Listing Policy for Sellers
Yobler Vendor Policy
This Policy (“Policy”) is entered into between SwapEazy Online Private Limited, a company incorporated under the Companies Act, ____ having its registered office at_____________________________(“Company”) and you, the Vendor (“Vendor”).
1. Definitions
For the purpose of this Policy, the following words and phrases shall have the meaning assigned to them under this Article.
1.1. “Company” shall mean Swapeazy Online Private Limited.
1.2. “Customer” shall mean any individual, group of individuals, firm, company or any other entity placing an order for the Products of the Vendor through the Online Store.1.3. “Vendor” anyone who will sells its products through the Yobler’s website.
1.3. Order for the Product of the Vendor. “Order” shall mean an order for purchase of products wherein customer has agreed to purchase the product upon the terms and conditions and at the Price indicated on the online store of the Vendor.
1.4. “Products” shall mean merchandise items of the Vendor put up for sale on the Online Store by the Vendor.
1.5. “Price” means the sale price of a product.
1.6. “Shipping Charges” shall mean the logistics/courier/postal charges including all taxes incurred for delivering the product(s) to the Customer.
1.7. “Shipment Cost” shall mean the cost and taxes recovered by the Company from the Vendor per order for handling the logistics.
1.8. “Sign-up Fees” shall mean the non-refundable fees payable by the Vendor at the time of registration.
1.9. “Service charge” shall mean the margin per transaction charged by the Company to the Vendor at the rates agreed to between the parties, upon the sale of product on online store.
The domain name _____________ (hereinafter referred to as “Portal/Website”) is owned by the Company and operates as an online e-commerce marketplace for the display, advertising and sale of lifestyle products by various vendors to the end customers (“Customers”) and provides related services to the vendors and to the customers/ users of the Portal on behalf of the vendors (as the vendor’s service provider). The Company shall act as Vendor’s service provider for providing various services in relation to the sale of its products as agreed between the Company and the Vendor and the use of the Portal for enabling promotion/advertisement of its Products (“Services”)
3. Arrangement
3.1. The Portal will enable Customers to place orders for the Product(s) they wish to purchase on the Website.
3.2. Upon receiving the confirmation of the order by the Customer, the Company will update the details of the confirmation of the order on the internal portal which the Company shall maintain for the Vendor.
3.3. The Company shall offer to the Vendor its services for facilitating online sale of the Vendor’s product which shall include hosting and technology, customer support, logistics services , payment services and all the other related services to ensure customer satisfaction on behalf of the Vendor
3.4. The Vendor shall offer its Products to the Company for the purpose of sale on the Portal. Based on market analysis conducted by the Company, the Company may make recommendations to the Vendor from time to time on the specific Products and the quantities thereof, from the entire range/collection that are to be displayed, advertised and offered for sale by the Vendor through the Portal. The Vendor shall make its final decision on the Products and their quantities to be displayed on the Portal on the basis of such recommendations. Notwithstanding the foregoing, the Company has the right to refuse to display, or withdraw from the Portal, any Product for sale on the Portal.
3.5. The Products offered for sale by the Vendor are either manufactured by the Vendor or are sourced/ purchased by the Vendor from third party suppliers/manufacturers (“Suppliers”). In the event the Vendor purchases the Products from the Supplier, the Vendor has furnished a no objection certificate from the owner/manufacturer of the Products in the format provided by the Company.
3.6. Vendor agrees to put up for sale its Products on the said Online Store, subject to the terms and conditions hereinafter contained. Vendor further agrees and acknowledges that the shopping transaction shall be governed by the “Terms and Conditions” Policy of the company.
4. Consideration and Payment Terms
4.1. Vendor shall be charged for Sign-up or registering to use the Yobler's online store. Payment of sign up shall be onetime non-refundable. All the applicable tax charges shall be borne by the vendor.
4.2. The Company shall collect the Payment on behalf of the Vendor in respect of the Orders received through Online Store. In consideration of the services, the Company shall charge the Service Fee of 15% + GST (or applicable fee). The Company shall pay the Vendor an amount recovered as Price minus the sum of service charges (and shipping cost & TCS where applicable) in respect of approved order(s) through the Online Store.
