This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and under Section 2(w) of the Information Technology Act, 2000, and is governed by the provisions of the same, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.secondhugs.com website.
User Agreement
Your use of www.secondhugs.com and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as “the Website” which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website (“User Agreement“). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with Central Cables Limited, a company incorporated under Companies Act, 2013 with its registered office 1 Shakespeare Sarani, 6th Floor, Room No. 6C, A.C.Market, Kolkata 70071, West Bengal, hereinafter referred to as “the Platform” which expression unless the context otherwise requires shall mean and include its successors, liquidators and assigns.
For the purpose of the User Agreement, “Registered User”, “Visitor”, and wherever the context may so require, “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification user name (“User ID” and “Password“) to become a Registered User. The term and expression “You” shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. “Acceptance” shall mean your affirmative action in clicking on the ‘check box’ and/or on the ‘continue’ button and/or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘check box’ or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.
Amendments to the User Agreement
The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time the Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. The Platform reserves the right to amend these Terms and any aspect of these Terms and such amended Terms shall be applicable on all the users of the Platform forthwith.
Important Disclaimers:
The following disclaimers are the key to determining any relationship between You and the Platform for Your use of the Website and for Platform providing any services on the Website:
Platform and its suppliers, affiliates and service providers provide the Website and services on an “as is” basis and without any warranties or conditions, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk and at no time will hold the Platform or its
associates/concerns for any liability that you may incur owing to your access to the Platform or owing to any act in furtherance thereto.
Vendors/individual Sellers/potential buyers are encouraged to promptly report any inaccurate or inappropriate content. Despite diligent efforts to ensure accuracy, completeness, and currency of information in listings and advertisements, we cannot guarantee the same. Users are strongly advised to independently verify all details. The Platform, its associates, affiliates service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or
timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, 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.
The Website is only a venue where users may meet and interact with one another for their transactions. The platform is not and cannot be a party to or control in any manner any transaction between two users of the Website. Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee,
warranty or provide any assurance on the behaviour of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled “Limitation of Liability”, Your sole and exclusive remedy and Platform’s sole and exclusive responsibility and liability is to provide You necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers listed on the Website) with respect to any dispute. You indemnify the Platform against any sort of claim and dispute that may arise owing to Your use of the Platform from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer fees) arising from (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of the Terms And Conditions; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; your non-adherence to the applicable laws pertaining to your products and services including but not limited to civil and criminal acts, wrongs, deeds etc. This indemnification obligation will survive your use of the Platform.
Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Platform may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services, and payment facilitation through nodal bank(s) under applicable laws.
You understand, agree and acknowledge that the Platform will engage independent third-party service providers to perform these services. The Platform may on a reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in
contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled “Limitation of Liability[m1] “.
You understand, agree and acknowledge that Platform uses third-party service providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data
privacy laws may differ from that of Your Jurisdiction. You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the thirdparty is attributed to a direct cause of misconduct and gross negligence of Platform.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Razorpay is used for processing payment transactions with third-party service provider partners, such as Visa, Mastercard, NPCI and other such organisation. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You may participate in our Forum or utilize our Comments feature. For postings to the Forum, your username will be posted. For postings using the Comments feature, your name and email will only be posted if you provide it in the comment. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
Electronic Communications
When You use/visit the Website or send emails or other data, information or communication to the Platform, You are communicating with the Website and Platform under the provisions of the Information Technology Act, 2000. You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records
from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required. The Website and Platform will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that the Website and Platform provide to you electronically satisfy any legal requirement that such communications be in writing.
Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your ‘designated electronic address’ and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.
Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website/Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor, if you wish to purchase or sell an item on the Website such a purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform’s notice or if it is discovered that you are under the age of 18 years or are otherwise “incompetent to contract”. If you are registering as or
on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement. In case, for some reason it is discovered that you are not duly authorized by the business entity to accept this User Agreement, you will then be personally bound and liable to compensate any claims and or liability that may arise.
