This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.gitagged.com (hereinafter referred to as “Website”) is owned by Geographical Indications Tagged World Premium Products Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at # 12, “3 & 4” th Floor, Bhakthi Complex, 13th Cross, 6th Sector, Service Road, HSR Layout, Bangalore 560102 India (hereinafter referred to as “GI Tagged”).
Your use of the Website and services and tools are governed by the following terms and conditions (“User Agreement”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Geographical Indications Tagged World Premium Products Private Limited and these terms and conditions including the policies constitute Your binding obligations, with GI Tagged.
For the purpose of these User Agreement, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. GI Tagged allows the User to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our”, “The Organization”/ “GITAGGED”, “GI Tagged”, “The Company” shall mean Geographical Indications Tagged World Premium Products Private Limited.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Shipping Reviews etc), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these User Agreement, at any time without any prior written notice to You. It is Your responsibility to review these User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these User Agreement, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the GI Tagged website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. GI Tagged reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to GI Tagged’s notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this User Agreement, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. GI Tagged is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
- Placement of order by a Buyer on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The GI Tagged retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by GI Tagged, shall be refunded to the Buyer. Further, the GI Tagged may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
- GI Tagged does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. GI Tagged does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. GI Tagged accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- GI Tagged cannot and does not guarantee that the concerned Buyers and/or Seller will perform any transaction concluded on the Website.
- GI Tagged does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- GI Tagged does not at any point of time during any transaction to the Buyer on the Website come into or take possession of any of the products or services nor does it at any point gain title to or have any rights or claims over the products or services offered to Buyer.
- At no time shall GI Tagged hold any right, title or interest over the products nor shall GI Tagged have any obligations or liabilities in respect of such contract entered with Buyers. GI Tagged is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. GI Tagged is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall GI Tagged hold any any right, title or interest over the products nor shall GI Tagged have any obligations or liabilities in respect of such contract. GI Tagged is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with GI tagged that You transact with.
- You release and indemnify GI Tagged and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GI Tagged cannot take responsibility or control the information provided by other Users which is made available on the Website.
Pricing on any product(s) as is reflected on the Website at times may due to some technical issue, typographical error or product information and may be incorrectly reflected and in such an event we may cancel your order(s). You release and indemnify GI Tagged and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GI Tagged cannot take responsibility or control the information provided by other Users which is made available on the Website.
Membership on the Website is free for buyers. GI Tagged does not charge any fee for browsing and buying on the Website. GI Tagged reserves the right to change its Fee Policy from time to time. In particular, GI Tagged may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event GI Tagged reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Geographical Indications Tagged World Premium Products Private Limited.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this User Agreement, GI Tagged’s prior written consent means a communication coming from GI Tagged’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these User Agreement.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms GI Tagged, gitagged.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of GI Tagged or otherwise tarnish or dilute any GI Tagged’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or GI Tagged’s systems or networks, or any systems or networks connected to GI Tagged.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You may not use the Website or any content for any purpose that is unlawful or prohibited by these User Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of GI Tagged and / or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to,products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these User Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Website. GI Tagged shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these User Agreement. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect GI Tagged views. In no event shall GI Tagged assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- GI Tagged shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your owner through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and GI Tagged has no control over such third party user generated content as GI Tagged is merely an intermediary for the purposes of this User Agreement.
Except as expressly provided in these User Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without GI Tagged’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, GI Tagged does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
GI Tagged will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. GI Tagged does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction.
- You have specifically authorized GI Tagged or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with GI Tagged is on a principal to principal basis and by accepting these User Agreement you agree that GI Tagged is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on GI Tagged’s Website that are paid for by using the Payment Facility. GI Tagged does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
- You understand, accept and agree that the payment facility provided by GI Tagged is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the GI Tagged Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, GI Tagged is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the GI Tagged to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the GI Tagged using Payment Facility.
- You, as a Buyer, may agree with the GI Tagged through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
- You, as a Buyer, shall electronically notify Payment Facility using the appropriate GI Tagged Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
- You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
- Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
- For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refund shall be conditional and shall be with recourse available to GI Tagged in case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with Policies.
- GI Tagged reserves the right to impose limits on the number of Transactions or Transaction Price which GI Tagged may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- GI Tagged reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with GI Tagged or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- GI Tagged may do such checks as it deems fit before approving the receipt of Buyer’s commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of GI Tagged. As a result of such check if GI Tagged is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
- GI Tagged may delay notifying the payment confirmation if GI Tagged deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, GI Tagged may hold Transaction Price and GI Tagged may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
- The Buyer acknowledge that GI Tagged will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of GI Tagged.
Compliance with Laws:
- Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and GI Tagged Website.
