These terms describe the relationship between Clearprise Technologies Pvt Ltd, owners and operators of KashMate.com ("Clearprise", "we," "us," or " KashMate ") and the buyer identified below ("Buyer" or "You") and applies to purchase of Products and/or services from KashMate and its associated website and/or services, located at http://www.kashmate.com ("KashMate") or as expressly provided elsewhere. By purchasing Products and/or services and/or using KashMate, you agree to accept these terms and conditions, as well as the KashMate Terms of Service, and Privacy Notice located on the KashMate website (collectively, the "Terms of Purchase"). The Terms of Purchase will become effective on your first access to the KashMate website or commencement of communication with any KashMate employee or representative (the "Effective Date").
1. General. These Terms of Purchase apply to all sales of Products from us to you, and supersede all other terms and conditions, including any standard or pre-printed terms, provided to us by you, including any terms provided on any purchase order. We expressly reject any such terms. Non-negotiated terms such as these will have no effect, and KashMate’s acceptance of a given purchase order, if applicable, shall not obligate KashMate to accept any such non-negotiated terms or conditions.
a. "Products" means any item or service available for purchase.
b. "Lot" shall mean a collection of any pre-grouped Products, including but not limited to a carton, pallet, box or case.
c. "Lot Detail Page" shall mean any webpage on KashMate.com with details about a Lot for sale, including but not limited to description and price.
3. Registration Requirements. Except as otherwise provided by KashMate, the Buyer shall only be eligible to purchase after the creation of a user account on KashMate and/or, if applicable, submission of a Buyer Application to KashMate.
4. Buyer Warranties. Buyer represents and warrants that it is authorized and legally able to purchase, use, and/or disposition goods in accordance with all applicable laws and regulations.
5. Sales and Payment Process.
a. Product Condition. Products are offered for sale in various conditions. We generally use reasonable efforts to classify Products based on appearance, functionality, information provided by our suppliers, and other factors. However, such classifications are not necessarily accurate. The condition descriptions are listed on KashMate. The anticipated condition of Products in each Lot will be noted on the Lot/Item Detail Page.
b. Conditions of Sale; Payment. In consideration for your agreement to these Terms of Purchase, payment of the sale price of your order, shipping charges, plus applicable taxes, and any other applicable fees, KashMate hereby agrees to sell you Products pursuant to these Terms of Purchase. Nothing in these Terms of Purchase obligates KashMate to sell Products to you.
c. Purchase Cancelation. We reserve the right, at our sole discretion, to cancel any purchase for any reason. Reasons for why your purchase may be cancelled include but are not limited to: inaccuracies in Lot listings, prior sales, failure to provide requested tax certificates if applicable, or issues identified by KashMate’s fraud, risk management and compliance team. In the event that a purchase is cancelled, you will be notified by email, and the purchase price will be refunded. You may not cancel any purchase once KashMate has received your funds.
d. Payment Term Changes. KashMate may require additional and/or alternate payment terms and conditions in its sole and absolute discretion.
e. Payment Terms. You shall submit the Purchase Price to B-Stock, on behalf of the Seller, under the payment terms set forth herein and in the applicable Listing and Email Invoice. B-Stock will determine in its discretion if your payment is complete. Once it is complete, B-Stock will transmit a paid invoice email ("Paid Invoice") to you and the Inventory’s Seller or custodian, which Paid Invoice will serve as an authorization to release the Inventory to you. B-Stock may revise the payment terms from time to time in its sole and absolute discretion upon notice to you; provided, however, that any change to payment terms will not be effective for any then-pending Sale, but will only be effective for the next Sale subsequent to such notice. Upon acceptance of such Purchase Price and fulfilment of any other applicable conditions to sale, Seller will sell you the Inventory and shall make such Inventory available for removal by you or your agents in the manner set forth in Section 5 below.
6. Acceptance of Products.
a. Title; Risk of Loss. Title to Products will remain with KashMate until we tender the Products to a common carrier. You expressly acknowledge that the risk of loss and liability for the Products shall pass to you upon product shipment, or in the event that you agree to receive Products at a designated KashMate location. You acknowledge and agree that you shall have no right to refuse or return the Products after KashMate has accepted your payment. If you fail to accept the delivery of such Products and/or they are returned to us, KashMate may re-initiate a new shipment at your sole risk and expense, and/or bill you for any and all shipping and transportation costs, common carrier fees and surcharges, and restocking fees. In such cases you agree to pay all applicable fees and expenses. No refunds will be issued for orders refused at delivery or for failure to schedule delivery with a common carrier.
