Service-Agreement

User Terms

Before accessing or using of www.ecozaar.com (“Website”), including the related mobile site (hereinafter referred to as “Platform”), please read these terms and condition (“Terms”). Your use of the Platform and services and tools are governed by these Terms (set forth below) and all the policies (displayed or made available on the Platform) which are incorporated herein by way of reference. If You transact, access or use the Platform, You shall be subject to the policies that are applicable to the Platform. By mere use of the Platform, You shall be contracting with Ecozaar (as defined below) and these terms and conditions including the policies constitute your binding obligations, with Ecozaar. If You do not agree with these Terms or the policies of Ecozaar, We advise you to refrain from using the Platform.

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.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS AND THE POLICIES, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by Ecozaar Policies ((including but not limited to Privacy Policy) as amended from time to time.

For the purpose of these Terms, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer/seller on the Platform by registering on the Platform as a registered user using the computer systems. While Ecozaar allows the User to surf the Platform, purchases cannot be made or sellers cannot offer their products for sale without registering on the Platform. The term “We”, “Us”, “Our” shall mean Ecozaar.

Ecozaar

The Platform is owned by Autovert Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Millennium No. – 1082, HAL 2nd Stage 2nd Floor, 12th Main Road, 5th Cross, HAL 2nd Stage, Indiranagar, Indiranagar, Bangalore North, Karnataka, India, 560038 (hereinafter referred to as “Ecozaar“).

Ecozaar, an online marketplace, enables (a) suppliers registered (for offering their products for sale) on the Platform (“Sellers”) and (b) users registered (for purchases) (“Purchasers”) on the Platform, to transact on the Platform. Ecozaar is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between the Purchasers and the Sellers on Platform.

Use of the Platform

Ecozaar endeavours to make the Platform available 24X7. However, Ecozaar does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

Users understand and acknowledge that the use of Platform requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Platform, and Ecozaar shall not, under any circumstances whatsoever, be responsible or liable for such costs.

Ecozaar does not warrant that Platform will be compatible with all hardware and software which is used by Users.

The Platform is provided on an ‘as is’ and ‘as available’ basis. The Platform expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.

Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from the Platform. No guidance or information, written or oral, obtained from Ecozaar or via Platform, shall constitute any warranty, unless stated otherwise.

Membership Eligibility

Only persons who can form legally binding contracts under Indian Contract Act, 1872 can transact on the Platform. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian (as the case may be).

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Ecozaar reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Ecozaar’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Registration

While you can access or browse sections/parts of the Platform without the need of registering on the Platform. However, please note any product or service offered on this Platform (a) can only be purchased when you are registered with the Platform and (b) are not offered to Users outside India or cannot be availed by Users outside India.

To register as a User on the Platform or create an account on the Platform, you will need to provide Us with your e-mail address. You can also register to become a registered User by logging into online accounts you may have with Third Party service providers (“SNS”) (e.g. Facebook or Google); each such account, a “Third Party Account”. As part of the functionality of the Platform, you may link your account with Third Party Account, by either: (a) providing your Third Party Account login information to us through the Platform; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of such Third Party Account. If you decide to register by logging into a Third Party Account via the Platform, we will obtain the information you have provided to such Third from your Third Party Account and use that data to create your account and profile page and you will become a registered User. Depending on the Third Party Account you choose and subject to the privacy settings that you have set in such Third Party Account, you understand that by granting us access to the Third Party Account, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Account so that it is available on and through your account on the Platform. Once the email id is provided, your account is created on the Platform (“Account”).

There are also other details such as (a) first name (b) last name (c) number and (d) address which can be provided at the time of the registering with the Platform. Where possible, we indicate which fields are required and which fields/details are optional. You always have the option to not provide data by choosing not to use (a) a particular service, product or feature on the Platform or (b) our Platform.

It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Your e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that your email address is up to date on the Platform at all times. You agree to notify Us promptly if e-mail address changes by updating the same on the Platform through a onetime password verification.

