Seller Terms and Conditions for Use
This document serves as an electronic record under the Information Technology Act, 2000 (“IT Act, 2000”), including its applicable rules and the provisions related to electronic records in various statutes amended by the Information Technology Act, 2000. Generated by a computer system, this electronic record does not require any physical or digital signatures. This document is published in accordance with Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the publication of rules and regulations, privacy policy, and Terms of Use for accessing or using the website. The domain name , (create link for this) including the related mobile site, mobile application, and Seller portal (seller.placitive.com) (hereinafter referred to as “Platform”), is owned and operated by Plactive Private Limited (hereinafter referred to as ‘Plactive’), a company incorporated under the Companies Act, 1956, with its registered office at Plactive Private Limited, 406, 4th Floor , Shree Amar Heights, E11-E33, Main Ajmer Road, Jaipur 302019 Rajasthan India.
Plactive is an E-commerce website and application which provides an online platform (“Application”) where registered suppliers (“Suppliers”) can offer to sell their products to registered users of the Application (“Resellers”) and end User/Buyer (“Buyers”) “You’ and ‘Your’, ‘Supplier’ and ‘Seller’ refer to any natural or legal person who has agreed to become a Seller on the Platform by providing registration data during the registration process. The term ‘user’ collectively refers to a Seller, Reseller, a Buyer, and any visitor on the Platform
The Application and the website at www.plactive.com (create link for this) (“Website”) (collectively, the “Platform”) are operated by Plactive Private Limited (including its directors, full-time employees, subsidiaries, and affiliates, collectively, the “Company” or “We”). The Company’s role is limited to managing the Application and associated marketing, payment collections, order management, enquiry management, and other incidental services to enable the transactions between the Suppliers and the Resellers / Buyers. (“Business”/” Services”). The Application is made available on a browser environment and will have to be installed as a standalone mobile application.
By installing, downloading, or even merely visiting or accessing any part of the Application or utilizing the Services and accessing the Website, users, including without limitation users who are browsers, Suppliers, Resellers, merchants, or contributors of content (collectively, “User”) agree to be bound by the Terms of Use (“Terms”) contained herein and by other policies of the Company (“Policies”) as posted on the Application or Website from time to time. References to the User in these Terms must be construed in the context in which the term is used. For instance, a User placing an order should be read as the Reseller/ Buyer placing an order.
The Terms and the Policies take effect on the date on which the Application is downloaded/Website is used or visited and/or the date on which they are updated, creating a legally binding arrangement between the User and the Company. The User’s agreement with the Company includes these Terms and the privacy policy (“Privacy Policy”) available at (create link for this) (collectively the “Agreement”).
Users can review the most current version of the Terms and Policies at any time on this page. The Company reserves the right to unilaterally update, change or replace any part of these Terms by posting updates or changes to the Application. It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes. As long as the User complies with these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.
Your use of the Platform and its features is governed by these terms and conditions, including applicable policies available on the Platform, notifications, and communications if sent to you, which are incorporated herein by reference. Please read the terms of use carefully before proceeding. By implicitly or expressly accepting the terms of use, you also accept and agree to be bound by all of Pactiv’s policies applicable to you, as amended from time to time. If you transact on the Platform, it indicates your agreement with all the terms and conditions under the terms of use. You will be subject to the policies applicable to such a transaction.
IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
You must not falsify headers or alter identifiers to conceal the origin of any messages or transmissions you send through the Platform. Additionally, you must not misrepresent yourself as another individual or entity or impersonate anyone else.
You may not use the Platform or any content for any purpose that is unlawful or prohibited by the Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Plactive and / or others.
You are prohibited from using the Platform or any associated content for any unlawful purposes or in ways that violate the Terms of Use. This includes soliciting or encouraging any illegal activities or actions that infringe upon the rights of Plactive or any third parties.
CHARGES
Registration on the Plactive Platform is free. Plactive does not charge any fee for browsing or registering on the Platform. However, before you list a product or service for sale through the Platform, please review our fee policy, which is hereby incorporated by reference into this Terms of Use.
Plactive reserves the right to change its fee policy from time to time. In particular, Plactive 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, Plactive reserves the right to introduce fees for the new services or amend/introduce fees for existing services, as applicable. Changes to the fee policy shall be posted on the Platform and shall automatically become effective immediately after they are posted.
Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Plactive. You shall be solely responsible for compliance with all applicable laws for making payments to Plactive. You agree that Plactive shall have the right to set off any amounts due and payable by you to Plactive against any payments due from Plactive to you.