b. Buyer Abandonment. Buyer arranged shipments must be scheduled within 3 days of payment and shipments must be completed within 6 days of payment or KashMate will consider the Products to have been abandoned by the Buyer and thereafter Buyer foregoes any and all rights to such Products. In addition to any other rights and remedies available to KashMate, They shall forfeit, at KashMate’s sole discretion, a cancellation fee up to 100% of the amount paid to KashMate if any, for the Products and is responsible for any damages suffered by KashMate due to Buyer’s failure to perform. As KashMate retains all ownership rights in the Products in such circumstances, KashMate has the right to sell such Products or otherwise dispose of the Products in any manner KashMate deems appropriate, all without any liability to you.
c. Shipment, Missing Lots, Damages and Tampering. If the shipments received upon delivery do not match the number purchased, and/or there is visible damage to packaging, and/or the seal has been broken, you must contact a KashMate representative within 24 hours of delivery. Any discrepancies with respect to the manifest/product listing and what has been received shall not be entertained beyond 24 hours of receipt of material.
d. Documentation of damages or missing inventory. If requested, missing inventory, damages, and/or tampering must be documented to the satisfaction of KashMate and/or its common carrier.
7. Returns. Unless otherwise provided in writing for a specific purchase, KashMate offers no returns or exchanges on any of the Products it sells.
8. Manifest Guarantee.
i. KashMate provides a limited guarantee, subject to the conditions of this Section 8, that the Products delivered will match the condition and contents as listed in the manifest on the Lot Detail Page. If the condition and/or contents of the Lot are short by more than 5%, KashMate will compensate you, as described below.
b. Requirements and Exclusions
i. The guarantee applies only to Lots listed and sold on KashMate (and not elsewhere), and only where the guarantee is expressly stated. If it is not stated, the guarantee does not apply.
ii. The guarantee applies only to claims made in a timely manner that follow all the requirements in Section 8.3 below.
iii. The guarantee does not apply to any Products listings that exclude detailed item information. KashMate offers no guarantee on accuracy of Estimated Original Retail Price, or any other pricing information.
i. To qualify for a claim, Buyer must fulfil all of the following within seven (7) days after delivery of Products by a common carrier:
1. Buyer shall only initiate a claim for a transaction which is eligible for the Manifest Guarantee.
2. Claim shall only be initiated by email to firstname.lastname@example.org with the subject "GUARANTEE CLAIM" and received by KashMate not later than seven (7) days following confirmed delivery of the Products.
3. Buyer shall provide all information deemed pertinent to the claim and requested by KashMate including but not limited to (a) detailed notation of condition and/or content discrepancies and (b) photographs of Products received.
ii. Acceptance or rejection of any and all claims is at the sole discretion of KashMate.
1. Compensation to Buyer for accepted claims shall be commensurate with determined discrepancy, and shall be done at the sole discretion of KashMate based upon information in KashMate’s possession.
2. Details of any claim or resolution shall be considered confidential.
9. Credit Card Chargeback’s. If you dispute a charge to your credit card that KashMate in its sole discretion, believes was a valid charge, you shall be held liable for any and all of KashMate’s costs. KashMate will work with you to resolve legitimate disputes pursuant to this Agreement; however, you agree that KashMate has the unequivocal right to recover our fees and costs from any unauthorized chargeback’s. Further, KashMate may choose to reject any further transactions from you, your company, or any affiliated companies or entities.
10. Privacy and Confidentiality. Due to their respective relationship, Buyer and KashMate may have access to certain information pertaining to their respective businesses that is confidential. Each party will take reasonable precautions and care to keep such information confidential. If a receiving party is required by the order of any court of competent jurisdiction or by some other required law or legal process to disclose confidential information about the disclosing party, the party shall, if permitted by law, inform the disclosing party prior to the disclosure so that the disclosing party may have the opportunity to contest the order or seek other forms of protective action.
11. Resale restrictions may apply. You recognize and agree that certain Products may require additional processing, including delabeling, defacing, data wiping, other alterations, and/or destruction, may not be exported, may not be offered for sale or sold to or through certain marketplaces or other channels, and/or may not be sold without relevant licenses. You agree to comply with all such applicable restrictions and limitations. If you have questions, please contact KashMate.
a. No Reference to KashMate, Clearprise, any other related brands or clients, partners, or suppliers. You agree to remove any packaging and materials that reference KashMate or its suppliers as the source of any Products purchased from KashMate. You further agree that you will not refer KashMate or its suppliers or otherwise disclose their identity in any advertising or marketing of the Products.
b. No returns. No Products shall be returned to any retail or other location for a refund, credit, exchange, or otherwise.
