SELLER TERMS OF USE (STOU)
Updated : 2nd September 2024
This document is an electronic record as defined under the Information Technology Act, 2000, and its corresponding rules. It also adheres to the provisions of various statutes amended by the Information Technology Act, 2000. Being a computer-generated document, it does not require any physical or digital signatures.
This document is issued in compliance with Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the publication of rules, regulations, privacy policy, and Terms of Use for accessing or using the www.trendzexhibitions.com website.
The ownership of www.trendzexhibitions.com(referred to as "the Platform") is held by Siddharthsai Events and Management Services Pvt Ltd, a company incorporated under the Companies Act, 1956, with its registered office at Flat#302, Aruna Kiran Residency, Gagan Vihar Colony, Begumpet, Hyderabad – 500016, Telangana, India. Throughout this document, this entity is referred to as "TRENDZ," "TRENDZ Exhibitions," "TRENDZ by Santhi Kathiravan," "TRENDZ Exhibitions Marketplace," or "TRENDZ Marketplace."
For the purposes of these Terms of Use (hereinafter "SToU"), the terms ‘you’ and ‘your’ refer to any individual or legal entity that registers on the Platform as a Seller by submitting registration data via computer systems. The term ‘user’ collectively includes Sellers, Buyers, and any visitors to the Platform. The terms ‘we,’ ‘us,’ and ‘our’ refer to TRENDZ.
Your use of the Platform and its features is governed by the following terms and conditions (SToU), as well as applicable policies available on the Platform, notifications, and communications sent to you through the Platform. These are all incorporated into the SToU by reference. If you conduct transactions on the Platform, you will be subject to the policies applicable to those transactions. By simply using the Platform, you enter into a binding contract with TRENDZ, and these terms and conditions, along with the policies, become your binding obligations.
When you use any current or future services provided by us through the Platform, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to those services. These are considered part of the SToU. We reserve the right to modify, add, or remove portions of the SToU at any time, at our sole discretion. In the event of significant changes or updates to the SToU that affect your use of the Platform, we will notify you through the communication channels mentioned in this SToU. Your continued use of the Platform following these changes implies your acceptance of and agreement to the revised terms. As long as you comply with the SToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to access and use the Platform.
By accessing, browsing, or otherwise using the platform, you indicate your agreement with all our policies and the terms and conditions under the STOU. Please review all our policies and the STOU carefully before proceeding. By implicitly or expressly accepting the STOU, you also agree to be bound by all policies applicable to you, as amended from time to time.
Seller Eligibility
The Platform is available only to individuals who can legally enter into
binding contracts under the Indian Contract Act, 1872. Individuals who are
considered "incompetent to contract" under the Indian Contract Act,
1872, including minors and undischarged insolvents, are not eligible to use the
Platform. If you are under 18 years old, you are not permitted to register as a
Seller, conduct transactions, or use the Platform. TRENDZ reserves the right to
terminate your registration or deny access to the Platform if it is discovered
that you are under 18 years old. If you register as a business entity, you
represent that you have the authority to accept all our policies and the SToU
on behalf of the business entity and bind the entity to these terms.
Your Account and Registration Obligations
When registering as a Seller on the Platform, you agree to provide accurate and complete information, which may include:
You affirm that you hold the necessary licenses and permits required by law to sell on the Platform. You are responsible for maintaining the confidentiality of this information, as well as your display/brand name, login credentials, and password. If you provide information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect such information, we reserve the right to suspend or terminate your account or block your access to the Platform indefinitely.
You authorize us to handle customer grievances on your behalf regarding the products you sell. This authority includes performing any necessary incidental actions. You also consent to have your details, including the Seller Address provided during registration, displayed on the products you list on the Platform.
Seller Account Deactivation
We do not offer refunds or cancellations for subscription fees paid. Sellers are advised to thoroughly review all our policies before registering. Registering as a Seller is considered a voluntary action, taken after reading all the policies available on the Platform. If a Seller requests account closure, the account will be marked as dormant or put on hold for 90 days to allow the completion of any pending transactions. During this period, the Seller can access the account to download payment and taxation reports if needed. After 90 days, the Seller must contact us to confirm that all reports have been downloaded and to request deactivation. Upon receiving this confirmation, and provided there are no outstanding payments due, the account will be permanently deactivated. However, certain information, such as the registered mobile number, email ID, GSTIN, and transaction details, will be retained by TRENDZ for audit purposes and to prevent future fraud. If the Seller wishes to resume business with TRENDZ, they will not be able to create a new account; instead, the old account can be restored under the terms applicable at that time.
