compliance@jsw.in
    4. Phone Number: +91 22 6854 2400

       

  • 10. Applicable Law and Dispute Resolution

     

    The Privacy Policy and applicable additional terms/policies shall be governed by and interpreted and construed in accordance with the laws of India. Any disputes pertaining to the Privacy Policy shall be subject to the dispute resolution provisions provided for under the Terms of Use.

 

I have read and accept the above terms and conditions.

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