You hereby authorize Plactive to collect any other applicable fees on behalf of the consumers. You understand that this fee may be retained by Plactive in the event the services pertaining to such fees have been provided by Plactive on your behalf.
SELLER ELIGIBILITY
User(s) represent and warrant that they have the right to access or use the Platform. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to access and use the Platform.
The Platform can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age or older may use the Application and avail Services. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if is discovered that the User does not meet the conditions herein.
ACCOUNT REGISTRATION POLICY
The Company does not permit Users to access and view the contents of the Application without registration on the Application. Users may access the Application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, is subject to these Terms, and strictly not transferable.
The Users agree to provide accurate, current and complete legal information during the registration process and to update such information to keep it accurate, current and complete.
The Users are required to enter a valid phone number while registering on the Company’s Platforms. By registering their phone numbers with the Company, the Users consent to be contacted by the Company via phone calls, SMS notifications or instant messages, in case of verifications and in case of subscription/service/promotional updates. The Users may opt of subscription/service/promotional updates.
By using our Platform, you agree to provide accurate and complete information as requested during the registration process. This includes, but is not limited to, the following details to register as a Seller:
- Complete Name (Mr. / Mrs)
- Complete Address
- Contact Details
- Grievance Officer Details for Consumer Complaints
- Phone Number
- Alternate contact number in case of emergency as a verified contact
- Email Address
- GSTIN
- PAN
- Business PAN
- Pin code
- Pick-up Address
- Registered Address (Principal geographic address of headquarters and all branches)
- Bank Account Details
- Account Holder Name
- Cancelled Cheque
- Signature
- Display Legal Name
- Legal Name / Trade Name
- Contractual Information (Service Level Agreement)
- Total Price (single figure, including a breakdown of charges if applicable)
- Relevant Details of Goods (including Manufacturer/Packer Name and Complete Address)
- Relevant Details of Imported Goods (including Importer Name and details, and Country of Origin)
- Applicable Guarantees or Warranties for all goods/services sold on the platform
You agree that you possess all necessary licenses and permits required by applicable laws for selling on the Platform. (create link / page for the required license and test certificates)
Upon registration, the Users may be required to complete a verification process as part of setting up their accounts. Once set up, the Users are responsible for maintaining the confidentiality of their account information, and are fully responsible for all activities that occur through their accounts. Should there be instances of any unauthorized use of their accounts or any other breach of security, the Users are required to notify the Company to stop processing requests from their accounts, (request required from the verified contact details given during registration) until further instructions.
It is the responsibility of the Users to provide correct mobile number and alternate contact details so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of date or blocked by the Users; service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.
On registration, the Users will receive a password protected account and an identification. The Users agree to:
- Maintain the confidentiality of their password.
- Take full responsibility for all activities by users accessing the application through their account.
- Immediately notify the company of any unauthorised use of their account or any other breach of security that they become aware of and ensure that they exit from their account at the end of each session.
- The Users are solely responsible for all activities that occur under their account and that all purchases made by them are intended for sale or consumption in the course of their business activities.
It shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company. The Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if the Users have failed to comply with any of the provisions of these Terms, Policies and/or the Privacy Policy as the case may be.
Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company. However, any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner.
You are responsible for maintaining the confidentiality of this information, as well as your display name, login, and password details. If any information provided is found to be untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect such information, we reserve the right to suspend or terminate your account or indefinitely block your access to the Platform.
You authorize us to address customer grievances on your behalf for products sold by you, including performing necessary incidental acts. You also consent to having your details, including the Seller Address provided during registration on the Seller Portal (seller.plactive.com), (Create a link for this) populated on the products listed by you on the platform.
BREACH OF TERMS LEADS TO ACCOUNT TERMINATION
The Company reserves the right to suspend or terminate the account or access to the Application including blocking any amounts due to the User and associated account –
If, in the company’s assessment, the user has (i) charged an unreasonably high price; (ii) unreasonable instances of returns and/or cancellations initiated; (iii) engaged in actions that are fraudulent, negligent or derogatory to the company’s interests.
If the users are found to be non-compliant with the terms, policies, user policies and/or the privacy policy as the case may be.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, temporarily or indefinitely suspend, terminate, or block your account, or put your account on hold, in the event of any of the following circumstances:
Violation of Policies
If you breach the Terms of Use (Terms of Use) (Create a link for this), Privacy Policy, or other policies such as the Prohibited & Restricted Item Policy. (Create a link for this)
Inability to Verify Information
If we are unable to verify or authenticate any information you provide. If any information provided during the registration process or thereafter proves to be inaccurate, not current, incomplete or forged.