Your Account and confidentiality

If You use the Platform, You shall be responsible for maintaining the confidentiality of your login id and password and for all the activities that occur under your Account.  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 Terms, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

You agree that Ecozaar shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised e-mail address on the Platform.

If You share or allow others to have access to Your Account, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.

You must not share your login details, i.e, username and password of your Account with any other person, else it would be considered breach of this Terms.

You agree to: (a) ensure that You successfully log out from your Account at the end of each session; and (b) immediately notify Ecozaar of any unauthorized use of your account. If there is reason to believe that there is likely to be a breach of security or misuse of your account, We may request You to change the password or we may suspend your account without any liability to Ecozaar, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from your failure to comply with this provision.

Termination and Suspension of your Account

Ecozaar reserves the right to suspend or terminate your Account (or any part thereof) including blocking any amounts due to the User and the User will remain liable for all amounts due up to and including the date of termination, if:

  1. any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
  2. in Ecozaar’s assessment, the User has:
    1. unreasonable instances of returns and/or cancellations initiated;
    2. engaged in unlawful, fraudulent, negligent actions or derogatory to the Ecozaar’s interests.
    3. failed or is suspected to have failed to comply with any term or provision of these Terms or applicable law.
  3. any of the User’s comments is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  4. the User 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;
  5. the User is harmful to a child or a minor;
  6. the User harasses or advocates harassment of another person;
  7. the User 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, image, email address, physical address or phone number) or rights of publicity including any unauthorised use or posting any third party’s social media image without such owner’s consent;
  8. the User promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
  9. the User tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to the profiles, blogs, communities, account information, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  10. a User interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;
  11. a User referring to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;
  12. the User intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, including creation of a false identity for the purpose of misleading others;
  13. the User impersonates another person;
  14. the User threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, threatens public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or insulting other nations.
  15. the User submits, posts, uploads, distributes, or otherwise makes available or transmits any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
  16. the User submits, posts, uploads, distributes, or otherwise makes available or transmits any software or other computer files that contain a virus or other harmful component, or otherwise impairs or damages the Platform or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Platform;
  17. the User attempts to delete or modifies any content of the Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
  18. the User attempts to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform by any means.
  19. the User uses any device, software or routine to interfere or attempt to interfere with the proper working of Platform or any transaction being conducted on Platform, or with any other person’s use of Platform.
  20. the User is involved in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

Orders

When you place an order to purchase a product (on the Platform) it is an offer to buy the products from the relevant Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered.

Ecozaar does not make any representation or warranty (a) as to specifics (such as quality, value, salability, etc) of the products sold or offered to be sold or purchased on the Platform; (b) 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 Seller that You choose to deal with on the Platform

Ecozaar is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Ecozaar cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Ecozaar shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

Ecozaar does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products offered by Seller. Ecozaar shall not gain or hold any right, title or interest over the products. Ecozaar 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 Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services.

Order Placement

Upon placing an order for a product with a Seller on the Platform, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail“). The Order Confirmation E-mail is acknowledgement that the has been placed by you on the Platform, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched/ready for delivery to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail“).

Your contract is with the Seller(s) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the Platform.

You/the Seller can cancel your order for a product at no cost any time before you receive the Dispatch Confirmation E-mail relating to that product. Upon such cancellation you shall receive refund of such amount(s) in your source account.

Electronic Vehicles

Prior to placing an order for an electronic vehicle, Buyers are given the option to browse through the Platform, read the blogs analysing the electronic vehicles and/or compare the shortlisted electronic vehicles on various parameters on the Platform.

Upon adding a electronic vehicle of your choice to the cart on the Platform, You will need to provide your address details, name, phone number and e-mail address (“Delivery Details”).

You will be provided a choice to choose the payment method through which You will be making the payment for the electronic vehicle in the cart.

You will, after choosing the payment method as mentioned above, also be provided a choice to add an insurance provided by [to insert insurance provider name] (for the relevant electronic vehicle) to the cart, on the Platform and make the payment for the products in the cart. You will be redirected to a third-party payment processor where you will be required to make the payment.