c. Data Wiping. By purchasing from KashMate you agree to overwrite and/or destroy, consistent with then-current industry best practices or applicable law, whichever is more stringent, all personally identifiable information and similar data that may reside or be contained in any device that you have purchased, prior to your use or resale of that device. BUYER SHALL SPECIFICALLY DEFEND, INDEMNIFY AND HOLD KASHMATE AND ITS SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES AND DAMAGES OF ANY KIND RESULTING FROM BUYER’S BREACH OF THIS SECTION. THIS PROVISION APPLIES REGARDLESS OF THE STATE OF FUNCTIONALITY OF THE DEVICE(S).
d. No Export. Products purchased from KashMate may not be exported outside India except as expressly authorized in writing by KashMate and in accordance with applicable law.
e. Environmental. Buyers must comply with all applicable environmental laws when disposing of any Products, including all laws related to waste disposal, air emissions, discharges, toxic substances and hazardous waste disposal. In the event a buyer decides to dispose of consumer electronics, such a buyer must dispose of such electronics using a certified electronics recycler.
f. Other Restrictions May Apply. In addition to the requirements set forth above, you agree to comply with any and all other applicable laws and/or requirements of KashMate relating to the use and/or resale of Products, in connection with your purchase of Products from KashMate.
12. Indemnification. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD KASHMATEITS OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES, SUPPLIERS AND PARTNERS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS ARISING OR RESULTING FROM YOUR PURCHASES FROM KASHMATE OR USE OF THE KASHMATE WEBSITE, OR CLAIMS OR DEMANDS FROM ANY END USER OR PURCHASER OF ANY PRODUCTS.
13. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8 ABOVE, ALL PRODUCTS SOLD AND SERVICES PERFORMED BY KASHMATE ARE PROVIDED "AS IS", AND KASHMATE DISCLAIMS ANY AND ALL OTHER PROMISES, CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY.
14. Force Majeure. Except with respect to payment obligations hereunder, if a party is prevented or delayed in performance of its obligations hereunder as a result of circumstances beyond such party’s reasonable control, including, by way of example, war, riot, fires, floods, epidemics, or failure of public utilities or public transportation systems, such as failure or delay will not be deemed to constitute a material breach of the Terms of Purchase, but such obligation will remain in full force and effect, and will be performed or satisfied as soon as reasonable practicable after the termination of the relevant circumstances causing such failure or delay.
15. Assignment; Delegation. You shall not assign any of the rights or delegate any of your duties under these Terms of Purchase without the express, prior written consent of KashMate. Any assignment or other transfer in violation of this Section shall be void.
16. Amendments; Modifications. These Terms of Purchase may not be amended or modified except in a writing duly executed by authorized representatives of both Parties.
17. No Third Party Beneficiaries. The Parties acknowledge that the covenants set forth in these Terms of Purchase are intended solely for the benefit of the Parties, their successors and permitted assigns. Nothing herein, whether expressed or implied, will confer upon any person or entity, other than the Parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of these Terms of Purchase.
18. Severability. If any provision of these Terms of Service is invalid or unenforceable for any reason in any jurisdiction, such provision will be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in these Terms of Purchase will not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of these Terms of Purchase invalid or unenforceable whatsoever.
19. Waiver. No waiver under these Terms of Purchase will be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of such waiver is sought. Any such waiver will constitute a waiver only with respect to the specific matter described therein and will in no way impair the rights of the party granting such waiver in any other respect or at any other time. Any delay or forbearance by either party in exercising any right hereunder will not be deemed a waiver of that right.
20. Choice of Law; Dispute Resolution; Arbitration.
a. These Terms of Purchase are governed by the laws of the National Capital Region of New Delhi, excluding conflicts of law provisions.
b. Any dispute arising out of or relating to these Terms of Purchase, including (without limitation) breach, termination or validity thereof, shall be finally resolved by arbitration by a sole arbitrator appointed by KashMate in New Delhi, in accordance with the Indian Arbtration Act & judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The Arbitrator may award interim and final injunctive relief and other remedies, but may not award punitive damages. Any award of the arbitrator (including awards of interim or final remedies) may be confirmed or enforced in any court having jurisdiction.
1.1.1 PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WWW.KASHMATE.COM WEBSITE OR RELATED SERVICES
1. The Information We Collect
When you visit kashmate.com, or telephone, email or FAX orders to Clearprise, you provide us with two types of information: (i) personal information that you knowingly choose to disclose to us and (ii) information that is collected by us as you use kashmate.com. In addition, when you become a registered user by creating an account on kashmate.com, you provide us with certain personal information (such as your name, address, telephone number, email address, etc.).
When you use kashmate.com, we collect information relating to your browser type and Internet Protocol (IP) address. In addition, we store certain information from your browser using cookies. A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that Users (as defined in kashmate.com’s Terms of Service at https://www.kashmate.com/tnc are logged in, which terminate once the user closes the browser. In addition, we use a cookie to store your cart contents for 48 hours. By default, we also use a persistent cookie that stores your login ID (but not your password) to make it easier for you to log in when you use kashmate.com. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature. We may also collect pages viewed, resources accessed, general traffic data, location data, and other communication data.