Membership Benefits
As a registered member of Second Hugs, your address, email-id, and other delivery details become automatically saved in the “My Account” section of the Website, accessible only to you. You can track all your orders by logging in to the “My Account” section with the User ID and Password set by you. You can save items you are interested in, using the “My Wishlist” feature, for easy purchases. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the Website by
various sellers, as well as promotional schemes, will be e-mailed to you at regular intervals.
Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form or provided by you as a Visitor or user of a third party site through which you access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
The Platform grants you a limited license to access and make personal use of this Platform and Website and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of the Platform. This license does not include any resale or commercial use of this website or its contents, any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots. Or similar data gathering and extraction tools.
This Website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from the Platform. You may frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Platform and our associates without express written consent from the Platform. You may not use any meta tags or any other “hidden text” utilizing the Platform’s name or trademarks without the express written consent of the Platform.
Any unauthorized use terminates the permission or license granted by the Platform. You are granted a limited revocable, and non-exclusive right to create a hyperlink to the homepage of the Platform so long as the link does not portray the Platform, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Platform’s logo or other proprietary graphics or trademark as part of the link without the Platform’s express written permission/consent.
Fees and Services
Platform Fee
A platform fee is charged to buyers during checkout based on the total cart value. This fee is slab-wise and fixed, as shown below, and is added on top of the product price and shipping fee.
| SLABS (₹) |
PLATFORM FEE (₹) |
| 0 – 500 |
50 |
| 501 – 1000 |
100 |
| 1001 – 2000 |
200 |
| 2001 – 3000 |
300 |
| 3001 – 5000 |
500 |
| 5001 – 7000 |
600 |
| 7001 – 10,000 |
700 |
| 10,001 – 20,000 |
800 |
| 20,001 and above |
1000 |
In cases where the seller is GST-registered and has submitted a valid GSTIN, a 20% charge on the cart value will be levied in place of the slab-based platform fee. This charge will be shown separately at checkout.
Membership and browsing on the Website is free. As per the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 an “E-commerce marketplace may provide support services to sellers in respect of warehousing, logistics, order fulfillment, call-center, payment collection and other services.” Accordingly, the Platform through various third-party
service providers engages in order fulfillment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.
Taxes
You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Use of the Website
You understand and agree that Platform and the Website merely provide services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user-generated content and material. The Platform 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. The platform has no control over the third party user generated contents.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
You are solely responsible for Your Information, and the Platform and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- Belongs to another person and to which you do not have any right to.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Harm minors in any way.
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve 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 such messages or communicates any information which is grossly offensive or menacing in nature.
- Impersonates another person.
- Contains software viruses or any other computer code, 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 cognizable offense or prevents investigation of any offense or is insulting any other nation.
- Is false, inaccurate or misleading.
- You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of 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.
- You shall not create liability for Platform or cause Platform to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
- You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and international laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service 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. Platform for Communication
The Website is only a venue where users may meet and interact with one another for their transactions. The platform is not and cannot be a party to or control in any manner any transaction between two users of the Website.
All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after-sales services related to goods and services. The platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms
between buyers and sellers. Without prejudice to the foregoing, the Platform may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.
Platform is not responsible for any non-performance or breach of any contract entered into between users. Platform cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. Platform shall not and is not required to mediate or resolve any dispute or disagreement between users. The users (sellers as as well as the purchasers) unequivocally and without any qualification indemnify the Platform, its associates from any liabilities, claims and/or obligations arising out of performance and/or non-performance of any contract entered into between users of the Platform.
Platform does not make any representation or warranty as to the attributes (such as quality, quantity worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website and/or Platform. In particular, Platform does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Platform accepts no claims and/or liability of whatsoever nature, for any errors or omissions, whether on behalf of itself or third parties.
Platform does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.
Platform is only providing a platform or venue for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.
Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.