Upon the payment being received, the order fulfilment shall be initiated. The order fulfilment is the responsibility of the Seller. The delivery of any electronic vehicles, shall be made at the place of delivery notified by the Seller.

The Seller shall contact you to receive such information/additional details as may be required to get the electronic vehicle registered before delivering the same to You. The Seller will only make the delivery of the vehicle after all the requirements as per applicable laws have been satisfied. Given registering the electronic vehicle requires the co-ordination by the Seller with Governmental Authorities, please note that the Seller/Platform cannot guarantee the timeline of the delivery of the relevant vehicle. Ecozaar/Platform cannot be held responsible/liable for any delays.

Rooftop Solars

Prior to placing an order for a rooftop solar, Buyers are given the option to browse through the Platform, read the blogs analysing the rooftop solars (on its benefits or otherwise) and/or compare the shortlisted rooftop solars on various parameters on the Platform.

Upon adding a rooftop solar of your choice to the cart, You will need to provide your Delivery Details.

You will be provided a choice to choose the payment method through which You will be making the payment for the electronic vehicle in the cart.

You will, after choosing the payment method as mentioned above, You will be redirected to a third-party payment processor where you will be required to make the payment.

Upon the payment being received, the order fulfilment shall be initiated. The order fulfilment is the responsibility of the Seller. The delivery of any electronic vehicles, shall be made at the place of delivery provided by the Buyer as part of the Delivery Details.

The Seller shall contact you to receive such information/additional details as may be required for the installation.

Payment

The following payment methods are available for electronic vehicles and rooftops solars:

  1. third party payment wallet
  2. credit card
  3. debit card
  4. equal monthly instalments (EMI)
  5. banking channels
  6. [loan related]

The Buyer acknowledges and agrees that the Company may, at the request of the Supplier, act as the agent for the limited purpose of accepting payments on behalf of such Sellers. The Buyer understands, accepts, and agrees that the payment facility provided by Ecozaar is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for the transactions undertaken on the Platform. Further, by providing payment facility, Ecozaar is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. Ecozaar will not be liable for any charges made by the Buyers bank in relation to payment of the total amount.

Transactions, 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 the third party payment processor is merely used by the Buyer and Seller to facilitate the completion of the Transaction.

Use of the payment facility shall not render Ecozaar liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Platform.

You have specifically authorized Ecozaar or its service providers to collect, process, facilitate and remit payments electronically to and from other Users in respect of transactions through a the third party payment processor. Your relationship with Ecozaar is on a principal to principal basis and by accepting these terms you agree that Ecozaar is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Ecozaar’s Platform that are paid for by using the Payment Facility. Ecozaar does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

In connection with any order, information such as name, transaction details, device type, Platform usage details, PAN number, payment details, billing address and credit card information and any other information in relation thereto may need to be provided either to Ecozaar or the third-party payment processor. Given the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Platform. Any online bank transfers on the payment facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the Seller. Ecozaar holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Seller.

While availing any of the payment method/s available on the Platform, 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:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

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.

Lockdown or a force majeure event

Ecozaar shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.

Force majeure or other events beyond Ecozaar’s control, hindrance, delay or complication in the maintenance of the Platform entitles the Ecozaar to suspend or limit the Platform until further notice.

Accuracy and completeness of all information displayed on the Platform

Ecozaar takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Apart from reasonable checks to ensure general hygiene of Platform, Ecozaar does not exercise any control over such content or information.

Ecozaar undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Ecozaar does not own any responsibility or obligation whatsoever towards ensuring the accuracy of the information provided by the Users. Any reliance on the material on Platform is at the Users’ own risk.

Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Ecozaar reserves the right to modify the contents of Platform at any time but has no obligation to update any information on Platform. User is solely responsible to monitor changes to the information on Platform. No specified update or refresh date applied to Platform should be taken to indicate that all information on Platform or pertaining to the Products have been modified or updated.

Occasionally there may be information on Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Ecozaar reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on Platform is inaccurate at any time without prior notice.

The information is provided ‘as is’ with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing contained in these Terms shall to any extent substitute for the independent investigations and the sound technical and business judgment of User.