Last updated 9th oct 2024

THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2021 THAT REQUIRE PUBLISHING THE RULE AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF WWW.FILLCARTINDIA.COM WEBSITE.

THESE SALE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE BUYER AND THE SELLER. THE SELLER OFFERS TO SELL PRODUCTS BY LISTING THEM ON THE WEBSITE, AND THE BUYER ACCEPTS THIS OFFER BY AGREEING TO PURCHASE THE LISTED PRODUCTS. THESE SALE TERMS BECOME EFFECTIVE AND BINDING ON THE SELLER UPON THE SELLER’S ADVERTISING, EXHIBITING, AND LISTING OF THE PRODUCTS ON THE WEBSITE. THEY BECOME EFFECTIVE AND BINDING ON THE BUYER UPON THE BUYER’S AGREEMENT TO PURCHASE THE LISTED PRODUCTS.

PLEASE READ THESE SALES TERMS CAREFULLY BEFORE LISTING ANY PRODUCT OR BEFORE PURCHASING ANY PRODUCTS. THESE SALE TERMS ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, TERMS OF USE AND ALL OTHER POLICIES OF THE WEBSITE. SELLER MAY INCLUDE ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS OF SALE IN THE PRODUCT LISTING OR PRODUCT DESCRIPTION AS MADE AVAILABLE ON THE WEBSITE (‘ADDITIONAL SALE TERMS’). IF THERE IS ANY CONFLICT BETWEEN THESE SALE TERMS AND THE ADDITIONAL SALE TERMS, THE ADDITIONAL SALE TERMS SHALL TAKE PRECEDENCE TO THE EXTENT OF SUCH CONFLICT AND IN RELATION TO THAT SALE. IF A SELLER DOES NOT AGREE WITH THESE SALE TERMS, PLEASE DO NOT LIST OF MAKE ANY OFFER FOR SALE OF ANY PRODUCTS ON THE WEBSITE AND IF A BUYER DOES NOT AGREE TO THESE SALE TERMS AND ADDITIONAL SALE TERMS, PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCT LISTED ON THE WEBSITE.

These Sale Terms are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Sale Terms from time to time before listing any Product or before making any purchase of the Products. The revised Sale Terms shall be made available on the Website. If such a facility is provided, You may determine when these Sale Terms were last modified by referring to the “Last Updated” legend provided above.

You are requested to regularly visit the Website to view the most current Sale Terms. It shall be Your responsibility to check these Sale Terms periodically for changes and Buyer should also check Additional sale terms of the Seller on the Product listing. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Sale Terms will constitute Your acceptance of such changes or modifications.

2. Seller Registration:

In order to become a seller, completion of the registration process is required. This involves providing current, complete, and accurate information as the relevant registration form.

Eligibility Criteria

Age Requirement: Prospective sellers must be at least 18 years old to register.

Business Entity: Sellers have the option to register as individuals, sole proprietors, or business entities. It is imperative to provide proper documentation to verify the business entity.

Registration Process

Account Creation: Commence by creating an account on Fillcart. A valid email address and the creation of a secure password are prerequisites.

Personal Information: Provide your full name, contact details, and address. Ensure that all information is accurate and up-to-date.

Business Information: For those registering as a business, the business name, registration number, GSTIN (if applicable), and other pertinent details are required.

Bank Account Details: Submission of bank account information for payment disbursements, encompassing the account holder’s name, bank name, account number, and IFSC code, is mandatory.

Tax Information: Provision of your PAN (Permanent Account Number) and any other tax-related information mandated by law.

Documentation

Identity Verification: Submission of a copy of a government-issued ID (e.g., Aadhaar card, passport, driver’s license) is necessary for identity verification.

Business Verification: Submission of pertinent business documents, such as a business registration certificate, GST registration, and any other requisite licenses, is required.

Bank Verification: Provision of a cancelled cheque or bank statement to verify bank account details is mandatory.