4.3. In the event any order is reversed due to “Damaged product”, “Quality Issue”, “Not delivered” or “Wrong Item delivered”, Vendor agrees that the Company shall levy the Service charges, return shipping charges plus a penalty of the service charge of the product (upto a maximum limit of Rs. 500) and the said charges will be deducted from the amount due and payable to Vendor.
4.4. Further Company shall debit the Service charges (upto a maximum limit of Rs. 500) to the Vendor in the event the product cannot be delivered by the Vendor due to “out of stock” and in such an event Vendor shall be liable to bear all the cost and claims (including cost of legal proceedings, cost of attorneys, claims, etc.) raised against the Company.
4.5. Payment reimbursement of the Sale Proceeds to Vendor shall be done by Company in the following manner:
·Payments for delivered products that have cleared the return window are processed every 15th and 30th of the month.
·The Company shall deposit the amount via online transfers to the vendors bank accounts
·The Company shall deduct charges as specified in above and agreed with the Vendor from the total amount collected as Price for the orders received by the Vendor through online store.
4.6. Vendor agrees to bear all the applicable & taxes duties arising out of the sales transaction of the product through the online store and the company shall not be responsible to collect, report, or remit any taxes arising from any transaction. The Vendor agrees to include the Goods and Services Tax (GST) and all other taxes and levies as applicable on such sale in the listing price on the portal.
5. Incorporated into the price of the product
5.1. The Vendor hereby grants to the Company for the Term a royalty free irrevocable license to use its Intellectual Property for the purposes of providing the Services by the Company as contemplated hereunder.
5.2 In the event, the Vendor sources the Products from any Supplier, the Vendor shall obtain all applicable licenses and consents for the use of such Supplier’s Intellectual Property in connection with the Product being sourced from such Supplier for the purposes of providing the Services by the Company, prior to the display / advertising of such Products on the Portal. A ‘no objection certificate’ in this regard shall also be procured by the Vendor from the Supplier in the format provided by the Company and the same shall be submitted with the Company prior to display of such Products on the Portal. In the event the Company receives a claim and/or notice from an owner/manufacturer of products regarding infringement of its intellectual property rights, the Company shall forward such claim to the Vendor and the Vendor shall be liable to defend such claims and keep the Company harmless and indemnified against the same. The Company may also provide all necessary information regarding the Vendor to any such party from whom a genuine claim has been received by the Company and the Vendor shall have no objection to the same. The Company may further take any other appropriate legal action against the Vendor, as it may deem fit, in this regard.
5.3 It is hereby clarified that no rights in the Intellectual Property of the Vendor or the Suppliers are granted in favor of the Company except the limited license to use the Intellectual Property for the purposes of providing the Services by the Company.
5.4 The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights and other relevant intellectual property rights relevant to the advertisement and sale of the Products.
6. Obligations of the Vendor
The Vendor shall:
6.1. Yobler deals in kids products and the vendor shall adhere to products suitable for the same.
6.2. Vendor shall upload the product description, images, disclaimer, delivery time lines, price, return windows and such other details for the products to be displayed and offered for sale through the said online store.
6.3. The Vendor authorizes the Company to, on behalf of the Vendor, provide to Customers / users of the Portal:
a.Information and assistance in relation to the listed Products and sales thereof,
b.Information in relation to status of the order placed by Customers, and
c.Operating a customer helpdesk for other inquiries in relation to Products and orders, customer complaints and grievances.
6.4. The Vendor agrees and undertakes to fully co-operate with the Company as reasonably required, in connection with any customer-service functions undertaken by the Company. Such services can be provided by the Vendor either on its own or through the Suppliers, as the case may be.
6.5. The Vendor authorizes the Company to place;
(a). a description of the Vendor (including but not limited to description of Suppliers, where so directed by the Vendor) and
(b). description of each of its Products (including but not limited to the technical description of the Products, brand name of the Product, the price of the Product and any applicable warranty terms) on the Portal.
(c). Vendor rating based on vendor performance and customer reviews.
6.6.Vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene and opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Vendor shall ensure to upload the product description and image only for the product which is offered for sale through the Online Store and for which the said Online Store is created, and not photoshopped images that portray the product incorrectly
6.7. Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision.
6.8. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through their online store.
6.9. At all times have access to the Internet and its email account to check the status of approved orders, On receipt of the approved order, Vendor shall dispatch / deliver the products within a period not exceeding 48 hours or within the time as specified in the product description on its online store.