Communications
By using the Platform or sending us emails, data, or other information, you acknowledge that you are communicating with us electronically and consent to receive electronic communications from us periodically or as needed. We may communicate with you via email or other electronic or non-electronic means.
Platform for Transactions and Communication
The Platform serves as a venue for users to independently meet and
interact for transactions. TRENDZ is not, and cannot be, a party to any
transaction or dispute between users on the Platform
Consequently:
All commercial / contractual terms are offered by you and agreed upon between you and Buyers alone. The commercial / contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Trendz does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of such commercial / contractual terms between you (the Seller) and Buyers.
Trendz does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. Trendz does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Trendz accepts no liability for any errors or omissions of third parties in relation to the products and services.
Trendz is not responsible for any non-performance or breach of any contract between you and Buyers. Trendz cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. Trendz shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
Trendz does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgement / business sense in that regard.
Trendz does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
At no time shall Trendz hold any right / title to or interest in the
items nor have any obligations or liabilities with respect to such a contract. Trendz
is not responsible for unsatisfactory or delayed performance of services,
damages, or delays as a result of items which are out of stock, unavailable, or
back-ordered.
The Platform is only a platform that can be utilised by you to reach a larger customer base to sell items or services. Trendz only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
You release and indemnify Trendz and / or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the users on the Platform and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts on that behalf, Trendz cannot control the information
provided by other users which is made available on the Platform. You may find
other user's information to be offensive, harmful, inaccurate or deceptive.
Please use caution and practise safe trading when using the Platform. Please
note that there may be risks in dealing with underage persons or people acting
under false pretense.
Platform Services
Trendz provides marketplace platform technology and related services which includes, development and/or change management of tech provided, third party software procurement, software support, technical support, connectivity (access) to console, file or document storage, authentication and authorisation, goods and service tax (GST) system for compliance, email alerts regarding various services being provided, reconciliation, dash- board and reports to facilitate reconciliation.
Trendz provides logistic services through its logistics partner. The logistics
partner may use surface or air and provide various service options such as next
day delivery, same day delivery, priority and no rush delivery etc, from time
to time and cash on delivery or pre-paid method of payment, including but not
limited to debit card, credit card, UPI, etc.
For availing services from Trendz, please refer to the policies under the Seller policies.
Use of the Platform
You agree and understand that Trendz and the Platform merely provide
hosting services to its registered users and persons browsing / visiting the
Platform. All items advertised / listed and the contents therein are advertised
and listed by registered users and are third party user generated contents. Trendz
shall bear no responsibility or liability in relation to or arising out of
third party user generated content. Trendz neither originates nor initiates the
transmission nor selects the sender and receiver of the transmission nor
selects nor modifies the information contained in the transmission. Trendz is
merely an intermediary and does not interfere in the transaction between Buyers
and Sellers.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
1. belongs to another person and over which you have no right;
2. is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3. is false, inaccurate or misleading in any way;
4. is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophiliac, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys;
7. promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libellous;
8. infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
9. promotes an illegal or unauthorised copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
10. contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
13. contains unauthorised videos, photographs or images of another person (whether a minor or an adult)
14. tries to gain unauthorised access or exceeds the scope of authorised access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform
15. engages in commercial activities and / or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent. Throughout the SToU, Trendz’s prior written consent means a communication coming from Trendz’s Legal Team in response to your request and specifically addressing the activities or conduct for which you have sought authorization.
16. solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal
17. interferes with another’s use and enjoyment of the Platform
18. refers to any website / URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of SToU
19. harms minors in any way
20. infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items
21. violates any law for the time being in force
22. deceives or misleads the addressee / users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
23. impersonates another person;
24. contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
25. 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 offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.
26. shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
27. shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider ("ISPs”) or other suppliers.
Selling
As a registered Seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this SToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Trendz reserves the right to delete such multiple listings of the same product listed by you in various categories. Trendz reserves the right to restrict the selling of products originating from certain Sellers and / or countries.
You agree when multiple sellers sell the same product through multiple
or similar product page views, Trendz reserves the right to combine and present
the best product data to ensure best customer experience.
For products under the Food category, Seller shall adhere to the minimum balance shelf life norms as provided on the FSSAI website and timely amendment thereof.
Compliance on selling of Goods / Services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the Goods / Services supplied by you.
It is your responsibility to charge appropriate Goods and Services taxes on the supplies affected and remittance of the same to the Government. Trendz shall not be responsible for any deficiency and / or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and / UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you
shall be required to provide all relevant information to Trendz to correspond
with the relevant authorities and also in case of any liability accruing on
account of omission shall be your obligation to pay such deficit.
You shall be required to provide the corresponding Harmonised System
Nomenclature (HSN) code number for every product listing. In the event that you
do not provide the HSN code number that particular product will be delisted and
you will no longer be able to sell the product on our platform.
You shall also be required to provide your GSTIN, without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account. Trendz would be issuing an invoice on the GSTIN furnished by you. It is your responsibility to undertake the necessary compliance required.
Income-tax
In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.
You agree and undertake that you shall not, at any time, purchase more than 25% of your inventory (in terms of annualised value in a financial year), purported to be sold on the Platform, from Trendz or any of its group companies. Group company shall have the meaning as per the extant Foreign Direct Investment Policy of India. We may require you to provide certification (including auditors certificate) to confirm compliance with this requirement.
We do not mandate that any of your products should be sold exclusively on the Platform. For the sake of clarity, effective August 21, 2024, Trendz unilaterally waives any obligation on you to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.
As per Section 194-O of the Finance Act, 2020, Trendz will deduct TDS on
the gross amount of sale (excluding GST) of goods or provision of services
provided through the Platform at prevailing rates.
Content Posted on the Platform
All text, graphics, Seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Trendz has no responsibility or liability over such third-party generated Content as Trendz is merely an intermediary for the purposes of this SToU. Except as expressly provided in the SToU, no part of the Platform including the 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, website or other medium for publication, distribution or any commercial enterprise without Trendz’s prior written consent.
You may use the information on the products and services made available
on the Platform for downloading provided you:
You shall be responsible for the content posted or transmitted on the
Platform by You. You grant us non-exclusive, worldwide, perpetual, royalty free
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 purpose forever, including, but not
limited to, promotional and advertising purposes in any media, whether now
known or hereafter devised or the creation of derivative work. You agree that
any content you post may be used by us, consistent with this SToU, and you are
not entitled to any payment or other compensation for such use.
Limited Licence
Trendz grants Sellers a limited, non-transferable, non-exclusive,
non-sub licensable, non-assignable and personal licence to use "www.trendzexhibitions.com”
name and / or logo on Seller’s invoice for transactions concluded on the
Platform. Further, Trendz grants Sellers a limited, non-transferable,
non-exclusive, non-sublicensable, non-assignable and personal licence to use "www.trendzexhibitions.com”
name and / or logo on packing material used by Sellers for delivery of products
sold on the Platform.
Types of Sellers
The thresholds for each of these criteria are transparently listed on the Seller Portal. Basis the categorization / tier, Sellers get benefits including the following:
Trendz reserves the right to revise the categories, criteria, and
benefits to promote healthy competition amongst the Sellers so that their
performance leads to better Customer experience on the Platform.
Payment
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Trendz’s sole discretion.
Dispatch of products and / or services
Prepaid Payment Instruments
Trendz may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by Buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:
Financial Facilities for Customers
Trendz has operationalized tie-ups with multiple partners for providing
financial assistance to Customers for purchasing products on the platform and
thereby enhancing the transaction capability of Customers. In pursuance of the
same, in the event of the Customers opting for the financial assistance program
and you duly receiving such amounts from the partners (on behalf of the
Customers), you hereby agree to assign all receivables from the Customer for
such transaction. Therefore you hereby agree that without any further action on
your part, upon receipt of the amount due from such partners, any and all
receivables due from the Customers shall stand assigned in favour of the
partner. You hereby authorise Trendz to enter into any documentation on your
behalf to complete and perfect the assignment. Upon such assignment, the
financing partner shall have all the rights as the Seller may have had in
relation to the collection of receivables from the Customer and the Customer
shall be required to repay the financing partner directly. The lending partner
further reserves the right to assign and transfer such receivables under these
terms and conditions to an NBFC / financial institution as it may deem fit.