Review and Approval

Verification Process: Our team will meticulously review your application and verify the provided information and documents. This process may require a few business days.

Approval Notification: Upon approval of your application, you will receive a confirmation email containing instructions on how to access your seller dashboard and commence listing products.

Get Ready to Succeed as a Seller!

Onboarding and Training

Seller Dashboard: Take charge of your success with the seller dashboard. Manage your account, list products, track orders, and view sales reports all in one place.

Training Resources: Unlock your potential with our comprehensive training resources. We provide training resources, including tutorials and guides, to help you navigate the platform and optimize your listings.

Support: Our dedicated customer support team is here for you every step of the way. We are committed to assisting you with any questions or issues during the registration process and beyond.

Stay Ahead with Compliance and Updates

Ongoing Compliance: Keep your account information accurate and up-to-date to ensure seamless operations. Promptly update any changes to your personal, business, or bank details.

Policy Adherence: Uphold all platform policies and guidelines to maintain your seller account in good standing and build a thriving business.

Termination of Registration

Voluntary Termination: You have the power to make decisions about your seller account. If you choose to terminate, simply reach out to our support team. Fulfill all outstanding orders and resolve any pending issues before doing so.

Involuntary Termination: Failure to comply with our terms of use, policies, or applicable laws may result in the suspension or termination of your seller account. Stay informed and avoid any disruptions to your business.

2. Product Listings: You are responsible for ensuring that all product listings are accurate, complete, and comply with all applicable laws and regulations. Misleading or false information is strictly prohibited. Fillcart 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.

Accuracy and Completeness

Detailed Descriptions: All product listings must include detailed and accurate descriptions. This includes product specifications, features, dimensions, materials, and any other relevant information that helps customers make informed purchasing decisions.

High-Quality Images: Listings must include high-quality images that accurately represent the product. Images should be clear, well-lit, and show the product from multiple angles.

Pricing Information: Prices must be clearly stated and include all applicable taxes and fees. Any discounts or promotions must be accurately reflected in the listed price.

Compliance with Laws and Regulations

Legal Requirements: All product listings must comply with applicable local, state, and national laws and regulations. This includes but is not limited to, consumer protection laws, labeling requirements, and safety standards.

Prohibited Items: Sellers must not list items that are prohibited by law or by Fillcart’s policies. This includes illegal items, hazardous materials, and items that violate intellectual property rights.

Prohibited Practices

Misleading Information: Providing false or misleading information in product listings is strictly prohibited. This includes exaggerating product features, making false claims, or omitting important information.

Keyword Spamming: Using irrelevant keywords or tags to manipulate search results is not allowed. Listings should only include keywords that are directly related to the product.

Duplicate Listings: Creating multiple listings for the same product to manipulate search rankings or increase visibility is prohibited. Each product should have a single, comprehensive listing.

Product Listing Guidelines:

It is your responsibility to ensure that all product listings are accurate, complete, and compliant with relevant laws and regulations. The inclusion of misleading or false information is strictly prohibited. Fillcart does not guarantee the accuracy, completeness, reliability, currency, or error-free nature of product descriptions or other content on the platform and assumes no liability in this regard.

Accuracy and Completeness:

Detailed Descriptions: All product listings must contain comprehensive and precise descriptions, encompassing product specifications, features, dimensions, materials, and any other pertinent information that aids customers in making well-informed purchasing decisions.

High-Quality Images: Listings should feature high-quality images that faithfully represent the product. These images must be clear, well-lit, and exhibit the product from various angles.

Pricing Information: Prices must be clearly stated and encompass all applicable taxes and fees. Any discounts or promotions must be accurately reflected in the listed price.

Compliance with Laws and Regulations:

Legal Requirements: All product listings must adhere to relevant local, state, and national laws and regulations, encompassing consumer protection laws, labeling requirements, and safety standards.

Prohibited Items: Sellers must refrain from listing items that are prohibited by law or Fillcart’s policies, including illegal items, hazardous materials, and items that infringe upon intellectual property rights.

