This website is operated by CHECKERS INDIA TECHNOLOGY PVT LTD. Throughout the site, the terms “we”, “us” and “our” refer to CHECKERS INDIA TECHNOLOGY PVT LTD. CHECKERS INDIA TECHNOLOGY PVT LTD offers this website (“Site”), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and the other policies posted on this Site constitute the complete and exclusive understanding and agreement between you and CHECKERS INDIA TECHNOLOGY PVT LTD and govern your use of the Service and this Site superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is a usual and acceptable standard in civil life and practice.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that information provided by you, (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. Excess2sell is an intermediary that provides an online platform, including the Site and services, through which Buyers may purchase inventory from sellers. The material on this Site 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 more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We do not warrant or guarantee the timeliness, accuracy or completeness of the Site information; or quality of the results obtained from the use of the Site. To the maximum extent permitted by law, CHECKERS INDIA TECHNOLOGY PVT LTD or Excess2sell has no liability in relation to or arising out of the Site information and Site recommendations. You are responsible for the final choice of your product and you should take time to read through all information supplied before proceeding.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your device's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person or geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void whereever prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our EXCESS INVENTORY PLATFORM. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy with Cancellations & Refunds
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control or input.You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further undertake that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
SECTION 09 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES;
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. CHECKERS INDIA TECHNOLOGY PVT LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION .LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW CHECKERS INDIA TECHNOLOGY PVT LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. CHECKERS INDIA TECHNOLOGY PVT LTD, MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE OR THE SERVICE. THIS WEBITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHECKERS INDIA TECHNOLOGY PVT LTD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SECTION 13 - LIMITATION OF LIABILITY
IN NO EVENT SHALL CHECKERS INDIA TECHNOLOGY PVT LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF CHECKERS INDIA TECHNOLOGY PVT LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THIS SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THIS SITE OR THE SERVICE, FROM INABILITY TO USE THIS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THIS SITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THIS SITE OR THE SERVICE OR ANY LINKS ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THIS SITE OR THE SERVICE OR ANY LINKS ON THE CHECKERS INDIA TECHNOLOGY PVT LTD SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CHECKERS INDIA TECHNOLOGY PVT LTD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS SITE IS CONTROLLED AND OFFERED BY CHECKERS INDIA TECHNOLOGY PVT LTD. CHECKERS INDIA TECHNOLOGY PVT LTD MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THIS SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
SECTION 14 - UNDERTAKING
Checkers India Technology Pvt Ltd uses the payment gateway facility of Phi Commerce Private Limited for its Site www.excess2sell.com. This payment gateway has been authorized only for receiving online payments for the products which the sellers are listing on the Site www.excess2sell.com
The Sellers also undertake that they will not be selling any products/services that fall under the Prohibited or Restricted or banned categories as announced by Government of India
The Seller also undertakes that the seller shall bear thefull liability for any chargeback arising from transactions. Seller affirms that all these requirements will be complied with at all times.
SECTION 15 - BUYER/SELLER INFORMATION
The buyer/seller agrees to provide authentic and true information. Checkers India Technology Pvt Ltd or Excess2sell reserves the right to confirm and validate the information and other details provided by the buyer/seller at any point of time.
If upon confirmation such buyer/seller details are found not to be true (wholly or partly), Checkers India Technology Pvt Ltd or Excess2sell reserves the right in its sole discretion to reject the registration and block/restrict the buyer/seller from using the services available on the www.excess2sell.com , and/or other affiliated websites, without any prior intimation whatsoever.
SECTION 16 - Cancellations & Refunds
Checkers India or Excess2sell reserves all rights to take appropriate recourse under applicable law including seeking damages and injunction (both permanent and temporary) against any Buyer/Seller who causes or attempts to cause any damage to this Website or tampers with its contents or undermine the legitimate operations of the Website or in any other manner causes any loss, damage or harm to this Website or to Checkers India or Excess2sell
We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following:
- Incorrect pricing - In case of any price change due to reasons beyond our control (macro & mico factors) , we reserve the right to remove any item from any order and provide a full refund to the customer for that item.
- Non-Payment of orders - If the payment towards any purchase is not received at the time of order being placed, we may cancel an order without prior notice.
- Wrong/Fraud order - Once we receive an order we will check the order for authenticity/ genuineness before shipping the products. If the check fails, we may cancel your order.
- Order Serviceability - If the order cannot be fulfilled due to non availability of the product among our sellers or if your location/city/area is not covered by any of our partner for logistic/courier
* An order once placed, cannot be cancelled by the buyer.
SECTION 17 - MONEY REFUND POLICY
The money refund options available to the buyer from Checkers India Technology Pvt Ltd /Excess2sell are subject to the following:
- Double payment - if a buyer has paid twice for one/same transaction, the second transaction amount will be refunded via the same source within 15 working days.
- Excess Payment - Any excess amount paid by the buyer will be refunded via the same source within 15 working days of the products being delivered to the buyer.
- Wrong product delivery - If the buyer has received the products that are significantly different from the details submitted by the seller (example: wrong code, size, colour or features), the must be reported by the buyer to us within [48 Hours] of the delivery.
- Damaged product delivery - If the products were delivered in damaged conditions, the buyer must report this within [24 hours] from the delivery date. This must be accompanied with images of the defective products along with the invoice details and the courier docket details of the shipment, the details of the same to be mailed to email@example.com . Checkers or excess2sell will not entertain any complaint of damaged products after 24 of the delivery being made to the buyer.
SECTION 18 - REFUND REQUEST PROCESS
- Response - On the receipt of the buyer’s mail regarding the wrong product delivery or damaged product delivery, our customer support will confirm the receipt of the mail with in 24 hours. The complaint will then be evaluated and based on the same our coustomer support will endeavour to revert to the buyer, with an appropriate response within 48 hours. However, the response time may depend on the customer service complaint traffic.