Charges
Registration on the Platform is subscription based for Sellers. We request you to review our plans and the fee policy, which is hereby incorporated by reference into this SToU, before you list a product or service for sale through the Platform. Trendz reserves the right to change its fee policy from time to time. In particular, Trendz 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, Trendz 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 (INR) and payable to Trendz. You shall be solely responsible for compliance with all applicable laws for making payments to Trendz. You hereby agree that Trendz shall have the right to set off any amounts due and payable by You to Trendz against any payments due from Trendz to You.
You hereby authorise Trendz to collect any other fees as applicable to the consumers on its behalf. You understand that this fee may be retained by Trendz in the event the service’s pertaining to such fees have been provided by Trendz on your behalf.
GST / Taxes
You are responsible for paying all fees associated with the use of the
Platform and charges collected in respect of such usage. You agree to bear any
and all applicable taxes, charges, cesses levied thereon (applicable as per
Indian laws).
Compliance with Laws
1. Comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 ("Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
2. Keep and maintain all Trendz’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and
3. Process Trendz’s Personal Information solely to fulfil Your obligations under this SToU and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorised disclosure of Trendz’s Personal Information to any third party.
1. You should not mislead and misguide the Consumer by posting false reviews for your own products / service's quality and features pretending as Consumer on the Platform.
2. If in case your products / services are defective, deficient, adulterated or spurious, or if the products or services are not of the features as advertised or as agreed to or delivered late from the stated delivery schedule. You shall provide benefits of Refund, Return / Replacement, Exchange, Warranty and Guarantee, Withdrawal and Cancellation for the products / services listed on the Trendz Platform.
3. You agree and undertake to comply with:
1. To register yourself with Trendz for selling your products / services on the Platform;
2. To form a Consumer Grievance Redressal Mechanism to resolve the consumer disputes whenever referred by the Platform;
3. The products / services offered on the Platform are consistent with actual quality and features of the products / services as shown on the Platform;
4. To display your all details such as your company's / Firm’s name, geographic address, customer care details, consumer's review for the product / services listed & other info, if any;
4. You shall be responsible to display your:
1. Products / services details on the Platform, which are required to be displayed as per applicable laws;
2. Total price of products / services & its breakup with all required charges (delivery charges / postal charges / handling / conveyance charges and applicable taxes);
3. Manufacturing / packed date, Expiry date of products wherever applicable by law;
4. Required details of products / services including Country Of Origin to enable the consumer to make the right decision;
5. To appoint your Grievance Officers;
6. In case your products are imported it may be by you or from someone else, you need to provide the details such as Name and complete address as "Imported by”;
7. You shall ensure the authenticity or genuineness of your products / services;
8. You shall provide updates on shipment and delivery of products / services that are shipped from your premises;
9. You shall provide the Guarantees or Warranties for your products / services, if applicable.
1. Your products / services listed on the Platform has to comply with the Rule 6 (10) of the LM (PC) Rules, 2011;
2. You shall be responsible for displaying all the product’s label declarations on the Platform as required under Rule 6 (1) of LM (PC) Rules for the consumer’s review;
3. Any noncompliance by you in regards to your product / services, which get listed on the Platform, you shall be solely responsible and liable for the legal repercussions;
4. You shall
indemnify and shall keep indemnified Trendz and any of its entities,
representatives for all the direct and indirect losses, damages, fines,
penalties, etc., incurred / suffered by Trendz and or as and when imposed by
any government offices / authorities due to commission of unlawful act or
noncommission of lawful act, negligence act by you in regards to your products
/ services listed on the Platform.