Any improper collection or misuse of information provided on kashmate.com is a violation of kashmate.com's Terms of Service at https://www.kashmate.com/tnc and should be reported to email@example.com
By using kashmate.com, you are consenting to have your personal data transferred to and processed in the India. Please do not use the website or services unless you fully understand and consent to any and all privacy implications resulting from data transmission and data storage in India.
2. Children under the Age of 13
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to become registered users or create accounts. If you are under the age of 13, please do not attempt to become a registered user or send any information about yourself to us (including your name, address, telephone number, or email address). In the event that we learn that we have collected personal information from a person under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a person under the age of 13, please contact us at firstname.lastname@example.org
3. Use of Information Obtained by Us
We use information collected from you to provide our services to you. In addition, we may use the information for one or more of the following purposes:
We may occasionally use your name and email address to send you notifications regarding new Services offered by us that we think you may find valuable. You may “opt-out” of these email notifications.
We may send you Service-related notifications from time to time through the general operation of kashmate.com.
We may use the credit card information provided by you to pay for the services and products we provide to you.
We may share information in your profile with third parties. We do this for purposes such as (without limitation) aggregating general traffic trends, and personalizing advertisements and promotions. We believe that this benefits you while also protecting your privacy.
4. Sharing Your Information with Third Parties
We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances (i) where we believe such sharing is reasonably necessary to offer kashmate.com (including as described in this Privacy Notice), (ii) where we believe such sharing is legally required, or (iii) where you have permitted such sharing. For example:
We may provide information to service providers to help us bring you kashmate.com. Specifically, we may use third parties to facilitate our business, such as to host kashmate.com at a co-location facility for servers, to send out email updates about our services, to remove redundant information from our user lists, to process payments for products or services, or to provide search results or links (including sponsored links). Our service providers may have access to your personal information for use for a limited time in connection with these offerings and business activities. Where we utilize third parties for processing personal information, we implement reasonable contractual and technical
protections limiting the use of that information to our specified purposes.
We may disclose user information (i) pursuant to lawful requests (such as subpoenas or court orders), (ii) in compliance with applicable laws, rules and regulations, (iii) to prevent fraud or other illegal activity perpetrated through kashmate.com or using our names and/or trademarks, (iv) to prevent imminent bodily harm, or (v) when we believe it is necessary to protect our interests or property. This disclosure may include sharing user information with other companies, lawyers, agents or government agencies.
If the ownership of all or substantially all of our business, or one or more of our individual business units changes, user information may be transferred or otherwise made available to the new owner so the Service can continue operations. In such event, user information would remain subject to this Privacy Notice.
www.kashmate.com may contain links to other websites and we are not responsible for the privacy practices of those websites. We encourage our users to review the privacy practices of each and every website that they use. This Privacy Notice applies solely to information collected by us.
6. Third Party Advertising
We take precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as your credit card number or your password), we encrypt that information using secure socket layer technology (SSL). Your information travels to us via Secure Hypertext Transfer Protocol (HTTPS).
Because email and instant messaging services are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.
If you have any questions about the security of kashmate.com, please contact us at email@example.com
8. Terms of Service
Your use of kashmate.com, and any disputes arising from it, is subject to this Privacy Notice as well as our Terms of Service for use of kashmate.com at https://www.kashmate.com/tnc and all of its provisions including indemnification, disclaimer of warranties, limitations of liability, and choice of law and forum, and the terms and conditions of any other Agreements you may have agreed to for use of kashmate.com.
We reserve the right to amend this Privacy Notice and its Terms of Service at any time. Immaterial amendments will take effect immediately, and material amendments will take effect after 30 days of their posting on kashmate.com. If we amend this Privacy Notice, we will post the amended Privacy Notice and indicate its effective date at the top of the page of the amended Privacy Notice.
We encourage you to visit this URL on an ongoing basis so that you understand the Privacy Notice currently in effect. Unless stated otherwise, our Privacy Notice for kashmate.com, as then in effect, applies to all information that we have about you and your account.
KASHMATE.COM AND ITS CONTENT ARE PROVIDED "AS IS" AND Clearprise EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF KASHMATE.COM ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT OPTORO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in this Notice, or elsewhere on kashmate.com (including the kashmate.com Terms of Service), or as otherwise required by applicable law, neither Clearprise nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of kashmate.com or its contents whether or not we have been advised of the possibility of such damages.
11. Contacting kashmate.com
If you have any questions about this Privacy Notice, please contact us at firstname.lastname@example.org
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