6.10. In respect of the orders for Products placed through the Online Store, Vendor shall submit proof of dispatch to the satisfaction of Company within 48 hours of the request made by Company.
6.11. In the event the products are not accepted by the Customer dur to any wrong / damaged products dispatched, then the same shall be replaced by the Vendor at no cost to the aggrieved customer
6.12. The Vendor agrees to update the Order Status and provide Bill Number duly written on an Excel Sheet and update the same on the Portal on weekly basis.
6.13. The Vendor shall not send any of its promotional or any other information with the Products ordered by the customer and also shall ensure that no material or literature is sent which may be detrimental to the business/commercial interests of the Company,
6.14. The Vendor shall dispatch the Products of same description, quality and quantity and price as are described and displayed on the Online Store and for which the Customer has placed the order.
6.15. Vendor shall raise invoice (in the format sent by Company) in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the amount displayed on the online store to the customer and paid by/charged to the customer.
6.16. The Vendor shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal and prohibited under the Indian laws.
6.17. The Vendor shall ensure that they own all the legal rights in the Products that are offered for sale on the Online Store.
6.18. The Vendor shall pass on the legal title, rights and ownership in the Products sold to the Customer.
6.19. Vendor shall be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Vendor.
6.20. The Vendor shall at all time during endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed.
6.21. Prior to the advertising of a Product on the Website, the Vendor itself shall carry out a quality assessment of the Product/s to be advertised and sold on the portal of the Company on the relevant quality parameters as the Vendor deems necessary and make appropriate report and remarks about the same.
6.22. Prior to the Product(s) being displayed / advertised on the Portal, the Vendor shall, within 2 (two) business days, ensure the availability of the Products (which have satisfied the Quality Parameters as stated above) for servicing customer orders, and provide the stock summary to be uploaded on the site (“Stock Statement”).
6.23. Further provided that in the event that due to any reason the Product(s) in respect of which the Stock Statement has been furnished become unavailable in the stated quantities, the Vendor shall immediately, from such Product(s) or stated quantities thereof becoming unavailable, update the inventory on site.
6.24. The Vendor shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, GST, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.
7. Title and Risk in relation to the Products
7.1. No risk or title to the Products shall pass to the Company at any point of time for any reason whatsoever. The title and risks to the Products shall be deemed to pass directly from the Vendor to the Customer upon delivery of the Products to the Customer and payment of the consideration for the Products by the Customer.
7.2. Notwithstanding anything to the contrary contained herein, it is clarified and agreed that any and all liabilities arising in connection with any defect, fault or shortcoming in the Product(s) shall be of the Vendor or its Supplier alone and this provision shall survive the termination of the Vendor Agreement together with these Terms & Conditions
8.Warranties, Representations and Undertakings of the Vendor
The Vendor warrants and represents that
8.1. They have read the policy and aggress to the terms & conditions of the Company.
8.2. All their obligations under this Agreement are legal, valid and binding obligations enforceable in law.
8.3. That they are an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct their business and to enter into an arrangement with the Company. They shall at all times ensure compliance with all the requirements applicable to their business and for the purposes of this arrangement including but not limited to Intellectual Property Rights, GST, Standards of Weights & Measures legislation, Sale of Goods Act, Value added tax, Excise and Import duties, etc. They confirm that they have paid and shall continue to discharge all their obligations towards statutory authorities. (Need a clause on individuals here)
8.4. The Vendor has procured all necessary registrations/permits as required under applicable laws for sale of Products through the Portal (including without limitation registration under applicable laws pertaining to Goods and Sales Tax. The Vendor further represents that the Vendor shall be solely responsible for collection and payment of applicable taxes with respect to the sale of the Products to the relevant government authorities in a timely manner and the Company shall not be responsible nor held liable for any non-compliance/contravention of applicable tax laws by the Vendor. The Vendor hereby agrees to keep the Company harmless and indemnified in this regard. The indemnity obligations of the Vendor contained herein shall survive the termination of the Vendor Agreement together with these Terms & Conditions.
8.5. In case the Vendor is not an Individual, in such cases, the Vendor agrees to make payment of 1% TCS fees and other applicable levies and taxes as applicable to the Portal. The Portal shall not be entitled or obligated towards any expenses towards any governmental and/or semi-governmental dues as may be levied upon the Portal pursuant to any Vendor having registered itself on the Portal or having caused any sale/transaction on the Portal or for any use on the Portal.