Trendz may share your information with the Brands / Government authorities / any other authorised personnel in case of any noncompliance with the applicable laws and policies of Trendz or this SToU. Trendz also reserves the right to share information pertaining to product images, product descriptions, Seller details, and any other information to protect Customers from counterfeit products under its Brand Protection Initiative.
Seller Action Framework
Trendz may take appropriate action against the Seller for noncompliance with any applicable laws as stipulated in this Terms of Use or otherwise applicable to the Product listed by You. This may include but shall not be limited to delisting You or blacklisting You from the Platform. Trendz may assign appropriate penalties for noncompliance of this document as deemed appropriate.
The Seller shall be responsible and liable for any notices / governmental communications received from applicable authorities by Trendz. Seller shall respond, defend and hold Trendz harmless from any such claims pursuant to any listing by the Seller.
The Seller shall be responsible for listing the products under the specified category and shall in no manner list the products in any other category which shall mislead the consumers in any manner. The Seller shall be responsible for any returns pursuant to manufacturing defect and shall communicate with the manufactures to resolve such situations.
The Seller shall be responsible for any action / penalty received by Trendz
and shall be liable to pay the entire amount of penalty as received by Trendz. Trendz
shall not be responsible for any violation of applicable laws by the
Sellers.
For more details regarding the Seller action framework, please refer to Trendz’s
Prohibited & Restricted Item Policy.
Anti-Corruption
Seller agrees that its performance under this Agreement will be in full compliance with the Company’s Global Anti-Corruption Policy and all applicable anti-corruption laws and regulations, including but not limited to the U.S. Foreign Corrupt Practices Act and the UK Bribery Act. Seller and the Company agree that in their performance under this Agreement, they will not directly or indirectly offer, promise, give, or authorise the giving of anything of value, or offer, promise, make, or authorise the making of any bribe, facilitation payment or other improper or unlawful payment to any government official, political party, or candidate for public office in order to obtain or retain business, gain any unfair advantage, or influence any act or decision of a government official.
Seller agrees to certify its compliance with the applicable anti-corruption laws and regulations by executing a form supplied by the Company for this purpose, either annually or when otherwise requested by the Company.
Seller shall keep accurate books, records, and accounts with sufficient detail as to clearly reflect its transactions and disposition of its resources or assets in connection with this SToU. Seller agrees the Company has the right to audit such transactions at any time and upon reasonable notice. Seller agrees to (1) provide assistance and cooperation in any investigations involving the Company and Seller, and (2) submit to due diligence re-screening when requested by the Company.
Seller agrees its employees, affiliates, and other representatives responsible for its performance under this SToU will participate in the Company’s anti-corruption training, if requested by the Company.
Seller must obtain prior written authorization from the Company before Seller engages any subcontractor to perform any services under this SToU requiring interaction with any government Seller or government official on the Company’s behalf.
If the Company reasonably suspects that the Seller has engaged in conduct violating the Policy, or any applicable anti-corruption laws or regulations, the Company may immediately suspend payment pending the issue’s resolution. If the Company determines that the Seller violated the Policy, or any applicable anti-corruption law or regulations, the Company may terminate the SToU. The Company may also suspend payment and suspend or terminate the SToU if the Seller does not comply with the ongoing anti-corruption compliance obligations set forth in this SToU or if Seller does not successfully complete due diligence re-screening.
The Parties agree all payments made by the Company to the Seller pursuant to this SToU shall be made only after receipt by the Company of an invoice detailing the products or services for which Seller is seeking payment. All payments under this SToU shall: (i) be made solely by wire transfer for the benefit of, and to the account of, Seller and not to any individual employee or representative of Seller; (ii) be denominated in functional currency; and (iii) not be in cash or bearer instruments.
If for any reason, the Seller proposes to materially change ownership or management or its current shareholders or partners transfer control of the Seller to a third party or a third party assumes control of the Seller, the Seller must notify the Company within thirty days of such change in writing. In such cases, Seller may be resubmitted through the Company’s due diligence and approval procedure for third-party intermediaries.
The Seller agrees to provide timely information to the Company regarding any changes to the representations made in this SToU.