Prohibited Practices:

Misleading Information: The provision of false or misleading information in product listings is strictly prohibited, encompassing the exaggeration of product features, making false claims, or omitting crucial information.

Keyword Spamming: The use of irrelevant keywords or tags to manipulate search results is not permitted. Listings should solely include keywords directly related to the product.

Duplicate Listings: Creating multiple listings for the same product to manipulate search rankings or enhance visibility is prohibited. Each product should be represented by a single, comprehensive listing.

Please ensure adherence to the following guidelines:

Updating Listings

Regular Updates: Sellers must routinely update their product listings to ensure the accuracy and currency of all information. This includes updating stock levels, prices, and any alterations to product specifications.

Discontinued Products: If a product is discontinued or no longer available, the listing must be promptly removed from the platform.

Customer Reviews and Feedback

Honest Reviews: Sellers must refrain from manipulating customer reviews or ratings. Encouraging candid feedback is imperative for upholding trust and transparency on the platform.

Responding to Feedback: Sellers should promptly and professionally address customer questions and feedback. Resolving concerns and providing supplementary information can enhance customer satisfaction.

Consequences of Non-Compliance

Listing Removal:

Any listings violating these policies will be expeditiously removed from the platform without prior notice.

Account Suspension: Repeated or severe violations may lead to the suspension or termination of the seller’s account.

Legal Action: Sellers may face legal repercussions if their listings contravene applicable laws or regulations.

Support and Resources

Guidelines and Training: Our E-commerce Platform offers guidelines and training resources to assist sellers in creating compliant and effective product listings. Sellers are encouraged to utilize these resources to enhance their listings.

Customer Support: Our customer support team is readily available to aid sellers with any inquiries or issues about product listings. Sellers can seek support for assistance with compliance, listing optimization, and other concerns.

3. Pricing and Payments:

You are required to set prices for your products in accordance with our pricing policies. Payments will be processed and disbursed according to our payment schedule.

Pricing Information:

The Selling Price of the Product is subject to change without prior notice before the Buyer’s purchase. The Selling Price, as provided by the Seller on the Website, is presented on an ‘as is’ basis. Technical errors may occur in the Selling Price, and the Seller reserves the right to rectify such errors at any time. The Buyer’s acceptance of an offer of sale for Products at a faulty Selling Price, at the Seller’s discretion, may not be considered a valid acceptance, and the Seller may opt to void such transaction. Unless stated otherwise, all prices are inclusive of GST.

Pricing Policies:

Competitive Pricing: Sellers are required to set competitive prices for their products, ensuring conformity with market standards and refraining from engaging in price gouging.

Price Accuracy: It is mandatory for all listed prices to be accurate and inclusive of applicable taxes and fees. Sellers bear the responsibility of updating prices to reflect changes in costs or market conditions.

Discounts and Promotions: Sellers may offer discounts and promotions, but they must be transparently stated and comply with our promotional guidelines. Any misleading or deceptive pricing practices are strictly prohibited.

Price Matching: If applicable, sellers must adhere to any price matching policies established by Fillcart, ensuring consistent prices across various sales channels.

Payment Processing

Payment Methods: Our platform supports a variety of payment methods, including credit/debit cards, net banking, UPI, and digital wallets. Sellers are required to maintain up-to-date payment information to facilitate disbursements.

Payment Schedule: Payments will be processed and disbursed to sellers based on our designated payment schedule, typically on a weekly, bi-weekly, or monthly basis. The specific schedule will be communicated to sellers upon registration.

Payment Fees: Any associated payment processing fees, such as transaction fees and currency conversion fees, will be deducted from the seller’s payout. These fees will be explicitly outlined in the seller agreement.

Payment Disbursement

Minimum Payout Threshold: Sellers must meet a specified minimum payout threshold to receive disbursements. Failure to meet this threshold will result in the balance rolling over to the subsequent payment cycle.

Bank Account Information: Sellers are required to provide accurate bank account details for payment disbursements. Any alterations to bank account information must be promptly updated in the seller account settings.

