TERMS OF USE

  1. Acceptance of Terms:

Your use of the website [http://presell.crowdpouch.com] (hereinafter referred to as “Platform”) and “Crowdpouch” services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the Platform that “Crowdpouch” may publish from time to time.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

  • Your Account and Registration Obligations:

If you use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use. 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.

Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform.. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one – time password verification.

You agree that “Crowdpouch” 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 mobile phone number and/or e-mail address on the Platform.

  •  Additional conditions for ease of reference:

“Crowdpouch” has collaborated with multiple Seller who are expertise in various kinds of handmade products and has developed a “Platform” to engage in the business of preselling of handmade products wherein the Buyer can trade through such “Platform” of all such listed handmade products and hence acting as a market place. For ease of reference

  1. General Terms applicable to all users on the Platform;
  2. Terms applicable toSeller (“Seller Terms”) and
  3. Terms applicable to Buyer (“Buyer Terms”);
  •  User General Terms:
  1. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with “Crowdpouch”, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
  2. You agree not to undertake any action which may undermine the integrity of Crowdpouch feedback system.
  3. You agree that the Services shall be availed by you only for commercial purposes that is for sale or purchase of handmade products. You further agree that you will not use the Platform or any of its Services thereof for your personal use or consumption.
  4. By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to “Crowdpouch” or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to “Crowdpouch” to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to “Crowdpouch” that you have all the rights, power and authority necessary to grant the above license.
  5. Breaches And Suspension:
  1. If any User breaches any Terms, or if “Crowdpouch” has reasonable grounds to believe that a User is in breach of any Terms, or could subject “Crowdpouch” or its affiliates to liability, or is otherwise found inappropriate or unlawful in Crowdpouch’s opinion, “Crowdpouch” shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
  1. suspending or terminating the User’s account and any and all accounts determined to be related to such account by “Crowdpouch” in its discretion;
  1. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
  1. removing any product listings or other User Content that the User has submitted, posted or displayed;
  • any other corrective actions, discipline or penalties as “Crowdpouch” may deem necessary or appropriate in its sole discretion.
  • Notwithstanding anything contained herein these Terms, “Crowdpouch” may with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform etc.
  • In the event a User becomes inactive or if no transaction is noticed by “Crowdpouch”, in such a case “Crowdpouch” reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.
  • If it comes to the knowledge of “Crowdpouch” or “Crowdpouch” reasonably believes that any User has availed any Services to obtain any product/service for its personal use or consumption or for any purpose other than a commercial purpose, “Crowdpouch” shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account.
  •  Transactions Between Buyer And Seller:
  1. When a product is listed for sale on the Platform, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller. Buyer agrees that “Crowdpouch” cannot and does not confirm each Seller purported identity. “Crowdpouch” encourages Buyer to exercise discretion and caution while dealing with various Seller.
  1. For any Services, “Crowdpouch” does not represent either the Seller or the Buyer in specific transactions. “Crowdpouch” does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyer to complete a purchase. “Crowdpouch” does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with “Crowdpouch” nor shall “Crowdpouch” have any obligations or liabilities in respect of any transactions on the Platform.
  1. “Crowdpouch” shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. “Crowdpouch” shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products.
  • Limitation of Liability:

Under no circumstances will “Crowdpouch” be liable for any consequential, incidental, special, exemplary or punitive damages, including lost profits that result from your purchase of any products on platform or any services availed, even if “Crowdpouch” has been advised of the possibility of such damages.

  • Force Majeure:

Under no circumstances shall “Crowdpouch” be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.

  • Intellectual Property Rights:

“Crowdpouch” is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with “Crowdpouch” or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by “Crowdpouch” are hereby reserved.

“Crowdpouch” and any other related icons and logos are registered trademarks or trademarks or service marks of Crowdpouch Marketing Services Private Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

“Crowdpouch” may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “Crowdpouch” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by “Crowdpouch”.

  1. Indemnification

We hope this never happens, but if “Crowdpouch” get sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend “Crowdpouch” and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

  1. Contact Information:

If you have any questions you may raise your issue or concerns, at hello@crowdpouch.com.

II)  SELLER TERMS

Handmade on “Crowdpouch” is a spectrum. On one end, we have seller who are literally making their items with their own hands (or tools). On the other end, we have designers — seller who design their items but rely entirely on outside assistance or another business to help physically produce them. Many handmade seller fall in the middle of the spectrum because they are both making and designing their items.