The platform cannot control the information provided by other users which is made available on the Website. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
The function of the Platform is limited to providing access to a communication system over which information made available to you is transmitted or temporarily stored or hosted. The Platform observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf. The Platform does not:
initiate the transmission;
select the receiver of the transmission, and
select or modify the information contained in the transmission.
Therefore, pursuant to the provisions of the Legal Metrology (Packaged Commodities) Amendment Rules, 2017, the responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
Registered Users are hereby apprised that any grievances regarding unfair trade practices or deficiency in services pertaining to listings on the Platform should be addressed directly with the Vendor/Seller of the respective listing.We assume no responsibility for the actions or representations of the Vendor/Seller and the Buyer.Registered Users are appraised that for any perceived unfair trade practices or deficiencies in services, the buyer can file consumer complaints directly against the Vendors/Sellers of the listings.
Privacy
The Platform collects, stores, processes and use Your information in accordance with Platform Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Platform in accordance with the Privacy Policy.
Also, please note that the details you give us are essential for the processing and delivering your orders, for billing and for the establishment of warranty contracts (if applicable), therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the
present General Terms and Conditions.
Disclosures: On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce these Terms and/or Privacy Policy; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Second Hugs, our users or the general public; or we are in notice of any criminal activity being conducted via the Platform. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. If substantially all of our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may send you a notice regarding this sale.
Payment Facility
Platform may from time to time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service
providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. You do not need to hold an account with these third party/parties to use these methods of payment.
Breach
Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If you breach the User Agreement or any terms or policies of the Website
- If your actions may cause legal liability for you, other users or Platform; andIn case, the Platform deems it appropriate for any reasons whatsoever.
Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to 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.
Selling
You must be legally able to sell the item(s) you list for sale on our Website. 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 and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. 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. 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 in any manner. You shall inform the Platform at the time of listing your product and subsequent to the listing, of all the declarations as required under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009 to be displayed on the website and ensure that the declarations on the package of the product are duly complied with and regularly updated, as and when, there is a change therein. You must ensure that You cannot provide your personal details or any details
from which the other users can reach and/or communicate with you, in your listing or during your purchase. The Platform reserves its right to initiate legal action, both civil as well as criminal against any user found sharing any details which would felicitate direct communications between the Seller and interested purchaser and also claim damages and penalty for such actions.
Second Hugs Brand Protection Policy
secondhugs.com “website” is an online marketplace and an intermediary as defined by applicable laws and facilitates online sale, by third party merchants and vendors/sellers who list their products on Second Hugs.com. Second Hugs is an intermediary and does not control the products sold on the website, however its at discretion in accordance to the applicable laws to remove content and products from the website if Second Hugs determines in its sole discretion that such products/content are in violation of Second Hugs policies or any applicable laws.
Second Hugs respects third party Intellectual Property rights and actively supports protection of all third-party Intellectual Property including Copyrights and Trademarks (“IP”). Second Hugs is committed to removing infringing products from the website. To facilitate this, Second Hugs has put in place a Infringement verification process so that intellectual property owners could easily report listings that infringe their rights.
Report of Violations of Your Intellectual Property Rights: If you believe that your IP right has been infringed by any of our sellers, you may follow the below process:
The Intellectual Property right owner or authorized agent provide the following details and email it to [email protected]. The email/takedown notice should contain the below information:-
- Identification or description of the copyrighted work/ trademark that has been infringed.
- Clear identification or description of where the material that you claim is infringing is located on www.secondhugs.com with adequate particulars. Product ID / website links of infringing products (in case of copyright infringement).Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
- A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Brand Name (in case of Trademark infringement).
- Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments).
Once we receive the information, we will evaluate the contents of the notice and verify details.
We may take such action as we deem appropriate in keeping with our policies and applicable laws which may include, asking further details from you or taking down the content that was the subject matter of your notice.
Second Hugs assures a takedown of any listing that infringes third party IP rights within1 working day after being satisfied that:
Ownership of the intellectual Property has been established.
The infringer has been identified through proof of purchase or any other document.
The claim of infringement is based on objective and reasonable basis.