Payment Delays: Despite our efforts to adhere to the payment schedule, occasional delays may arise due to banking holidays, technical issues, or unforeseen circumstances. Sellers will be promptly notified of any significant delays.

Refunds and Chargebacks

Refunds: In the event of a customer refund, the refunded amount will be deducted from the seller’s subsequent payout. Sellers are accountable for managing their refund policies in compliance with our platform guidelines.

Chargebacks: Should a chargeback occur, the disputed amount will be temporarily withheld from the seller’s payout until resolution. Sellers are expected to collaborate with our support team to expeditiously address chargeback disputes.

Financial Reporting

Sales Reports: Sellers will have access to comprehensive sales reports through their seller dashboard. These reports will provide detailed information on sales, refunds, fees, and payouts.

Tax Compliance: Sellers are required to adhere to all relevant tax laws and regulations. We offer tools to assist sellers in generating essential tax documents; however, it remains the seller’s responsibility to ensure accurate tax reporting.

4. Shipping and Delivery:

You are responsible for shipping products to buyers promptly and ensuring that all deliveries meet the quality standards and timelines specified.

Order Processing

Processing Time: Orders are processed within 1-2 business days (excluding weekends and holidays) after receiving your order confirmation. You will receive another notification when your order has shipped.

Cut-off Time: Orders placed after 5 PM will be processed the next business day.

Shipping and Delivery Terms

The seller offers various delivery models for purchased products, as determined by the seller. It is the seller’s responsibility to ensure that the products are delivered without damage, loss, or deterioration during the delivery process or transit. The seller guarantees that the delivered products are free from faults and correspond exactly to the products listed and advertised on the website. Furthermore, the products must meet all descriptions and specifications provided on the website.

Prior to finalizing the purchase, the buyer’s shipping address and pin code will be cross-verified with the website’s database. In cases where the buyer’s order cannot be serviced by the logistics providers or the seller, or if the delivery address is not covered under the order confirmation form, the buyer may provide an alternative shipping address for the product to be delivered.

It is important to note that there is no specified dispatch time, and any information provided about the dispatch time is only an estimate and should not be solely relied upon. Therefore, time is not deemed critical in the contractual agreement between the buyer and the seller for the purchase and sale of the product on or through the website. However, the product will only be delivered once the buyer completes the payment.

Fillcart’s shipping charges are determined by various factors, including the seller, item, price, and the purchaser’s location. These charges are explicitly listed on the item’s information page. Same-day or next-day delivery options are available for specific cities and items. The total amount payable when placing the order includes both the product price and courier charges. Free delivery may be available for orders that meet a minimum purchase amount, which may vary based on the seller and product category.

International Shipping: Currently, we do not offer international shipping.

Delivery Timeframes:

The delivery period for dispatched orders typically ranges from 3 to 5 days. This timeframe is subject to variation based on factors such as product availability, the geographic location of the seller, the shipping destination, and the courier partner’s delivery timeline. In the event that a seller is unable to fulfill an order within the stipulated time, Fillcart will facilitate the transfer of the order to an alternative seller. If the order remains unfulfilled, it will be canceled, and a refund will be initiated for the respective customer.

Order Tracking:

Upon placing your order, you can access the tracking details on the order confirmation page or in the confirmation email. Additionally, Fillcart provides tracking updates through SMS and WhatsApp. Real-time tracking of your order is available through the Fillcart website or mobile app by entering your tracking ID. You will receive regular email and SMS updates about your order status, including information on when your order is dispatched, out for delivery, and delivered.

Delivery Delays:

While we are dedicated to delivering orders on time, delays may occur due to factors beyond our control, such as weather conditions, strikes, or peak shopping seasons. We assure you that we will promptly inform you of any delays and work diligently to resolve them as quickly as possible.

We have a transparent and customer-friendly return and refund policy. For further details, please refer to our policy document.

