INSECTA : TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.insecta.in] (“Website”), including the related mobile site and mobile application, if any, (hereinafter referred to as “Website”/“Platform”) with immediate effect.

1. Definitions

In this “Terms of Use” agreement, the following words shall have the following meaning:

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

2. Membership Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including undischarged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

INSECTA reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to INSECTA's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform without supervision of legal guardian.

3. Your Account and Registration Obligations

B.  You shall be responsible for all activities that occur under your Display Name and Password.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

You agree that INSECTA shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account.

4. Communications

You will be required to provide a valid phone number while placing an order on the Platform unless provided at the time of getting registered with the Platform. By registering Your phone number with Us:

A.  You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.

B.  We will not use your personal information to initiate any promotional phone calls or SMS unless opted by you.

C.  When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required.

D.  We may communicate with you by email or by such other mode of communication, electronic or otherwise.

5. Business Sell against GSTIN for input tax credit to the Buyer

• Availing of input tax credit is subject to provisions of GST Act and rules.

• Unless GSTIN details are not provided by the buyer, the purchase is for personal consumption.

• GST invoice will have, inter-alia, the following details printed on it: GSTIN associated with your registered business/organisation, as provided by you

• Entity name of your registered business/organisation, as provided by you

• Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of INSECTA/Seller.

• Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes unless it has been mutually agreed upon.

• For seamless availing of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority.

• The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.

• INSECTA is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.

• INSECTA shall not entertain any request for any revision in the GST Invoice nor any such sells can be returned/refunded in any circumstances.

• INSECTA will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.

• You shall be solely liable for all compliance required under applicable laws.

• INSECTA has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.

B.  You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

6. Charges

Membership on the Platform is free for buyers. INSECTA  does not charge any fee for browsing and buying on the Platform. INSECTA reserves the right to change its Fee Policy from time to time. In particular, INSECTA may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event INSECTA reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to M/s. INSECTA.

7. Use of the Platform

A.  You shall not host, display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which You do not have any right to;

• is grossly unlawful in any manner whatsoever as per the laws of Republic of India;

• is misleading in any way;

• is patently offensive to the online community or any other user of the Platform;

• harasses or advocates harassment of another person leading to intimidation;

• involves the transmission of "junk mail", "chain letters", or unsolicited "spamming" involving the “Name”, “Identity” or “Resources” of INSECTA;

• infringes upon or violates any third party's rights [including, but not limited to, Intellectual Property Rights, Copyrights, Patent, Trademark, & Rights of privacy.

• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

• provides instructional information illegal as per any penal and criminal code of republic of India or liable as per IT Act-2000;

• tries to gain unauthorized access or exceeds the scope of authorized access to the various sections of Platform;

• engages in commercial activities and/or sales without Our prior written consent;

• refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

• impersonate another person;

• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

B.  You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content. We reserve Our right to bar any such activity.

C.  You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform by any unauthorised/illegitimate.

D.  You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms INSECTA/www.insecta.in or otherwise engage in any conduct or action that might tarnish the image or reputation, of Us or Brands/Trademarks/Copyrights etc. available/associated on the Platform.

E.  You shall not use the Platform or any of its content for any purpose that is unlawful or prohibited by these Terms of Use.

8. Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), associated to any product related any brand and its claims are liable to manufacture of the same and INSECTA has no control over content as INSECTA is merely an Platform for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without INSECTA’s express prior written consent.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You:

A.  do not remove any proprietary notice language in all copies of such documents;

B.  use such information only for your personal, non-commercial informational purpose;

C.  do not copy or post such information on any networked computer or broadcast it in any media;

D.  make no modifications to any such information; &

E.  do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, reviews, ratings, opinions, ideas, images, or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

9. Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties as it may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

10. Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, INSECTA does not warrant that:

A.  This Platform will be constantly available, or available at all; or

B.  The information on this Platform is complete, true, accurate or non-misleading.

C.  Nothing on Platform constitutes, or is meant to constitute, advice of any kind and any proceeding to sale is Your personal perception, evaluation, and decision about both qualitative and quantitative aspects of product/services on this Platform.

D.  All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

11. Services

Compliance with Laws

i.  Foreign Exchange Management Act, 1999

ii.  Customs Act

iii.  Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008

iv.  Prevention of Money Laundering Act, 2002 and the rules made there under

v.  Foreign Contribution Regulation Act, 1976 and the rules made there under

vi.  Income Tax Act, 1961 and the rules made there under

vii.  Export Import Policy of government of India

Buyer's arrangement with Issuing Bank

A.  All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

B.  All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Digital Content

A.  These Terms of Service (“Terms”) govern your access to and use of “Content”. By viewing the Contents you agree to be bound by these Terms. Content posted on the Platform is public and can be viewed by everyone who can see the Page.

B.  INSECTA is hosting the Content created/provided by the manufacturers/importers (“Content Owner”), for the convenience of Platform Users, and as such, INSECTA has no ownership or control whatsoever in the Contents displayed. The Contents posted on the platform are of personal views wherein INSECTA plays no role other than representing the Content. You are responsible for your use of the Platform for viewing the Content.

C.  By hosting the Content on the Platform, INSECTA, unless the manufacturer, is neither guaranteeing nor giving any warranty nor making any representation with respect to the Contents. INSECTA is neither endorsing the views, products or the Services, nor is it responsible for quality or features of the content displayed on the Platform.

D.  Any information on the Platform, whether the content or any other information, have not been verified by INSECTA, therefore, INSECTA shall not be responsible for any such content or information. INSECTA will not bear any obligation or liability if You rely on the Contents

E.  If You choose to view or rely, INSECTA will neither be a party to nor in any manner concerned with the same nor be liable or responsible for any act or omission of the Content Owner.

F.  You hereby acknowledge that the Contents are created and owned by who own all the rights including the copyrights in the contents.

G.  We reserve the right to remove Content that violates the Terms of Use, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.

H.  If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to info@insecta.in

I.  We may revise these Terms from time to time.

Indemnity

Applicable Law

Jurisdictional Issues/Sale in India Only

Trademark, Copyright and Restriction

Profanity Policy