- Product pick up - Once the refund request is approved, the buyer will be informed on the pickup process. The authorised logistic service partner will inform the buyer regarding the pickup of product(s) from the buyer’s premise. The timeline for the pick up will depend on the operational policies of the respective authorised logistic service partner.
- Condition of the product being returned – Product(s) being returned must be in their original condition, original packaging, unused, unaltered and unsoiled condition.
- Refund time line - Once the returned product(s) are received back in original conditions at the warehouse. 100 % of the amount paid towards the product(s) will be refunded via the original method of payment within 10 working days from the date of the product being received and verified to be in its originally shipped condition. However, the taxes paid & shipment charges (if any) included in the buyer invoice will not be refunded.
SECTION 19 - PRODUCTS AND WARRANTIES
- Partial delivery of any product needs to be reported to firstname.lastname@example.org within [7 days] of receipt of such product, along with the invoice & courier details.
- All the information regarding the product(s) listed is taken from the respective products companysite & such company's catalogue. The specifications of the product(s) are subject to change without any prior notice.
- Unless explicitly mentioned otherwise, the product(s) shall be subject to its manufacturer's terms and conditions for purpose of warranty, repair, replacement, service including after sale service and maintenance, and the we do not bear or accept any responsibility for the same. Further, Checkers India Technology Pvt Ltd or Excess2sell marketplace does not bear or accept any responsibility for the usage of the product(s) by the user.
- Checkers India Technology Pvt Ltd or Excess2sell shall have no liability for the manufacturing defects in product received by the buyer and the buyer consents to agree to the terms of the return policy of the respective brand.
- The buyer agrees to use the services provided by Checkers India Technology Pvt Ltd or Excess2sell , its affiliates, consultants and contracted companies, for lawful purposes only. Checkers India Technology Pvt Ltd or Excess2sell may, at its sole discretion, assign any or all of its rights under these Terms to its affiliates without any intimation to or consent of the buyer.
SECTION 20 - INTELLECTUAL PROPERTY
- CHECKERS INDIA TECHNOLOGY PVT LTD 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 CHECKERS INDIA TECHNOLOGY PVT LTD or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by CHECKERS INDIA TECHNOLOGY PVT LTD are hereby reserved.
- "Excess2sell” and any other related icons and logos are registered trademarks of CHECKERS INDIA TECHNOLOGY PVT LTD, 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.
- CHECKERS INDIA TECHNOLOGY PVT LTD may, at its sole discretion, permit the user(s) of the Platform, in writing, to use “Excess2sell” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by CHECKERS INDIA TECHNOLOGY PVT LTD or Excess2sell.
- All text, graphics, photographs, trademarks, logos, and artwork available or accessible on the site are third party user generated content and CHECKERS INDIA TECHNOLOGY PVT LTD or Excess2sell has no control over such third-party user generated content as Excess2sell is merely an intermediary for the purposes of these Terms.
- You shall be solely responsible for any content or information posted or transmitted on the site and shall indemnify CHECKERS INDIA TECHNOLOGY PVT LTD and Excess2sell against any claim or liability arising from any content or information posted or transmitted by You on the site. Any content or information such as but not limited to images, text, videos posted or transmitted on the site shall be licenced to CHECKERS INDIA TECHNOLOGY PVT LTD by the user uploading such content and Excess2sell shall have the worldwide, fully paid-up, perpetual and transferable licence in such content or information for the purposes of its use on the site and for any purpose that CHECKERS INDIA TECHNOLOGY PVT LTD or Excess2sell deems fit. You shall not be entitled to any payment or compensation for any usage of the content by CHECKERS INDIA TECHNOLOGY PVT LTD or Excess2sell.
SECTION 21 - NO CLAIMS OF INFRINMENT
CHECKERS INDIA TECHNOLOGY PVT LTD is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users, or any other third parties.
SECTION 22 - IDEMINIFICATION
You understand that when using this Site, you will be exposed to content from a variety of sources and that CHECKERS INDIA TECHNOLOGY PVT LTD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use.
You agree to indemnify, defend and hold harmless CHECKERS INDIA TECHNOLOGY PVT LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CHECKERS INDIA TECHNOLOGY PVT LTD with respect thereto.
SECTION 23 - SEVERABILITY
Every provision of these Terms of Service shall be treated as a separate term and be validly enforceable separately as such in the event of any provision of these Terms of Service becoming unenforceable in whole or in part. To the extent that any provision(s) of these Terms of Service is / are unenforceable it / they shall be deemed to be deleted from these Terms of Service, and any such deletion shall not affect the enforceability of the remainder of these Terms of Service.
SECTION 24 - RECOURSE
Checkers India Technology Pvt Ltd or Excess2sell reserves all rights to take appropriate recourse under the applicable law which shall include, but not be limited to seeking damages and injunction (both permanent and temporary) against any buyer/seller who causes or attempts to cause any damage to this Site; tampers with the contents of this Site; undermines the legitimate operations of this Site; or in any other manner causes any loss, damage or harm to this Site or to Checkers India Technology Pvt Ltd or Excess2sell.
SECTION 25 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed solely in accordance with, the laws of India. The appropriate courts in Mumbai, India, shall have exclusive jurisdiction in connection with these Terms of Service.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about the Terms of Service can be communicated to us at email@example.com
SECTION 28 - GST COMPLIANCE
GST Responsibility: Partners, shall be solely responsible for complying with all applicable GST laws and regulations. Our platform, Excess2sell, is not liable for any non-compliance by any Partner.
Reporting and Remittance: Partners are responsible for accurately reporting and remitting any GST liabilities resulting from transactions facilitated through the Excess2sell platform.