5. Cancellation of orders

Cancellation by Seller

The Seller reserves the right to cancel certain orders, either directly or by instructing Fillcart to do so, if unable to accept them. This right is exercised at the Seller’s sole discretion, allowing refusal or cancellation of any order for any reason. Situations leading to cancellation may include non-availability of the product or ordered quantities, as well as pricing inaccuracies or errors. Additional verifications or information may be requested before processing any order. Any such cancellations are without recourse to the Buyer and without liability to the Seller or Fillcart.

In the event of a cancelled order after payment processing, the amount will be reversed or remitted to the Buyer, either to the provided bank account, the payment instrument used, or any pre-paid payment instrument account, at the sole discretion of Fillcart. Notably, promotional code amounts will not be refunded in case of order cancellation. This constitutes the sole remedy for the Buyer and the sole liability of the Seller, and the sole responsibility of Fillcart for any order cancellation by the Seller, other than by the Buyer.

Cancellation by the Buyer: Upon receipt of a request for order cancellation, the Seller retains the discretion to either accept or reject such requests at their sole discretion. As per standard business practice, if the Seller receives a cancellation notice prior to order processing, the Seller may proceed to cancel the order and refund the entire amount to the Buyer within a reasonable timeframe. It is imperative to note that once an order has been processed, the Seller is unable to entertain cancellation requests. The Buyer explicitly agrees not to contest the Seller’s decision and acknowledges the Seller’s authority in matters pertaining to cancellations.

Set-off of any benefits availed by the Buyer: In the event that the Buyer has received any benefits through marketing or promotional offers associated with the Product for which an order has been cancelled, either by the Buyer or the Seller, the Buyer explicitly authorizes and consents to Fillcart recovering said benefits from the Buyer or offsetting them against any refunds due to the Buyer.

6. Returns and Refunds Policy

Return Eligibility

Fillcart provides a flexible return/replacement and exchange policy, enabling customers to return or exchange items purchased on the Fillcart platform. Customers may initiate returns within the specified return/exchange period as outlined in the return window. To facilitate a seamless return process, we kindly ask that customers keep the product intact and include all original accessories, the user manual, and warranty cards in the original packaging.

Return Process

Initiate Return: Contact FILLCART customer service or utilize the online return portal to commence the return process.

Packaging: Ensure secure packaging of the item.

Collection: Returns will be conveniently collected from the original delivery address. During the pickup, our delivery agent may do a quality check on the returned items.

Refunds

Inspection: Upon receipt, returned items will undergo inspection.

Approval/Rejection: You will receive notification regarding the approval or rejection of your return.

Refund Method: Refunds will be issued to the original payment method or as store credit.

Time Frame: Refunds will be processed within 7-10 business days following approval.

Deductions: Any shipping fees or restocking fees, if applicable, will be deducted from the refund amount. These fees will be clearly communicated to the customer at the time of the return request.

Exchanges

Eligibility: Customers can exchange products for a different size, color, or model, subject to availability.

Process: To ensure a smooth exchange process, please ensure that the item meets the return eligibility criteria and then reach out to our customer service to request an exchange. Follow the same shipping instructions as for returns to complete the process seamlessly.

Defective or Damaged Products

Reporting: In the unfortunate event that you receive a damaged or defective item, it’s crucial to report the issue within 48 hours of delivery and provide photos or videos of the damaged/defective item. Rest assured, FILLCART will promptly offer a replacement or refund for the item to make things right for you.

Dispute Resolution

Initial Resolution: Any disputes regarding returns or refunds should first be addressed by contacting our customer service team. We will make every effort to resolve the issue promptly and fairly.

Escalation: If the dispute cannot be resolved through initial contact, it will be escalated to our dispute resolution team. The team will review all relevant information and make a final decision.

Binding Decision: The decision of the dispute resolution team is final and binding on both parties.

7. Intellectual Property

It is imperative to ensure that your product listings do not infringe upon any intellectual property rights. Any violation may lead to the removal of your listings and the termination of your account.