Potential Legal Liability
If it is believed that your actions may cause legal liability for you, other users, or Plactive.
Failure to Provide Required Documents
If you do not produce the legally required documents, such as those necessary for product sales in certain categories (e.g., Drugs and Cosmetics), BIS license documents, Brand Authorization letters, or Trademark registration proofs, purchase invoice in case of reseller and as required by Plactive Authorities.
Account Suspension and Termination
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 themselves or any other entity or legal form) in any manner whatsoever until such time that such a Seller is reinstated by us.
Legal Recourse
Notwithstanding the foregoing, if you breach the Terms of Use 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 referring the matter to the appropriate police or other authorities for initiating criminal or other proceedings against you.
AMENDMENT TO THE TERMS
The Company reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform. If the Users do not agree with such provisions, the Users must stop using the Platform with immediate effect. The Users’ continued use of the Platform will be deemed to signify their acceptance of the amended provisions of these Terms and/ or the Agreement.
COMMERCIAL AND CONTRACTUAL
All commercial and contractual terms are solely offered by you and agreed upon between you and the Buyers. These terms include, but are not limited to, pricing, shipping costs, payment methods and terms, delivery dates, periods and modes, as well as warranties and after-sales services associated with the products and services. Plactive does not determine, advise, control, or involve itself in the offering or acceptance of such terms between you and the Buyers.
Plactive does not make any representations or warranties regarding the specifics (such as quality, value, and saleability) of the products or services proposed to be sold, offered for sale, or purchased on the Platform. Plactive does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform and accepts no liability for any errors or omissions by third parties related to these products and services.
Plactive is not responsible for any non-performance or breach of contract between you and the Buyers. We cannot and do not guarantee that you and the Buyers will perform transactions concluded on the Platform. Plactive is not required to mediate or resolve any disputes or disagreements between you and the Buyers.
Plactive does not make any representations or warranties regarding the specifics of any of its users, such as legal title, creditworthiness, or identity. It is advisable for you to independently verify the credibility of any Buyer you choose to engage with on the Platform and to exercise your best judgment in doing so.
At no point during a transaction between you and a Buyer does Plactive take possession of any of the products or services you offer, nor does it gain title to or any rights over these products or services. Plactive will not hold any rights, title, or interest in these items and will have no obligations or liabilities regarding such contracts. We are not responsible for unsatisfactory or delayed service performance, damages, or delays resulting from items that are out of stock, unavailable, or back-ordered.
The Platform serves solely as a means for you to reach a broader customer base for selling your items or services. Plactive acts only as a communication platform, and it is understood that the contract for the sale of any products or services is strictly a bipartite agreement between you and the Buyer.
You agree to release and indemnify Plactive and its officers and representatives from any costs, damages, liabilities, or consequences arising from the actions of users on the Platform. You specifically waive any claims you may have in this regard under any applicable law. Despite our reasonable efforts, Plactive cannot control the information provided by other users on the Platform, and you may encounter information that is offensive, harmful, inaccurate, or deceptive. Please exercise caution and practice safe trading when using the Platform. Be aware that there may be risks in dealing with underage individuals or those acting under false pretences.
ORDERS AND FINANCIAL TERMS
Suppliers are required to adhere to all applicable government laws and quality standards. They must ensure that their product packaging and labelling meet all prescribed legal requirements. Compliance with all relevant laws is the sole responsibility of the supplier, and the Company will not be held liable for any non-compliance. Suppliers shall indemnify the Company and the Platform for any harm or loss resulting from violations of these regulations.
The provided details are suggestions only; it is the supplier’s responsibility to identify and comply with relevant laws for their products. We are not obligated to advise on applicable laws for your offerings. Any notices from government departments will be directed to the supplier, and the product will be temporarily suspended from trading.
The Application allows Users to place orders for the products sold by various Suppliers and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Company does not own, sell, resell products on its own and/or does not control the Suppliers. The Company reserves the right to delist any product from the Application.
The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the Suppliers concerned.
On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the Supplier and the User concerned. Further, the Company may inform the Users about the availability or unavailability or change in price of the order as informed by the Supplier concerned. Confirmation of the order shall be treated as final.
All commercial/contractual terms are offered by and agreed to between Suppliers and the Users alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Suppliers and the Users. All discounts and offers are by the Suppliers and not by the Company.
