This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under (‘the Act’), as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to Nutriliva (Nutriliva Inc). The domain name Nutriliva.com as well as seller portal seller.Nutriliva.com (hereinafter referred to as the ‘Website’ or ‘Site’) is owned by Nutriliva Private Limited a company incorporated under the Companies Act, 1956 (hereinafter referred to as ‘Nutriliva.com’). Website/Aggregator for Buying/Selling of sportswear/activewear products online.
Your use of the Website and the features therein is governed by the following Agreement including applicable policies available on the Website, notifications and communications sent to you on the Website 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 a transaction. By mere use of the Website you shall be contracting with Nutriliva, and these terms and conditions including the policies constitute your binding obligations to Nutriliva.
When you use any current or future services provided by us through the Website you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the Agreement and considered a part and parcel of the Agreement. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Agreement at any time. We will notify you through any of the communication modes as mentioned in this Agreement in case of any changes or updates to the Agreement that materially impact your use of the Website. Your continued use of the Website following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the Agreement, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with any third party for any other product(s) or service(s). If you do not agree to this Agreement (including any referenced Policies or Guidelines), please immediately terminate your use of the Website.
The use of the Website is available only to persons who can form legally binding contracts under the 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 Seller on the Website, transact or use the Website. Nutriliva reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to Nutriliva’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the Agreement and you have the authority to bind your business/legal entity to this Agreement.
Registration Obligations & Your Account
In the course of your use of the Website, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details, and restricting access to your computer, computer system and computer network. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Agreement, we shall have the right to suspend or terminate your account on the Website or indefinitely block you from accessing the Website.
You are responsible for all activities that occur under Your User ID, Password, email ID and phone number.
You agree, inter alia, to:
- Provide true, accurate, current and complete information about yourself as prompted by Nutriliva.com’s registration form (such information being the "Registration Data")
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
- You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and
- Ensure that you exit from your account at the end of each session.
Electronic Execution & Communications
When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website. We will communicate with you by email or by posting notices on the Website or through any other Nutriliva services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing.
Platform for Transaction & Communication
Nutriliva.COM’s ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL Nutriliva HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL Nutriliva HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTERESTs IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
The Website is a platform that users utilize to independently meet and interact with one another for their transactions. Nutriliva is not and cannot be a party to any transaction or dispute between users on the Platform.
- All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Nutriliva does not determine advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
- Nutriliva does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the products or services proposed to be sold, offered to be sold or purchased on the Website. Nutriliva does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Website. Nutriliva accepts no liability for any errors or omissions of third parties in relation to the products and services.
- Nutriliva is not responsible for any non-performance or breach of any contract between you and buyers. Nutriliva cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. Nutriliva shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
- Nutriliva does not make any representations or warranties regarding 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 buyer you choose to deal with on the Website and use your best judgment in that regard.
- Nutriliva does not at any point in time during a transaction between you and a buyer on the Website come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer. Nutriliva may provide logistics services to Sellers but still does not take possession or title of any product or service sold.
- At no time shall Nutriliva hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Nutriliva is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered. All items are offered only for a restricted time and only for the available supply as offered by the Sellers.
- The Website is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Nutriliva only provides a Website for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer. At no time shall any right, title or interest over the items vest with Nutriliva nor shall Nutriliva have any obligations or liabilities in respect of such contract for sale.
- Nutriliva does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) proposed to be sold or offered to be sold or purchased on the website or any linked sites. Nutriliva makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer's own risk. The products shall be subject to Seller's terms and conditions for warranty, service and maintenance, and Nutriliva does not accept any responsibility for the same. Nutriliva also does not accept any responsibility for the usage of the products by the Buyer.
- Nutriliva specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and Nutriliva shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.
- Nutriliva does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Nutriliva. Prices, Product description and availability of the Product are Seller's responsibility.
- Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to the Buyer for any claims that the Buyer may have in relation to such defective Product and Nutriliva shall not in any manner be held liable for the same.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
- You release and indemnify Nutriliva and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Nutriliva cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
Disclaimer: You acknowledge and undertake that You are accessing the services on the Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
Use of the Platform
You agree and understand that Nutriliva and the Website merely provide hosting services to its registered users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Nutriliva shall bear no responsibility or liability in relation to or arising out of third party user generated content. Nutriliva neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Nutriliva is merely an intermediary and does not interfere in the transaction between buyers and sellers. Nutriliva has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and Nutriliva shall not be held liable for any loss suffered by you based on your reliance on or use of such data/content.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
- belongs to another person and over which you have no right;
- is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is false, inaccurate or misleading in any way;
- 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;
- harasses or advocates harassment of another person;
- involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
- promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- 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];
- promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
- contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
- contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
- engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent.