Buyer’s arrangement with Issuing Bank:
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
- By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).
- I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.
- You agree to indemnity and keep indemnifying GI Tagged and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Gitagged.com, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.
- I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Gitagged.com or the Manufacturer shall not be responsible for the same and I will not approach Gitagged.com for any retrieval of the data.
- I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.
- I agree to indemnity and keep indemnifying the Gitagged.com and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Gitagged.com, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.
- In relation to the customer sending the goods to us – customer understands it is his responsibility to ensure that the used products are delivered to the buyer whose central warehouse, Bangalore at # 12, “3 & 4” th Floor, Bhakthi Complex, 13th Cross, 6th Sector, Service Road, HSR Layout, Bangalore 560102 within 5 days of receiving the new product.
- In relation to shipping charges of return product – customer hereby understands that he has to pay the shipping charges.
- Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.
Intellectual Property Rights:
It is hereby specifically recorded that the copyright and other Intellectual Property in the music available on the Website is the sole and exclusive property of GI tagged or third parties. GI Tagged represents and warrants that GI Tagged are authorized by such third parties to upload the music on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this User Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indications, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of GI Tagged as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned herein above is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.
User Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
Unless otherwise specified, the material on the Website is presented for the purpose of sale in India and other parts of the world. GI Tagged does not guarantee that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and GI Tagged is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by GI Tagged. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
GI Tagged respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to GI Tagged at [email protected]69.173
GI Tagged, we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL GI TAGGED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE USER AGREEMENT, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please contact us for any questions or comments including all inquiries related to infringement regarding this Website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Raghunandan G V.,
Geographical Indications Tagged World Premium Products Private Limited,
# 12, “3 & 4” th Floor, Bhakthi Complex, 13th Cross, 6th Sector,
Service Road, HSR Layout,Bangalore 560102
Phone: +91 – 7676301111
Email: [email protected]
Time: Mon – Fri (09:00 – 18:00)
GI Tagged prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we ‘blur’ out the bulk of the offending word with asterisks (i.e., A*** or B***).
Please report any violations of this policy to the correct area for review:
- Report offensive Display Names
- Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.
GI Tagged will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension.
Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer . Following situations may arise:
- Item was defective
- Item was damaged during the Shipping
- Products was / were missing
- Wrong item was sent .
Return could also result in refund of money in most of the cases.
Buyer Protection Program*.
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund. Buyer needs to raise the return request within the return period applicable to the respective product.
In the event , the return request raised by the Buyer is accepted, Buyer will have to return the product and then the refund shall be credited to the Buyer’s account.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
- Jewellery: Should be “New” and returned with original packaging
- Clothing and Footwear: Should be “New & Unworn” (other than for trial)
- Beauty, Health & Personal Care: Should be “New & Unopened”
- Sports & Equipment: Should be “New” and returned with original packaging
- Office Products: Should be “New” and returned with original packaging
- Agricultural products: Should be returned with original packaging
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money. Shipping cost for returning the product shall be borne and incurred by buyer.
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:
- Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
- Shipping was damaged
- Item was defective
- Item Dead on Arrival
- Item(s) were missing
- Wrong item sent
- An intimation shall be provided to the Buyer either as “approval” or “rejection” of the replacement request.
- In case the replacement request is rejected, Buyer can choose to raise a dispute by writing to [email protected]
In case the GI tagged doesn’t have the product at all, GI Tagged can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
All shipping and other replacement charges shall be borne and incurred by the buyer.
Disputes Resolutions Policy
Generally, transactions are conducted smoothly on GI Tagged. However there may be some cases where the Buyers may face issues. At GI Tagged, we have a Dispute Resolution process in order to resolve disputes with respect to the buyer
What is a ‘dispute’?
A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
How does a ‘dispute’ occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
How is a ‘dispute’ created?
Whenever there is a disagreement, the Buyer can write to [email protected], in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of ‘disputes’?
Following are the indicative examples of potential disputes:
- Wrong item received
- Item Not as described
- Damaged or Seal broken on Product
- Part/Accessory missing
- Item not Compatible
- Seller Description/Specification Wrong
- Defective (Functional issues)
- Product not working and Manufacturer claims invalid Invoice
Buyer Protection Program
In case of a dispute where the GI Tagged is unable to provide a refund or a replacement, GI Tagged will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the GI Tagged or are not satisfied the resolution provided by GI Tagged.
The Buyer can write to [email protected] if the issue is not resolved. GI Tagged’s Customer Support team will look into the case. In due course of resolution, GI Tagged’s Customer Support Team will facilitate a conference call for dispute resolution.
When a dispute has been raised, GI Tagged may provide both the parties access Buyer’s Names, contact details including email addresses and other details pertaining to the dispute.