8.6. The Vendor has a valid, clear and marketable title to all the Products being displayed, advertised and sold through the Portal under the terms of the Vendor Agreement.
8.7. All the Products are genuine, merchantable, marketable and of the quality and nature as described by the Vendor to the Company and displayed on the Portal. The Products are genuine, new and are not counterfeit products.
8.8. The Vendor has valid, clear and full rights / entitlement to use the trademarks, designs, copyrights of or related to the Products or its packaging used in connection with display and advertising of the Products by the Company
8.9. The Vendor agrees to add link of Yobler.com with text “Find us on Yobler.com” on their website/ blog.
8.10. That they have adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party 6. That they shall provide the Company with copies of any document required by the Company for the purposes of this performance of its obligations under this arrangement within 24 hours of getting a written notice from the Company.
8.11. That the complete product responsibility and liability shall solely vest with Vendor and that the Vendor shall be solely responsible to the customer for the sale of the Product by Vendor including but not limited to its delivery to the Customer and that Vendor shall not raise any claim on the Company in this regard.
8.12. Vendor shall pay the Company a service charge as specified by the Company on every transaction it enables and that Vendor shall provide all completed transaction details to the Company for record keeping and reconciliation.
8.13. That Vendor shall draw the invoice / bill directly in the name of the Customer.
8.14. Vendor shall prior to release of any promotion/advertisement material seek prior written approval for the same from the Company, in so far as the same relates to services offered pursuant to the terms of this Policy.
9.Company reserves the right:
9.1. Vendor agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this policy, terms and conditions of Yobler Website. In such an event, the Company reserve the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor.
9.2. Company reserves the right to provide and display appropriate disclaimers and terms of use on Yobler portal.
9.3. At any time if the Company believes that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of Yobler, the Company shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, without liability to refund the amount to the Vendor to forthwith remove/block/close the online store of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.
10.Indemnity
10.1. The Vendor indemnifies and shall hold indemnified the Company, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, GST, The Standards of Weights & Measures legislation, Excise and Import duties.
10.2. The Company agrees to indemnify and to keep indemnified the Vendor in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the Company to perform its obligations under this Agreement.
10.3. This article shall survive the termination or expiration of this Agreement.
11.Company not Liable
11.1. The Company on the basis of representation by the Vendor has created the online store of the Vendor on Yobler portal to enable Vendor to offer the Vendor’s products for sale through the said Online Store. This representation is the essence of the Contract.
11.2. The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing / any laws / regulations /intellectual property rights of any third party. Vendor agrees and acknowledges that.
11.3. Vendor shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through its online store (including but not limited to quality, quantity, price, merchantability, and for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages.
11.4. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.
11.5. The Vendor hereby agrees, confirms and acknowledges that the Product is owned by the Vendor and that the Company is merely a facilitator for sale of the Vendor’s Product, hence the Company is not responsible/ liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever. The Company reserves its right to state appropriate Disclaimers on its website/ online store.
12.Term, Termination and effects of Termination
12.1. Term:
Company can Vendor in the event:
12.1.1. Vendor fails to make payment of the agreed amount, by giving 48 hours written notice,
12.1.2. Vendor commits a material breach of any representation, obligations, covenant, warranty or term of this Policies and the same is not rectified within 30 days after written notice given by the Company.
12.1.3. If a Petition for insolvency is filed against the Vendor.
12.1.4. If the Vendor is in infringement of the third party rights including intellectual property rights.
12.2. The Vendor Agreement may be terminated by either Party in accordance with the following:
i. Upon material breach of these Terms & Conditions or Vendor Agreement by either Party which is not cured within thirty (30) days of receipt of notification from the nonbreaching Party, the non-breaching Party shall be free to terminate the Vendor Agreement forthwith;
ii. Where any Party commits a material breach of the Terms & Conditions and in the reasonable opinion of the non-breaching Party, such breach is not capable of cure, the non-breaching Party shall not be obliged to provide a chance to cure the breach but shall be entitled to terminate the Vendor Agreement forthwith.
iii. Either Party may terminate the Vendor Agreement upon one month’s prior notice in writing if (a) the other Party is adjudged bankrupt, or makes a general assignment for the benefit of its creditors, or (b) if a receiver is appointed for all or a substantial portion of its assets and is not discharged within sixty (60) days after his appointment; or (c) such Party commences any proceeding for relief from its creditors in any court under any insolvency statutes.
iv. The Company may
(a) forthwith terminate the Vendor Agreement where the Company reasonably believes that the Vendor’s actions or omissions have prejudicially affected the reputation of the Company and / or the Website; or
(b) terminate the Vendor Agreement by giving a 1 (one) month’s notice in writing to the Vendor.