  1. You are allowed to list Product(s) for sale on the Platform subject to your compliance with these Seller Terms:
  1. You must be legally able to sell the Products(s) you list for sale on the Platform.
    1. You must ensure that the listed product(s) do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your product for sale.
    1. All listed product(s) must be listed in an appropriate category on the Platform. All listed Products must be kept in stock for successful fulfilment of sales.
  • Due to the potential harm caused by hazardous materials, as well as complex legal and delivery regulations surrounding such materials, hazardous materials are prohibited on “Crowdpouch”.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

Explosives (fireworks or sparklers)

Explosive precursors

Flammable items

Gases

Radioactive material

Toxic substances (such as poisons)

  • For delivery of Shipments, hereby authorizes to carry out the administrative task of printing Delivery Note containing information with respect to Shipment on its behalf. The Seller agrees to be solely responsible for any discrepancy or error in the details mentioned on such Delivery Note and agrees to indemnify against any such losses or claims.
  • Seller is responsible for dispatching their sold items to buyer. If you’re using a delivery or fulfilment service, please keep in mind that you are ultimately responsible for making sure that your buyer receive their orders. Once the order is dispatched Seller is responsible for updation of Courier/Tracking details of the shipment on the website within 14 days from the date of the order. If the Seller fails to update the tracking details within the stipulated time the order placed will be cancelled and entire amount will be refunded to the Buyer by CROWDPOUCH.
  • The refund for any products will be processed by the SELLER once the returned product has been received by you. The Seller acknowledge that “CROWDPOUCH” will not be liable for any refunds of the products purchased by the Buyer.
  • Since the Seller take the responsibility of deliverables. Seller will send the said goods through the designated shipment and the information of such shipment and the date of its arrival shall be intimated to the Buyer by the Seller. The products listed on the Platform does not include any delivery cost and it solely depends on the Seller to apply delivery charges on the products on the basis of the Buyer destination.

III)  BUYER TERMS

The provisions of this section III shall be applicable only to Buyer. These Buyer Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Buyer Terms, the provisions of Buyer Terms shall supersede and prevail.

  1. BUYER RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree that :

  1. you are fully able and competent to understand and agree to the Terms;
  2. you will not use or access the Platform for commercial purposes and any Products that you purchase shall be for personal consumption;
  3. the address you provide when registering your account on the Platform is the Buyer place of residence ;
  4. Once the order is received well in time Buyer may login in their dashboard and enter their bank account details.
  • PAYMENT BY BUYER
  1. Upon placing the Order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time.
  • Buyer acknowledges that it is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer. Buyer acknowledges and agrees that “CROWDPOUCH” is acting merely as a payment collector and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer or its payment instructions.
  •  “CROWDPOUCH” will transmit the payments for the Orders received from the Buyer in the manner as set forth under the settlement process of Seller Terms. You hereby agree to be bound by the applicable provisions of the Seller Terms in this regard and agree not to raise any dispute with respect to the manner of settlement by “CROWDPOUCH”.
  • You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform.
  • CANCELLATION REQUEST BY BUYER

Only in exceptional cases where the Seller doesn’t ship the product within 7(Seven) days or if the Buyer doesn’t approve of or indecisive about goods purchased, the order shall stand cancelled and refund will be initiated.

  • RETURN REQUEST BY BUYER
  1. The BUYER understand that “CROWDPOUCH” is an intermediary platform and shall only mediate the Return Request. It shall be sole responsibility of the Seller to resolve the issues/ concerns raised by the Buyer pertaining to the Return Request.
  • We shall not assume any liability for any failure on the part of the Seller to resolve the Return Request raised by the Buyer.
  • We may modify this Policy from time to time, and any such changes will be reflected on the Platform and be effective immediately upon the changes being reflected on the Platform.
  • The Return Request raised by Buyer shall be rejected, in case of any of the following  reasons:
  1. If the Buyer does not respond to the inquiry calls and/or communication via other modes made by us to procure missing documentation and information in relation to the Return Request; or
  2. supportive documents are insufficient, or Buyer is unable to provide sufficient proof in support of the claim
  • REFUND TO BUYER

For any products for which a refund is to be given, the refund will be processed by the SELLER once the returned product has been received by the Seller. The Buyer and Seller acknowledge that “CROWDPOUCH” will not be liable for any refunds of the products purchased by the Buyer. The refund shall not include the cost of delivery charged by the Seller.