In the absence of the above, Second Hugs also delists products within 1 working day of compliance with any directions or order passed by court or any other relevant authority. Second Hugs strongly condemns counterfeiting and infringement of IP rights. Second Hugs prohibits sale of such products on its website and penalizes sellers who are found to be selling counterfeits on Second Hugs.com.
Exclusive or Selective Distribution: Second Hugs respects a manufacturer’s/sellers right to enter into exclusive distribution agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for Second Hugs to assist in enforcement activities.
Further copying or reproducing the Platform, the listings, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate, or copy Content or listing from the Platform, and agree to abide by any and all copyright notices and other notices displayed on the Platform. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Platform. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Platform.
Limitation of Liability
In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy). You expressly agree that your use of this site is at your sole risk.
In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Platform’s entire liability and your sole and exclusive remedy in any circumstance is limited to the following:
- If you are a seller on the Platform: an amount of Commission or other charges, if any, paid by you as seller on the Website to Platform for any transaction or any transaction under dispute.
- If you are a buyer: Your liability is to pay the product amount, shipping charges, platform fee, and other charges, if any. The Platform’s entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable You to get the refund of the product price from the seller on the Website.
Other than the aforesaid, Platform shall have no liability to You.
You expressly agree that your use of the Platform and Website is at your sole risk, to the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. The Platform does not warrant that this Website, its servers, or E-mail sent from the Platform are free of viruses or other harmful components. The Platform will not be liable.
For any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnity
You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform’s shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights
of a third party.
General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.
In Platform’s sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
Other Complaints
In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at 8697181507.
Governing Law
By visiting the Website, you agree that the laws of India, without regards to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Platform.
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India.
Arbitration
If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of
arbitration shall be Kolkata. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
In furtherance to the aforesaid, You also agree that the courts of Kolkata, West Bengal, India, shall have the exclusive jurisdiction with respect to all disputes, which may arise between the Platform and you in furtherance to the Arbitration Clause above.
E – COUPONS
The Terms and Conditions laid down here shall be applicable on all the E- Coupons used across the website and shall be read together with the existing Terms of Use and other policies as stated on our website www.secondhugs.com (“Website/Platform”) and as applicable from time to time
Any offer (“E-Coupon”) contained in any electronic communication, or any communication that may be displayed on the Website, is made by sellers registered on the Platform, and not by the Platform itself. The offers provided to the customer by the sellers can be availed by way of utilization of E-Coupons.
Offer under the E-Coupon maybe in the form of instant discounts and/or cashbacks in form of Second Hugs Credits (“Second Hugs Credits”) and/or any other form or manner as maybe agreed between the platform and the merchant E-Coupons are also not offered to, and shall not be used by, such Registered Users who under any statutory obligations are prohibited to use E-Coupons. Each E-Coupon is a privilege provided to Registered Users by the sellers on the Platform and is not a right or claim against Platform. Platform reserves the right to cancel an E-Coupon, in case a Registered User is found to be in violation of the Terms of Use.
Registered Users using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions. The value of E-Coupons and the mode of using E-Coupons will be specifically as mentioned in the electronic communication sent to you or displayed on the Website.
E-Coupons can be redeemed only on purchases made through the Website on those listings that provide for the option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of payment by Platform pursuant to the Platform’s risk containment measures. E-Coupons cannot be used to buy any item which is illegal or prohibited by the Terms of Use.
One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupon shall be forfeited, and the User cannot claim any benefit or a substitute an E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.
An E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or promotion except Second Hugs Credits.
The Platform may offer various discounts / incentives to the customers on select products for a select period, together with any discount that maybe offered by the Merchants listed on the Platform. The gross discount offered by the Platform to the customer, may be reduced on account of various business and operational costs, which entails costs such as administration costs, platform costs, tax costs, etc. Since this
discount is offered by the platform on select products and for a specific time, the associated business and operational costs are recovered from the customer. The customer understands and agrees to such costs and accepts discount net of such costs.