Seller agrees that neither Seller nor any of
its employees, agents and representatives, and any persons associated with
Seller are authorised to engage or interact with any government Seller or
official for or on behalf of either Trendz, directly or indirectly, in any
transaction or business activity for any purpose, including but not limited to
obtaining a permit, licence or other type of authorization, whether at a local,
regional or national level. In the event that any form of interaction with a
government entity or government official is required in relation to Seller’s
engagement, directly and / or indirectly, with Trendz, the Seller shall obtain
prior written authorization from Trendz before proceeding with the engagement
or interaction.
2. Anti-Corruption Clauses
Seller is familiar with Trendz’s Anti-Corruption Policy. Seller agrees that in connection with its activities under this STOU, neither the Seller nor any agent, affiliate, re-grantee, director, employee, or other person acting on its behalf will offer, promise, give, or authorize the giving of anything of value, or offer, promise, make, or authorize the making of any bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any government official or political party in order to obtain or retain business, gain any unfair advantage, or influence any act or decision of a government official.
If requested by Trendz, the Seller shall deliver a written statement signed by its legal representative, in which it certifies that it understands, is aware of, and has duly complied with the statement above and all applicable anti-corruption laws. During the term of the STOU, such certification may be requested by Trendz on an annual basis, or as otherwise required by Trendz.
The Seller shall keep its books, records, and accounts with sufficient detail and precision as to clearly reflect its transactions and the use or disposition of its resources or assets. The Seller agrees that Trendz has the right to audit the transactions related to the Seller’s execution of its obligations under this STOU, or its use of the Benefits under this STOU, at any time and upon reasonable notice.
In the event that Trendz determines, in its sole discretion, that the Seller has engaged in conduct that violates the Policy or the applicable anti-corruption laws and regulations, Trendz immediately shall have the right to suspend future Benefits and to suspend or terminate the STOU.
The Seller represents that it has informed Trendz if any of its directors, officers, shareholders, or key persons (individuals who will have a significant role in handling the receipt of Benefits of the Seller or involved in daily operations) are government officials. The Seller represents that it has informed Trendz of any close family relationships between any of its directors, officers, employees, shareholders, agents, or representatives and any government officials. The Seller agrees to notify Trendz if (a) any such close family relationships arise during the term of this STOU or (b) any director, officer, employee, shareholder, agent, or representative becomes a government official during the term of this STOU. Close family relationships means parents, siblings, spouses, spousal equivalents, and children.
The Seller represents that it has informed Trendz if any of its directors, officers, shareholders, or key persons (individuals who will have a significant role in receipt of the Benefits of the Seller or involved in daily operations) of any entity that holds any financial interest in the Seller is a government official. The Seller agrees to notify Trendz if any such officer, director, shareholder, or owner becomes a government official during the term of this STOU.
If for any cause or reason, the Seller proposes to materially change the board, management, or purpose or mission of its non-profit organization, or has knowledge that its directors or executives have the intention to do so, or its current directors or executives transfer control of the Seller to a third party or a third party assumes control of the Seller, the Seller must notify Trendz in writing of the change at least thirty days in advance of such change, or within three business days of obtaining knowledge of the change. In such a case, the Seller may be resubmitted through the due diligence and approval procedure for third-party intermediaries in accordance with Trendz’s Anti-Corruption Policy, of which the Seller declares it is aware. Trendz reserves the right to opt for the early termination of the STOU, at its discretion and free from any liability, based on the results of the new due diligence and approval process.
All payments under this Agreement, if any, shall: (i) be made solely by wire transfer for the benefit of, and to the account of, the Seller and not to any individual employee or representative of the Seller; (ii) be denominated in INR; and (iii) not be in cash or bearer instruments
The Seller agrees to provide timely information to Trendz regarding any changes to the representations made in this STOU.
The Seller agrees to provide assistance and cooperation in any investigations related to the use of the Benefits received under this STOU.
The Seller agrees that any of Seller’s employees who will interact with the government will participate in anti-corruption training, if requested by Trendz.