Compliance with Intellectual Property Laws

As a seller on Fillcart, it is mandatory to ensure that all product listings, descriptions, images, and any other content you upload do not infringe upon the intellectual property rights of any third party. This includes, but is not limited to, copyrights, trademarks, patents, and trade secrets.

Prohibited Actions

Unauthorized Use: You are strictly prohibited from using any content, including logos, brand names, images, or text, for which you do not possess the legal right to use.

Counterfeit Products: Listing or selling counterfeit or imitation products that violate the intellectual property rights of others is strictly forbidden.

Infringing Listings: Any product listings found to infringe upon intellectual property rights will be promptly removed.

Reporting Infringements:

If you suspect that your intellectual property rights have been violated by another seller, you may report the infringement to [Your E-commerce Platform]. We will conduct a thorough investigation and take appropriate action, which may include removing the infringing listings and terminating the offending seller’s account.

Consequences of Violations:

Listing Removal: Any product listings that violate intellectual property rights will be removed from the platform without prior notice.

Account Termination: Repeated or severe violations of intellectual property rights may result in the immediate termination of your seller account.

Legal Action: In addition to account termination, you may be subject to legal action from the intellectual property rights holder.

Seller Responsibilities:

Verification: It is your responsibility to verify that you have the necessary rights or permissions to use any content you upload to the platform.

Documentation: Maintain documentation that proves your right to use any intellectual property, such as licenses or permissions from the rights holder.

Cooperation: Cooperate fully with any investigations conducted by Fillcart regarding intellectual property infringements.

Indemnification

You agree to indemnify and hold harmless Fillcart, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from any violation of intellectual property rights.

Seller Licensing and Certification

As a seller on Fillcart, adherence to the following guidelines is mandatory:

Ensure the acquisition and maintenance of all requisite licenses, registrations, permissions, authorizations, certifications, compliances, and permits necessary for the manufacture, import, storage, display, advertisement, distribution, marketing, supply, and sale of products (“Products”) on the Fillcart site. Such compliance must align with all applicable laws, legislation, notifications, notices, circulars, orders, directions, clarifications, advisories, etc., currently in effect or to be introduced in the future, and as amended from time to time.

8. Prohibited Activities

Engaging in any of the following activities fraudulent activities, selling counterfeit goods, or violating any laws or regulations is strictly prohibited and will result in immediate termination of your account.

Fraudulent Activities

Misrepresentation of product information or engagement in deceptive practices.

Manipulation of sales data or customer reviews.

Selling Counterfeit Goods

Listing or selling fake, replica, or unauthorized products.

Infringement upon the intellectual property rights of brands or other sellers.

Violation of Laws and Regulations

Engagement in activities contravening local, state, or national laws.

Selling restricted or illegal items, including but not limited to weapons, drugs, and hazardous materials.

Misuse of Customer Information

Collection, storage, or usage of customer data without proper authorization.

Sharing or selling customer information to third parties.

Spamming and Scamming

Sending unsolicited messages or advertisements to customers.

Engaging in phishing or other fraudulent schemes.

Unfair Business Practices

Creating multiple accounts to manipulate the platform.

Engaging in price gouging or unfair competition.

Poor Performance and Customer Service

Consistently failing to meet shipping and delivery standards.

Ignoring customer complaints or failing to resolve disputes.

Misleading Advertising

Using false or misleading advertisements to promote products.

Misrepresenting product availability or delivery times.

Abuse of Platform Features

Exploiting platform vulnerabilities or using automated tools to gain an unfair advantage.

Circumventing platform policies or restrictions.

Inappropriate Content

Posting obscene, offensive, or violent content.

Engaging in hate speech or discriminatory practices.

Consequences of Violations

Violation of any of these prohibited activities will result in immediate termination of your seller account, removal of your product listings, and potential legal action.