It is our endeavour to provide the best service to our customers and complete transparency in our dealings. Therefore, the Platform has displayed the Gross Discount available, and has subsequently reduced the above-referred Costs to arrive at the Net Discount availed by the customers.
This reduction to the gross discount is calculated, keeping in mind the best offer price made available for the selected products to the customers.
Second Hugs reserves the right, at its sole discretion, at any time to levy/charge fees on the processing of the E-Coupons and/or provision of the Second Hugs Credits and/or utilization of the Second Hugs Credits, without prior intimation or communication.
Second Hugs reserve the right, at its sole discretion, at any time to vary/change/extend/withdraw any E – Coupons and/or Second Hugs Promotions and/or offers provided thereunder, without prior intimation or communication.
Other Terms & Conditions:
You should be logged in as a Registered User of secondhugs.com in order to use and avail the benefits of the E – coupons which are mapped to your User ID. Orders without logged-in status maybe cancelled.
The offers/E-Coupons/Second Hugs Promotions are valid only for genuine customers who have received direct communication, in any form or manner, of such offer/E-Coupon/Second Hugs Promotion. Second Hugs reserves the right to cancel any orders placed by registered users using an E-Coupon, which is not directly communicated to the customer in any form or manner.
Second Hugs reserves the right, at its sole discretion, to decide whether a customer is/was eligible to use an E- Coupon or not for the order placed.
An E- coupons can be used by a customer only once.
Offer will not be applicable on certain items.
Second Hugs reserves the right, at its sole discretion, to exclude certain items from the Offers/E-Coupons/Second Hugs Promotions offer, without prior intimation or communication.
Second Hugs reserves the right, at its sole discretion, to cancel any order where it suspects the misuse of E – Coupons by using unlawful, unethical means, incorrect user information/details, duplicate emails, mobile numbers or addresses. The decision of Second Hugs will be final and binding in this respect.
Second Hugs reserve the right, at its sole discretion, at any time to amend/change the terms and conditions of any E – Coupons and/or Second Hugs Promotions and/or offers provided thereunder.
Any B2B orders under this offer will be canceled. The decision of Second Hugs will be final and binding in this respect.
Disclaimers
The Platform is not responsible for any typographical error leading to an invalid coupon. Platform does not guarantee that any one or more listings on the Website or the desired listings of the Users would have E-Coupon as the payment option. Platform is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupons, nor is the Platform is warranting or endorsing any product or services listed on the Website, nor warranting or verifying or guaranteeing the performance or conduct of any seller or of any third party. Platform shall not be liable for any lost or stolen E-Coupons and E-Coupons once issued shall not be reissued. Platform makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons.
Limitation of Liability
Under no circumstances shall Platform’s liability exceed giving the User a replacement E-Coupon of the same nature and of the same value. These terms and conditions are subject to Indian laws and any dispute shall be subject to the jurisdiction of the courts in Kolkata (India) only.
Second Hugs.com – Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under and the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and the contact details of the Grievance Officer are provided below:
Name: Jaya Bajpai
Address: 1, Shakespeare Sarani, 6C AC Market. Kolkata-700071, West Bengal, India
Contact: [email protected]
Email: [email protected]
Further for any product or services related complaint or query, please contact [email protected] (Customer Care).
Website Policies and Modification Thereto
The Platform’s Website is a work in progress, and as such things may change, be added or be taken away. We (the Platform) reserve the right to update the Website, these Terms of Use and our other policies such as our Shipping and Return policy, posted on this site, from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agreed to the changes.
Waiver and Severability
Any failure, on the part of the Platform, to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Use constitute the entire agreement between you and the Platform, and governs your use of the service, superseding any prior agreement (including, but not limited to, any prior version of the Terms of Service).
If any provision of these Terms of Service is held by a Court of competent jurisdiction to be invalid, illegal or unenforceable to the minimum extent such that the remaining provisions of the Terms of Use will continue to be in full force and effect.