Buyer Eligibility and Restrictions
- Only the Buyers who have purchased the product on GI Tagged are eligible for the Buyer Protection Program.
- Buyers can file a dispute within 45 days from the date of delivery of the product
- Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.
- To be able to take advantage of the Buyer Protection Program, Buyers should first contact GI Tagged to resolve the issue. If the Buyer is unable to resolve the issue even after contact, a dispute can be raised with GI Tagged by writing an email to [email protected]
- Fraudulent charges and claims are not covered under Buyer Protection Program
- If the Buyer has already initiated charge back through the credit card issuing bank, it will not be covered under Buyer Protection Program.
- Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
- Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on GI Tagged. If the claim was withdrawn, it is not counted. The coverage amount will be limited to ₹25,000
- Through the Buyer Protection program, GI Tagged does not provide any guarantee/warranty to Buyers for products sold on GI Tagged against technical/manufacturing defects.
- Raising disputes against GI Tagged does not automatically entitle the Buyer to a refund or replacement for the product purchased. GI Tagged shall verify the disputes so raised and may process only such claims that are valid and genuine.
- GI Tagged shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer.
- Claims of the nature of ‘Buyer remorse’ (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
- GI Tagged reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, GI Tagged may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
- Decisions made by GI Tagged under the Buyer Protection Program shall be final and binding on its Users.
- GI Tagged reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
- Through this program, GI Tagged shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item.
- GI Tagged Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
- Item not received CB – Buyer hasn’t received the item. Refund will be created in accordance with the dispute policies
- Unauthorized CB – Buyer hasn’t made this particular transaction. Refund will be created in accordance with the dispute policies.
- Item not as described – meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by GI Tagged. GI Tagged encourages its Users to be professional, courteous and respectful when communicating by email.
However, GI Tagged will investigate and can take action on certain types of unwanted emails that violate GI Tagged policies.
- Threats of Bodily Harm – GI Tagged does not permit Users to send explicit threats of bodily harm.
- Misuse of GI Tagged System – GI Tagged allows Users to facilitate transactions through the GI Tagged system, but will investigate any misuse of this service.
- Spoof (Fake) email – GI Tagged will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.
- Spam (Unsolicited Commercial email) – GI Tagged’s spam policy applies only to unsolicited commercial messages sent by GI Tagged Users. GI Tagged Users are not allowed to send spam messages to other Users.
- Offers to Buy or Sell Outside of GI Tagged – GI Tagged prohibits email offers to buy or sell listed products outside of the GI Tagged Website. Offers of this nature are a potential fraud risk for both Buyer and Seller.
GI Tagged policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
GI Tagged does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, GI Tagged assumes no responsibility for examining or evaluating the products and services offered by them. GI Tagged do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). GI Tagged does not endorse, in any way, any third party website(s) or content thereof.
GI Tagged Infringement Verification (GIV) – Reporting Listing Violations
GI Tagged has put in place GI Tagged Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in GI Tagged’s interest to ensure that infringing products are removed from the site.
- If you are a Verified Rights Owner and want to report a listing issue, see GI Tagged’s GIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through GIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
- If your listing was removed through GIV, and you believe that your listing was removed in error, please contact us.
GIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. GIV participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on GI Tagged is encouraged to become a GIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits:
- Rapid response by GI Tagged in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
- Dedicated priority email queues for reporting alleged infringements
- The ability to obtain identifying information about GI Tagged’s users’
How to Become a GIV Member
To join the GIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable GI Tagged to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at [email protected]
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
Geographical Indications Tagged World Premium Products Pvt. Ltd.,
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
- I am the owner of certain intellectual property rights, said owner being named __________________ (“IP Owner”).
- I have a good faith belief that the item listings or materials identified in the Annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner’s rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
- I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Addendum to Notice of Infringement:
- List of Allegedly Infringing Listings, Products, or Materials
- A Note on Reason Codes: When identifying item numbers please use the reasons below.
- Select the most appropriate reason. Please associate each item you report with only one reason code.
- Trademark owner doesn’t make this type of product or has discontinued the production of the product
- Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
- Listing(s) has unlawful comparison to trademark owner’s brand or product
- Listing(s) contains unlawful use of trademark owner’s logo
- Software is being offered without any license or in violation of a license
- Item(s) is a bootleg recording;
- Item(s) is an unlawful copy ;
- Item(s) is unlawful duplication of printed material
- Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
- Listing(s) comprises unauthorized copy of copyrighted text
- Listing(s) comprises unauthorized copy of copyrighted image
- Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Item Number(s): ___________________________________________________________
- Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
- Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to [email protected]
The User Agreement, Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.