12.3.Effect of Termination:
12.3.1. This agreement may be terminated by either party giving the other 30 days written notice.
12.3.2. In the event of termination/expiry of this Agreement, the Company shall remove the Links and shall discontinue display of the Products on Online store with immediate effect.
12.3.3. All orders in relation to the Products of the Vendor that have been received prior to the termination of the Vendor Agreement and all obligations to return the Product and/or refund the amount paid by the Customer which may arise in the period after the date of termination hereof, shall be honoured and completed, notwithstanding any termination hereof, in accordance with the terms of these Terms & Conditions; and the Vendor agrees and undertakes to co-operate with the Company for the same.
12.3.4. The Vendor shall forthwith without delay or demur make payment of all outstanding amounts that are due to the Company under the Agreement, including any amount refunded by the Company to the Customer after the termination, which shall be paid by the Vendor to the Company immediately upon receipt of any demand from the Company in this regard.
12.3.5. Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Vendor by virtue of termination of this agreement. During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.
12.3.6. Within forty five (45) days from the termination of the Vendor Agreement the Vendor shall submit to the Company a “no due certificate”, to the satisfaction of the Company.
12.4. Intellectual Property Rights
a. The Company shall own all rights in any intellectual property created by the Company under these Terms & Conditions, including material, designs, graphics created and / or developed by the Company.
b. Subject to the provision of contained herein, the Company owns and shall exclusively own all rights (including all intellectual property rights), title and interest in respect of the Portal / Website.
12.5. General Clauses
a. The Parties hereby agree that for the purposes of providing the Services and carrying out related functions in accordance with the provisions of Terms & Conditions, the Company is hereby authorized as the agent of the Vendor to act in accordance with the terms herein and other instructions of the Vendor.
b. These Terms & Conditions are complete and binding agreement of the Parties with respect to the subject matter hereof.
c. These Terms & Conditions are applicable for all Vendors and may be modified by the Company from time to time with prior intimation to the Vendors. Vendors hereby agree to be bound by such amended Terms & Conditions, as may be notified by the Company.
d. The Vendor shall not assign or sub-contract any of its rights, obligations, or responsibilities under the Terms & Conditions herein without the prior written consent of the Company.
e. The Parties agree that, having regard to all the circumstances, the covenants contained herein are reasonable and necessary for the protection of the Parties. If any such covenant is held to be void as going beyond what is reasonable in all the circumstances, but would be valid if amended as to scope or duration or both, the covenant shall apply with such minimum modifications regarding its scope and duration as may be necessary to make it valid and effective.
f. If any provision of these Terms & Conditions is held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions contained herein.
g. Except as expressly provided in this Terms & Conditions, no waiver of any provision shall be effective unless set forth in a written instrument signed by the Party waiving such provision. No failure or delay by a Party in exercising any right, power or remedy under this Terms & Conditions shall operate as a waiver thereof.
h. Each Party shall co-operate with the other Party and execute and deliver to the other Party such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights hereunder and the intended purpose of these Terms & Conditions and to ensure the complete and prompt fulfillment, observance and performance of the provisions contained herein and generally that full effect is given to the provisions of the Vendor Agreement
13. Disputes Settlement
Any disputes or discrepancies shall be handled by the dispute management committee of Yobler. Please email us on support@yobler.com or connect with us via chat.
14. Jurisdiction and Governing law
·The obligations, performance, interpretation and contents shall be governed by Indian law.
·Subject to the provisions of negotiation and arbitration each Party irrevocably and unconditionally submits to the jurisdiction of Courts at Kolkata.
15. Relationship of Parties
Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Vendor, and Vendor shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
16. Force Majeure
Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
Seller code of conduct
You can reach to millions of customers though Yobler website. At Yobler, we expect Vendors will follow the code of conduct principles outlined below. Violation of the code of conduct principles may result in the loss of your selling privileges and removal from Yobler Marketplace.