9. Confidentiality Agreement

Definition of Confidential Information:

Sellers are obligated to uphold the confidentiality of all information furnished by the Fillcart Platform and its users. Confidential information includes, but is not limited to, the following:

User Data: This includes the personal information of customers, such as names, addresses, contact details, payment information, and purchase history.

Business Information: Details regarding Fillcart’s business operations, strategies, marketing plans, financial data, and other proprietary information.

Technical Information: Any technical data, software, algorithms, and system designs associated with Fillcart’s platform.

Product Information: This pertains to information about products listed on the platform, including pricing, inventory levels, and supplier details.

Transaction Data: Details of transactions carried out on the platform, encompassing order specifics, payment records, and shipping information.

Communication Records: Correspondence such as emails, messages, and other forms of communication between sellers, customers, and Fillcart.

Market Research: Data and insights derived from market research conducted by or on behalf of Fillcart.

Legal Documents: Contracts, agreements, and other legal documents shared with sellers.

Sellers’ Obligations: Sellers agree to use confidential information solely for the purpose of conducting business on Fillcart’s platform. Not disclose any confidential information to third parties without prior written consent from Fillcart. Sellers are responsible for implementing appropriate security measures to protect confidential information from unauthorized access, use, or disclosure. If there is any suspected or actual breach of confidentiality, sellers must immediately notify Fillcart.

Exceptions:

Confidential information does not include information that:

Is in the public domain: Information that is already publicly available at the time of disclosure is not considered confidential. This includes information that is published in public records, widely known within the industry, or accessible to the general public.

Becomes public: Information that becomes publicly available after disclosure, through no fault or action of the receiving party, is also not considered confidential.

Independently Developed:

Information that is independently developed by the receiving party without using or referencing the confidential information provided by Fillcart is not considered confidential. The receiving party must be able to demonstrate that the information was developed independently.

Third-Party Disclosure

Rightful possession: Information received from a third party without breaching any confidentiality obligation is not deemed confidential. The third-party must possess the legal right to disclose the information and must not be bound to keep it confidential.

Legal Requirements

Compelled Disclosure: Information that must be disclosed as per a legal requirement, such as a court order, subpoena, or government regulation, is not considered confidential. The receiving party must promptly notify Fillcart of such a legal requirement and cooperate with efforts to seek a protective order or other appropriate remedy to limit the disclosure.

Prior Knowledge

Previously Known: Information already known to the receiving party before disclosure by Fillcart, without any confidentiality obligation, is not considered confidential. The receiving party must be able to provide evidence of prior knowledge.

Consent

Authorized Disclosure: Information disclosed with the prior written consent of Fillcart is not considered confidential. The consent must be explicit and documented.

Aggregated Data

Aggregated or anonymized data that does not identify any individual or specific transaction is not considered confidential. This includes statistical data and trends derived from the use of the platform, provided that such data cannot be traced back to any specific user or transaction.

Remedies

Sellers acknowledge that any breach of this confidentiality agreement may cause irreparable harm to Fillcart and agree that Fillcart shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

10. Product Warranties and Guarantees Policy

Warranty Coverage

Standard Warranty: The majority of products available for purchase on Fillcart are accompanied by a standard manufacturer’s warranty. The duration and terms of the warranty are contingent upon the specific product and the manufacturer.

Extended Warranty: Customers have the option to procure extended warranties, offering additional coverage beyond the standard warranty period. Details and pricing for extended warranties can be accessed at the checkout.

Warranty Claims

Eligibility: Customers seeking to initiate a warranty claim must provide proof of purchase and a detailed description of the defect.

Process: The initiation of a warranty claim can be facilitated by contacting Fillcart’s customer service team. They will provide guidance throughout the process, which may involve the return of the product for inspection.

Resolution: Depending on the nature of the defect, the product may be subject to repair, replacement, or refund at no additional cost to the customer.

Exclusions: The warranty does not extend to cover:

Damage resulting from misuse, abuse, or neglect.

Normal wear and tear.

Unauthorized repairs or modifications.

Products utilized for commercial purposes (unless specifically stated).

