Gifts and threads business agreement

General Terms

Welcome to Gifts and Threads Business structure, a combined arrangement of facilitation of third party merchant services which includes Selling of giftsandthreads.com, delivery arrangemtns and advertising on Giftsandthreads.com
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT YOU AGREE UPON WHILE REGISTERING ON SITE FOR SALE OF YOUR PRODUCTS AND SERVICES IN YOUR OWN NAME OR IN THE NAME OF BUSINESS YOU REPRESENT (“YOU”) AND GIFTS AND THREADS. BY AGREEING ON THE TERMS AND CONDITIONS BY THE WAY OF REGISTERING YOU OR YOUR BUSINESS (YOU) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS DEFINED FOR EACH PRODUCT OR SERVICE YOU REGISTER FOR IN CONNECTION WITH THE SITE GIFTSANDTHREADS.COM.

As used in this Agreement, “we,” “us,” and “GIFTSANDTHREADS” means the GIFTS AND THREADS company named in the applicable Service Terms.

Registration

To start with registration, you must complete the process being established for the registration. You may be required to complete the process for one or more than one service(s). The agreement can be formed only subject to those services that both of the parties can lawfully enter into and the agreement thus formed will be called as a contract under applicable Law. As part of the application, you must provide us with your or your business legal name, address, phone number, e-mail address, GST, PAN or any other applicable tax registration details as well as any other information we may request at this or some other time.

Service Fee Payments

While accepting the terms and conditions of this agreement, you agree to bear all the expenses in connection with the terms of this agreement, unless specifically mentioned. For registering your business on giftsandthreads.com, we may require you to submit your bank details and that bank details must be in the name of business by which you are registering on our site and that bank account must be held in any bank within India. No overseas accounts shall be entertained. While accepting the terms of this agreement you also authorise us to verify your information either submitted at this time or being updated from time to time, to obtain credit authorisations from either your bank or credit card issuer and to charge your credit card or debit your bank account for any amount payable by you to us at any point of time. All payments due towards us shall be made to your bank account via cheque, electronic transfer or any other means. You also agree that your shall not held us liable for any failure to make payments to your bank account on account of incomplete or inaccurate information provided by you in respect of your bank account.
It will be on our choice while charging payable sums to Your Credit Card, we may instead choose to adjust any amounts that are payable by us to you in reimbursement or otherwise. Until or unless specified, all the amounts expressed in this agreement are being stated in Local currency. In case we discover that any duplication of payment is made by us by any kind of human or technical error, or excess payment being reimbursed due to any kind of error, we reserve the right to seek the reimbursement from you either by deducting the same from any future payment or seeking such reimbursement from you in any other practical way. If you refuse to reimburse us within a stipulated time given to you, we are authorised to charge your credit card or your bank account.
In case it is established that your actions or performance while providing services through our website is resulting in a significant number of customer disputes, or any claims arising or charged to our company, then we may in our sole discretion, delay initiating any payments to be made to the maximum of period till the dispute is settled and if any penalty or fine or settlement will come into force against us, we shall have the full discretion to deduct such penalty, fine or settlement from the amount payable to you from our end.

Term and Termination

This agreement will come into force as soon as you successfully complete your registration for one or more of the services and will continue in force until any of the party terminates the same. You may at any given point of time terminate your use of any Service either with immediate effect or through a notice to us through email or any other appropriate mean. If we wish to terminate your use of any service, or a part of this agreement or the agreement as a whole, we may do so by giving you a convenience of 30 days prior notice. Although we keep the right to suspend or terminate your use of any service or the part of this agreement or agreement as a whole with immediate effect if we find that either you have breached any terms of this agreement and failed to cure the same within 7 days or with immediate effect if your breach has developed any liability for us towards any liability towards any other party or you have used your account for any deceptive or illegal or fraudulent activity or your action harms other seller’s rights, customer’s interest or gifts and threads legitimate interest. We will send you intimation of termination or suspension of your use of services through email or any such other means indicating the reason and mentioning the rights of appeal if any.

Licence

That by agreeing to the terms and conditions of this agreement, you agree to grant us a royalty free excess to the products you will display for sale on our site. By this way you also grant us the permission to use your products for other services of gifts and threads. You also allow us to re-size the trademarks provided that we will keep the proportion of the trademark same as uploaded by you.

Undertaking

By signing to this agreement, you undertake that the business registered by you on our website is existing and in god standing under the Laws of territory in which your business is registered. You also undertake that you are a resident of India for the purpose of your Identity as well as for the income tax purpose. You also undertake that you are the authorised person in your company/firm to register your business to the third party web site and your authority has nowhere been revoked prior to accepting of this agreement.

Indemnification

You undertake to indemnify the company, defend and hold harmless us and our officers, employees agents and affiliates against any third party claims, losses, damages, settlement, taxes, or any such kind of liablity including without any limitation, the advocate’s fee and other legal expenses arising from breach of any point of this agreement or due to any act of yours relating to sale or quality of products and also including any offers, sales or fulfilment of any product. In case, your any of product becomes hazardous or endangers the life of customer or any of its associate, relative or any concerned person, the company shall not be held liable and all the responsibilities whatsoever shall belong to you.

Disclaimer

a. That you agree on the fact that the user login provided by Gifts and threads and the services thereof are being provided on “AS IS” basis. You will be accessing these services or any other tool provided by us to help you for smooth functioning of the business as a whole, on your own risk and responsibility.

Limitation of Liability

We will not be liable for any claim arising due to negligence, product liability, warranty, or any kind of civil responsibility from sale of your product or after sales services and if the customer raises any claim out of it, you shall be liable to bear such liability on your own and nothing shall be shared by us.

Tax Matters

That you undertake to comply with the applicable tax laws and fulfil the obligation of the taxation authorities within time limits and in complete manner
As and when any sale is executed between you and any of the parties or customer, you will be responsible for the collection of the taxes engaged in the sale and you will be filing your taxes alongwith relevant returns. We shall not be responsible in any manner for the collection or remittance or compliance of any such tax. You shall be solely responsible for filing any tax reports or any such other report being asked by any such department at any given point of time.
If under any circumstances, a tax liability arises against you, such as TCS, withholding tax or any other tax, we hold the right to deduct the same from the amounts payable to you. You shall not be above to make any claim in this respect against gifts and threads.
In case of any discrepancy in the reporting / returns filed by you and giftsandthreads , you agree that you will resolve such discrepancy immediately and indemnify us against any tax, interest and penalty payable in this regard.

Confidentiality and Personal Data

During the course of your use of the Services, you may receive Confidential Information in respect to either the customer or gifts and threads itself. You agree that such information collected by you shall always remain the property of gifts and threads and you will use such confidential information only as is reasonably necessary for providing services to the customer and you will not directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates, except as required to comply with law. You also undertake to take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement.

Relationship of Parties

That both the parties are joining hands as independent contracters bound by the terms of the contract. This agreement will under no circumstance constitutes any kind of partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties.

Modification

If any of the parties want to make modification to any of the clauses of this agreement, it can give a written request to the other party with stipulated time of 15 days.

Password Security

We shall be providing/maintaining password to your login from where you will be able to access the main content of website, electronically accepting or tracking your orders. Security of such password will be responsibility of yours solely and under no circumstances we shall be liable to indemnify any loss occurring to you whatsoever due to sharing of password. You must immediately change the password if it has come under someone else’s knowledge

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