Product Description
Trendz does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Audits
Trendz shall have the right to inspect and audit Seller’s records and premises / place of business through itself or through Trendz approved third party testing agencies. Cost of such an audit shall solely be borne by Trendz unless the audit reflects discrepancy in Seller accounts / non-compliance with Trendz’s Seller policies, in which case the cost of audit shall be borne by the Seller.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily / indefinitely suspend / terminate / block your account and / or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:
We may at any time, at our sole discretion, reinstate suspended Sellers. A Seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a Seller is reinstated by us. Notwithstanding the foregoing, if you breach the SToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Indemnity
You shall indemnify and hold harmless Trendz its owners, licensee,
affiliates, subsidiaries, group companies (as applicable) and their respective
officers, directors, agents, and employees from any claim, demand, or actions
including reasonable attorneys' fees made by any third party or penalty imposed
due to or arising out of your breach of the SToU, privacy policy and other
policies or your violation of any law, rules, regulations or the rights
(including infringement of intellectual property rights) of a third party.
Trademark Complaint
Trendz respects the intellectual property of others. In case you feel
that your trademark has been infringed, you can write to Trendz at complaints@trendzexhibitions.com with
appropriate subject line for prompt resolution.
Copyright Complaint
Trendz respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Trendz at complaints@trendzexhibitions.com or raise an incident from your Seller dashboard.
Trademark, Copyright and Restriction
The Website is controlled and operated by Trendz and products are sold
by respective registered Sellers. All material on the Platform, including
images, illustrations, audio clips, and video clips, are protected by
copyrights, trademarks and other intellectual property rights. You must not
copy, reproduce, republish, upload, post, transmit, or distribute Trendz’s or
other Sellers’ material in any way, including by email or other electronic
means and whether, directly or indirectly, you must not assist any other person
to do so. Without the prior written consent of the owner, modification or use
of the material on any other website / networked computer environment or for
any purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks, and other proprietary rights is prohibited. Any use for
which you receive any remuneration, whether money or otherwise, is a commercial
use for the purposes of this clause.
Limitation of Liability
Under no circumstance or event shall Trendz be liable for any special, incidental, indirect, or consequential damages of any kind in connection with the STOU, even if Trendz has been informed in advance of the possibility of such damages.
Applicable Law
The SToU shall be governed, interpreted, and construed in accordance with Indian laws. The place of jurisdiction shall exclusively be Hyderabad.
Jurisdictional Issues / Sale in India Only
Unless otherwise specified, the material on the Website is presented
solely for the purpose of sale in India. Trendz makes no representation that
the material on the Website is appropriate or available for use in other
locations / countries other than India. Those who choose to access the Website
from other locations / countries other than India do so on their own initiative
and Trendz is not responsible for supply of products / refund for the products
ordered from other locations / countries other than India and compliance with
local laws, if and to the extent local laws are applicable.
Seller Declarations
We, hereby represent, warrant, covenant and undertake to ensure that we
have obtained and shall continue to maintain in force all licences,
registrations, permissions, authorisations, certifications, compliances and
permits needed to manufacture, import, store, display, exhibit for sale,
advertise, distribute, market, supply and sell the respective products
("Products”) on the application / app, website of Trendz under applicable laws,
legislations, notifications, notice, circulars, orders, directions, clarifications,
advisories, etc. (now in effect or introduced in future) as amended from time
to time, including but not limited to the following:
S.N |
Product Category & Declaration By Sellers |
1 |
Cosmetic: Drugs and Cosmetics Act, 1940, Cosmetics Rules, 2020, in each case, as amended from time to time. We hereby undertake to ensure that:
We hereby also undertake to ensure that in an event we are manufacturing/ importing the Products in addition to selling them, we shall comply with the below norms:
|
2 |
Products containing part of animal: Corals, Seashell, Shankha, Real insect key-chains, which we sell through the portal www.trendzexhibitions.com are not prohibited or scheduled animals under Wildlife Act, 1972, as defined under the extant laws. Also, herewith we confirm that, we are not selling any of the scheduled animal or Animal articles or part thereof as scheduled and prescribed under Wildlife (Protection) Act 1927. |