Satisfaction Guarantee

Money-back guarantee: Customers dissatisfied with their purchase have the option to return the product within a specified period for a full refund, provided that the product remains in its original condition and packaging.

Customer Responsibilities

Customers are expected to adhere to the product care instructions to uphold the warranty coverage. Any claims must be submitted within the specified warranty period.

Limitation of Liability

Fillcart liability is confined to the repair, replacement, or refund of the defective product. The company is not held liable for any indirect, incidental, or consequential damages arising from the use of the product.

11. Limited Licence

Fillcart provides sellers with a restricted, non-transferable, non-exclusive, non-sublicensable, non-assignable, and personal license to utilize the “Fillcartindia.com” name and/or logo on the seller’s invoice for transactions completed on the platform. Furthermore, Fillcart provides sellers with a restricted, non-transferable, non-exclusive, non-sublicensable, non-assignable, and personal license to use the “Fillcartindia.com” name and/or logo on packaging materials employed by sellers for the delivery of products sold on the platform.

12. Indemnification

Seller’s Indemnification Obligations

The seller is required to indemnify, defend, and protect Fillcart, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

Breach of any representation, warranty, or obligation under the specified terms.

Violation of any law or the rights of a third party.

Any claim asserting that the products or services infringe or misappropriate any intellectual property rights of a third party.

Any claim associated with the seller’s products, including but not limited to product liability claims.

Procedure for Indemnification

Fillcart will promptly notify the seller of any claim for which indemnification is sought and will collaborate in defending or settling such claim. The seller may not settle any claim without Fillcart’s prior written consent unless the settlement fully and unconditionally releases Fillcart from all liability.

13. Limitation of Liability

Fillcart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

Your use or inability to use the platform.

Any unauthorized access to or use of our servers and/or any personal information stored therein.

Any interruption or cessation of transmission to or from our platform.

Any bugs, viruses, trojan horses, or similar harmful elements may be transmitted to or through our platform by any third party.

Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the platform.

Maximum Liability:

Under no circumstances shall Fillcart’s total liability for all claims related to the platform exceed the amount paid by you, if any, for accessing or using the platform during the twelve (12) months immediately preceding the date of the claim.

14. Termination

We retain the right to terminate your account at any time, for reasons including, but not limited to, violations of the stipulated terms and conditions.

Grounds for Termination

We reserve the right to terminate your seller account under the following circumstances:

Violation of our terms of use or any applicable laws and regulations.

Engagement in fraudulent activities or sale of counterfeit goods.

Repeated customer complaints or poor performance metrics.

Failure to comply with our product listing, pricing, or shipping policies.

Breach of intellectual property rights.

Notice of Termination

In most instances, a notice of termination will be provided via email, outlining the reasons for termination and the effective date. However, immediate termination may be enforced without prior notice in cases of severe violations.

Appeal Process

You have the right to appeal the termination decision within 14 days of receiving the termination notice. Appeals must be submitted in writing, providing any supporting evidence or explanations. Our review team will evaluate the appeal and respond within 30 days.

Account Suspension

Under certain circumstances, we may suspend your account temporarily while investigating potential violations. During suspension, you will not be able to list new products or process orders.

Post-Termination Obligations

Upon termination, you are required to:

Fulfill all outstanding orders and resolve any pending customer issues.

Remove all your product listings from our platform.

Settle any outstanding fees or charges owed to us.

Data Retention

We will retain your account data for a period of 90 days post-termination to facilitate any necessary follow-up actions or legal requirements. After this period, your data will be permanently deleted from our systems.

15. Governing Law:

These terms shall be governed by and construed in accordance with the laws of India, without reference to conflict of law principles. This means that any legal matters related to these terms will be handled in accordance with Indian laws and will be subject to the exclusive jurisdiction of the courts in Chennai, India.

16. Amendments:

 We reserve the right to make changes to these terms at any time. Any such changes will be promptly communicated to you through email or via our platform to ensure that you are informed of any updates.