Throughout the Agreement, Nutriliva’s prior written consent means a communication coming from Nutriliva in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
- solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
- interferes with another’s use and enjoyment of the Website;
- refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of Agreement;
- harms minors in any way;
- infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
- shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
- You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content or in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or 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 or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, 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) provided by the Website.
- You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Nutriliva, Nutriliva.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Nutriliva or Sellers on the Website or otherwise tarnish or dilute any Nutriliva trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or 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 systems, networks, or any systems or networks connected to Nutriliva.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
- You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, 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 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 the Agreement or to solicit the performance of any illegal activity or other activity which infringes the rights of Nutriliva and/or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Website, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Website in any manner.
- You shall not engage in advertising or solicitation of other Sellers on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email/message to other users acquired/via the Website. It shall be a violation of the Agreement to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Website. Nutriliva shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the Agreement. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Nutriliva’s views. In no event shall Nutriliva assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.
- It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do 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.
- Nutriliva 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 own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service)/DDoS (Distributed Denial of Services).
- "Your Information” is defined as any information you provide to us or other users of the Website ("Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for your online distribution and publication of Your Information.
- You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
- In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Nutriliva of the same.
- You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website. You shall not, either alone or in conjunction with other Users, attempt to or circumvent or manipulate our Fee structure, the billing process.
As a registered seller, you shall list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You further agree to ensure that the products sold by you through Nutriliva.com are genuine and are not counterfeit or stolen/spurious/grey channel or knock off items. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. You shall be deemed to be infringing the intellectual property rights of a third party if you are (i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to your goods or its packaging; (ii) offering or putting for sale or stocking the goods under the said trademark; or (iii) using the said trademark in advertising your product.
You acknowledge that if any genuine claim is received by Nutriliva from any person, Nutriliva may in its sole discretion block your seller/user account and/or remove the products listed by you on Nutriliva.com, without any prior notice to You. Nutriliva would however provide you a post facto intimation regarding the same. You agree that you shall have no claim whatsoever against Nutriliva in this regard and the decision of Nutriliva, as aforesaid shall be binding on you.
The listing description of the item must not be misleading and must describe actual condition of the product. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. Nutriliva reserves the right to restrict the selling of products originating from certain countries.
All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the Seller.
By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful.
Nutriliva strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Wilfully entering erroneous or fictitious bids may result in prosecution by Nutriliva.
If you are a registered Buyer on the Website we encourage you to post feedback for the Seller after the transaction is closed.
Compliance on selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Nutriliva shall not be responsible for any deficiency and/or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
Content Posted on the Platform
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Nutriliva has no responsibility or liability over such third-party generated Content as Nutriliva is merely an intermediary for the purposes of this Agreement. Except as expressly provided in the Agreement, no part of the Website including the 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, distribution or any commercial enterprise without Nutriliva’s prior written consent.
You may use the information on the products and services made available on the Website for downloading provided you:
- do not remove any proprietary notice language in all copies of such Content;
- use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
- make no modifications to any Content; and
- do not make any additional representations or warranties relating to the Content.
Nutriliva grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Nutriliva.com” name and/or logo on seller’s invoice for transactions concluded on the Website.
- 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 Sellers and Buyers and the payment facility is merely used by Sellers and Buyers to facilitate the completion of transactions. Use of the payment facility shall not render Nutriliva liable or responsible for 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 Nutriliva or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through Cash on Delivery (CoD) to and from Buyers in respect of transactions through payment facility. Your relationship with Nutriliva is on a principal to principal basis and by accepting the Agreement, you agree that Nutriliva is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Website and paid for by using the payment facility. Nutriliva 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 Nutriliva is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or Cash on Delivery (CoD) payment, collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Nutriliva neither acts as a trustee nor fiduciary with respect to transaction or transaction price. It is hereby clarified that Cash on Delivery (COD) option may not be available for select products or categories, at Nutriliva’s sole discretion.
- All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports 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 a Seller Buyer and the respective issuing bank.
Nutriliva uses third party payment providers to receive payments from the Buyers on Seller's behalf. Nutriliva is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Nutriliva takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Nutriliva does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it. Nutriliva shall only make payments to the Sellers subject to realisation of payment received from the Buyer to Nutriliva. The Seller payment is typically net of the service fee charged by Nutriliva for its services and after deduction of applicable withholding taxes (if any).
Dispatch of products and/or services
- You, as a Seller, shall be required to dispatch the products and/or services for every transaction to the Buyer within the time period as provided in the Agreement to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Website. For avoidance of doubt, Nutriliva will not be responsible for undertaking any insurance(s) for products sold by Sellers on the Website.
- Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Website to Nutriliva in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
- Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a Seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to Nutriliva on demand within the time frame as notified from time to time. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
- In case a Seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the Agreement and may lead to suspension and/or termination of seller account.
- Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
- Buyer confirms the delivery of products and/or services in the transaction;
- Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a Seller to the Buyer;
- Buyer’s refund claim is rejected by Nutriliva due to any breach of the Agreement, policies, and any applicable law;
- remittances to a seller for successful transactions under the payment facility, excluding CoD transactions, would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification.
- You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by Nutriliva.
- Sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. Nutriliva will provide pick-up and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of the merchants. At no time, Nutriliva takes title or ownership of any product or inventory.
Registration on the Website is free. Nutriliva does not charge any fee for browsing/registering on the Website. However, before you list a product for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this Agreement. Nutriliva reserves the right to change its fee policy from time to time. In particular, Nutriliva 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, Nutriliva 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 (INR) and payable to Nutriliva. You shall be solely responsible for compliance with all applicable laws for making payments to Nutriliva.
You hereby agree that Nutriliva shall have the right to set off any amounts due and payable by you to Nutriliva against any payments due from Nutriliva to you.
We encourage Registered Buyers on the Website to provide feedback to the Sellers after the transaction has been closed, this helps other Users to know the performance level of the said Seller. Please remember that Buyer cannot retract the feedback once they have provided it. Feedback you provide to the Website shall be deemed to be non- confidential and will be displayed along with Buyer user ID. Nutriliva will not be responsible for the feedback that Buyer post on the Website.
Compliance with Laws
Seller shall comply with all the applicable laws, and obtain all necessary licences and permits applicable to them.
Nutriliva does not warrant that product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Nutriliva shall have the right to inspect and audit Seller’s records and premises/place of business through itself or through Nutriliva’s approved third party testing agencies. Cost of such audit shall solely be borne by Nutriliva unless audit reflects discrepancy in seller accounts/non-compliance with Nutriliva’s Seller policies, in which case cost of audit shall be borne by the Seller.
Without limiting other remedies, we may limit your activity, immediately remove your information or end your listing, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:
- if we are unable to verify or authenticate any information you provide; or
- if it is believed that your actions may cause legal liability for you, other users, or us;
We may at any time, at our sole discretion, reinstate suspended Sellers. A Seller that has been suspended or blocked may not register or attempt to register with us or use the Website (through itself or any other entity or legal form) in any manner whatsoever until such time that such a Seller is reinstated by us. Notwithstanding the foregoing, if you breach the Agreement or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Nutriliva may notify you of any claims which you shall be liable to indemnify Nutriliva against. You will then be required to consult with Nutriliva regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Nutriliva without the express prior written consent of Nutriliva which can be withheld or denied or conditioned by Nutriliva in its sole discretion.
Trademark, Copyright and Restriction
The Website is controlled and operated by Nutriliva and products are sold by respective registered Sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Nutriliva’s or other Sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL Nutriliva BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE AGREEMENT, EVEN IF Nutriliva HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Nutriliva and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or in connection with Your use of or access to the Website, its services ,content or this agreement (however arising, including negligence).
Nutriliva, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Nutriliva assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
- Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
- Any interruption or errors in the operation of the Website.
The Agreement shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Mumbai, India.
If any dispute arises between you and Nutriliva during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Nutriliva. The place of arbitration shall be Mumbai, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Nutriliva makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Nutriliva is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Nutriliva WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Nutriliva ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND/OR THIRD PARTY CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW Nutriliva WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. Nutriliva HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT Nutriliva NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. Nutriliva SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, Nutriliva SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Nutriliva’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Nutriliva IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. Nutriliva ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
- None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Nutriliva and you shall have no authority to bind Nutriliva in any manner whatsoever.
- You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Nutriliva may transfer its rights and obligations under this Agreement without your prior express consent, provided that Nutriliva assigns the Agreement on the same terms or terms that are no less advantageous to you.
- This Agreement sets forth the entire understanding and agreement between you and Nutriliva with respect to the subject matter hereof.
Agreement to Be Bound
By using this website you agree to be bound by all of the terms and conditions of this agreement
The use of the Website is offered to you conditioned upon Your 'Acceptance' of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by Nutriliva at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being documented concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action by clicking on the 'check box' and on the 'continue button' as provided on the registration page or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance to the present electronic document. You hereby further agree that this User Agreement is being concluded and executed at Mumbai. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, you may choose to not click on the "check box " and/or on the "continue" button and not seek to obtain access to or otherwise use the Website.