3 |
Products containing Plastic: The Plastic Waste Management Rules, 2016, as amended from time to time and the Environment (Protection) Act, 1986, as amended from time to time. We have obtained and shall continue to maintain in force all certificates and authorisations, provisional certificates wherever required under applicable laws for lawful sale of the Products. |
4 |
Gold Jewellery: The Bureau of India Standards Act 1986, Bureau of Indian Standards (Hallmarking) Regulations, 2018 and Hallmarking of Gold Jewellery and Gold Artefacts Order, 2020 and all applicable legislations under BIS CRS/ BIS- ISI Product Safety and Standards Regulations, in each case, as amended from time to time. We hereby undertake that as stipulated under the Hallmarking of Gold Jewellery and Gold Artefacts Order, 2020, we will be selling the Products procured through certified sales outlets, after fulfilling the terms and conditions of certificate of registration as specified in regulation 5 of the Bureau of Indian Standards (Hallmarking) Regulations, 2018. |
5 |
National Honour: We have obtained and shall continue to maintain in force all licences, permissions, authorisations and permits needed to distribute, market, supply and sell the National Emblem, Flag and other products related to national importance on Trendz under applicable laws, from time to time, including State Emblem of India (Prohibition of Improper Use) Act, 2005, The Prevention of Insults to National Honour Act, 1971 (now, the Prevention of Insults to National Honour (Amendment) Act, 2003), The Flag Code of India, 2002, in each case, as amended from time to time through amendments, notifications, clarifications, etc. |
6 |
Product with Khadi Mark: The Khadi and Village Industries Commission Act, 1956, rules and regulations made thereunder, in each case, as amended from time to time through amendments, notifications, clarifications, etc. |
7 |
Antiquities and Art Treasures: If any of your items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972, ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Act, and shall ensure that it is not delivered to any Buyer at any place outside India. |
8 |
Food Products: The Food Safety and Standards Act, 2006, Food Safety and Standards (licensing and registration of food business), Regulations, 2011 including all applicable regulations made thereunder, in each case, as amended from time to time. We shall ensure the information provided by me on the website or mobile app regarding product name, product description and its applicable attribute is true in nature. We further represent and warrant that:
We hereby undertake to ensure that for all times during which the retail licence is not applicable as per the applicable laws, the Seller shall furnish the manufacturing licence to Trendz as per all applicable laws as amended from time to time. |
Further, we hereby represent, warrant, covenant and undertake that we will adhere to the requirements laid down under the following regulations for all the products sold on Trendz:
We acknowledge that Trendz has relied on this undertaking and that any
breach thereof will cause irreparable harm to Trendz and we unconditionally
undertake to make Trendz good and hold it harmless against any breach thereof
immediately upon request, from time to time, without protest or demur. Further,
we shall immediately notify Trendz, in writing, upon the lapse of any necessary
certificates or authorisations and/or in case of receipt of any order, demand,
warrant or document or any regulatory action with respect to such certificates
/ authorisations.
In the event the relevant authority demands the certificate to Trendz, we shall produce a copy of the said certificate at the earliest. Any delay in producing the certificate / absence of a certificate that leads to any loss / penalty to Trendz shall be recovered from the Seller providing the declaration within 7 days from such demand.
We acknowledge and agree that Trendz shall be permitted to assign or otherwise furnish this undertaking to any authority or person.
The courts in Hyderabad shall have exclusive jurisdiction on any matters set forth herein and this will be governed by the Indian.
Any notice given by Trendz to us through email registered with them or at our address registered with them shall be deemed received one (1) business day after an email is sent and in case of post, three (3) business days, and, if hand delivered, on delivery. We undertake to keep Trendz updated with any changes to our registered information.
By agreeing to the Terms of Use captured herein, we acknowledge that the declarations stated above are true and accurate and we agree to be bound by it to the extent applicable to the Product sold by us on the Platform.
Contact Us
For queries / concerns, excluding queries related to trademark and
copyright infringement, please raise an incident from your Seller dashboard.
Grievance Officer
In accordance with the IT Act, 2000, and the rules thereunder, the name
and contact details of the grievance officer are provided below:
Mr. Rajan
Designation: Manager
Siddharthsai Events and Management Services Pvt Ltd
Plot#03, Flat#302, Aruna Kiran Residency,
Gagan Vihar Colony, Begumpet,
Hyderabad, Telangana: 500 016, India
Email id : complaints@trendzexhibitions.com