Vendor Code of Conduct Principles:
·Never Misrepresent yourself or to your products
·Your product should be hygienic, clean and sanitised.
·Only list items that you have in stock. Disable the listing immediately for out of stock items.
·Never list products that may cause harm to any Customer.
·Never list any illegal product.
·Adhere to all applicable laws and abide by all Yobler policies.
·Any packages items shall have the manufacturing and Expiry date.
·All the packages item shall have the ISI mark and have shall have the fssai.
·Maintain current account information.
·Never sale any expiry item.
·Always ensures a trustworthy and fair experience for Yobler customers.
·All your personal details such as Name, Address, Contact no., Aadhaar No., shall be recorded with the company with proper verification.
·Never engage in any misleading, inappropriate or offensive behaviour. This applies to all your activities, including but not limited to: Information provided on your account, Information provided in listings, content or images
·Act fairly at all times. Unfair behaviour includes but is not limited to the following:
Behaviour that could be deemed as manipulation or "gaming" of any part of the buying or selling experience
Actions that could be perceived as manipulating customer reviews, including by directly or indirectly contributing false, misleading or inauthentic content
Activities that could be perceived as attempting to manipulate Yobler’s search results or sales rankings
We advise only to maintain one Seller account for each region in which you sell.
Listing Policy
For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under India Law and/or are not permitted as per the prohibited items policy listed below.
1.Prohibited Items Policy.
A. We specifically prohibit any listing or posting of classifieds or information in relation to the following items:
1.Lottery Tickets, Sweepstakes Entries and Slot Machines
2.Information or items that are defamatory, libelous, threatening or abusive in nature
3.Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data.
4.Consultancy related to Direct Admissions in colleges/universities/reputed institutes.
5.Adoption of Child or Babies
6.Advance fees, registration fees or payment.
7. Any animal or any kind of animal body part of animal skin and bone or any product made of such material.
8.Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any 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 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.
9.Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts.
10.Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society.
11.Religious items, including books, artifacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group
12.Child labor or Slavery i.e. Any services which fall within the ambit of child welfare laws of the country
13.Education certificates (fake) for High school diplomas, university, medals.
14.Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described and depict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a persons mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults.
15.Obscene Items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play.
16.Offensive Material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion.
17."Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act")
18.Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.
19.Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to undertake).
20.Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purport's to breach any persons right to privacy.
21.Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users individuals and or animals.
22.Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.
23.Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.
24.Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
25.Items in violation of the Food Adulteration Act, 1954
26.Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002
27.Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.
28.Loans offered by private parties or institutions not authorized and regulated as per RBI guideline.
29."Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users.
30.Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams which are solely listed for the purpose of duping users)
31.Inappropriate, Wrong Category (dining table listed as office furniture).
32.Incorrect City / Location of Listing (listing allowed only in the city you are based in, of listing)
B. Without prejudice to the generality of the above, Yobler does not permit posting or listing of classifieds in relation to the following:
1."Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description
2.Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)
C. Your listing, information, Advertisement
1.Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, counterfeit, stolen goods and or services which do not belong to you or you do not have the authority for. Further still shall not infringe any intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy of any third party.
2.Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups.
2.In addition to the above and for the purposes of clarity all Users shall be expected to adhere to and comply with the following Policies while listing of items:
Restricted Item Policy: In addition to the above prohibited items policy users shall also adhere to and comply with the restricted items policy while listing, posting or providing information in relation to any goods or services.
1.Duplicate Ad listings are not allowed. Any ad posted more than once with the same content or Title in the same city and category would be considered as a Duplicate Ad. We advise you to post multiple ads only if you have different items or services for sale. All duplicate ads would be deleted and posters penalized if the problem persists.
2.Mature Audience/Sexually oriented material: Classifieds relating to items that includes items intended for use in sexual activity would not be permitted. (An example of such classifieds relating to an item not normally permitted would be a classified for the sale of a vibrator). Please also be aware that titles with graphic adult language are inappropriate, regardless of the item contained in the listing itself.
3.Consequences of Breach of Listing Policy
Users who violate the prohibited items policy and or the restricted items policy may be subject to the following actions
·Suspension or termination of membership.
·Permanent blocking of access to the site.
·Reporting to Law Enforcement or Appropriate Authorities.