The Users acknowledge and agree that the Company may, at the request of the Supplier, act as the payment agent for the limited purpose of accepting payments from them on behalf of the Supplier. Upon payment of the amounts to the Company, which are due to the Supplier, the payment obligation to the Supplier for such amounts is completed, and the Company will be responsible for remitting such amounts, to the seller. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for the transactions on the Application. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.
The Users agree to provide current, complete and accurate purchase and account information for all purchases made at on the Application. The Company agrees to promptly update the Users account and other information, including email addresses and credit card numbers and expiration dates, so that the Company can complete the transactions.
In connection with any order, information such as name, billing address and credit card information will have to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application.
The Company merely collects the payment on behalf of the Supplier. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the documents are being charged and determined by the Supplier. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Supplier.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and / or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
The transaction is bilateral between the Suppliers and the Users and, the Company is not liable to charge or deposit any taxes applicable on such transaction. The provided details are suggestions only; it is the supplier’s responsibility to identify and comply with relevant laws for their products. We are not liable for advising on applicable laws; government notices will be sent to the supplier, and the product will be suspended from trading.
MANDATORY TEST CERTIFICATE & REGISTRATION FOR TOYS & OTHER RULES AND REGULATIONS
Regulations and Standards:
BIS Certification for Toys: It is mandatory for toys sold in India. As a reseller or trader, you must verify BIS details of the product on packaging before listing toys on the platform. For verification, refer to the following links:
Legal Metrology: The link you provided directs to the Legal Metrology Act, 2009 on the India Code website. Here, you can find the full text of the Act:
For the Legal Metrology (Packaged Commodities) Rules, 2011,
Legal Metrology (Packaged Commodities) Rules, 2011 – Home …
Health and Safety:
- Drugs and Cosmetics Act, 1940 (D&C Act) and Rules, 1945 (D&C Rules).
- Food Safety and Standards Act, 2006, including:
- Packaging and Labelling Regulations, 2011 (FSS Packaging Regulations).
- Food Product Standards and Additives Regulations, 2011 (FSS Standards Regulations).
- Supplements and Novel Foods Regulations, 2016 (FSS Supplement Regulations).
Toys: Compliance with BIS standards are mandatory. Verify BIS details at:
Mandatory Tests for Toys:
- IS 9873-1: 2019, Mechanical and Physical Safety
- IS 9873-2: 2017, Flammability
- IS 9873-3: 2017, Migration of Certain Elements
- IS 9873-7: 2017, Finger Paints
- IS 9873-9: 2017, Phthalates
- IS 15644: 2006, Electric Toys
Sports Goods: Verify standards at .
School and Stationery: Verify standards at .
Other Products: Ensure compliance with:
- Arms Act, 1959
- Indian Penal Code, 1860
- Explosives Act, 1884
- Regulation of Persistent Organic Pollutants Rules, 2017
- Public Gambling Act, 1867
- Lotteries (Regulation) Act, 1998
- Cigarettes and Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act34, 2003
USE OF THE APPLICATION
The Users agree, undertake and confirm that the use of the Platform shall be strictly governed by these Terms, Policies and the Privacy Policy. (Create a link for this) The Users shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
You will not attempt to gain unauthorized access to, or exceed the scope of authorized access to, the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform. Additionally, you will not solicit passwords or personal identifying information from other users for commercial or unlawful purposes.
Interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;
Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;
Violates any law for the time being in force;
Impersonates another person;
Contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information and Directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law of the country dealing into, rule, regulation or guideline for the time being in force.
BY USING THE PLATFORM, THE USERS REPRESENT AND WARRANT THAT:
Throughout the Terms of Use, (Create a link for this) “Plactive’s prior written consent” refers to a communication from Plactive’s Legal Department that responds to your request and specifically addresses the activities or conduct for which you are seeking authorization.
All registration information submitted by the Users is truthful, lawful and accurate;
The Users use of the Application shall be solely for their use and they shall not authorize others to use the account;
The Users will not submit, post, upload, distribute, or otherwise make available or transmit any information that:
Is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person.
Is bigoted, hateful, or racially or otherwise offensive.
Is violent, vulgar, obscene, pornographic or otherwise sexually explicit.
Is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
All necessary licenses, consents, permissions and rights are owned by the Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms, Policies and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any Content that the Users submit, post, upload, distribute or otherwise transmit or make available;
The Users will not use the Application in any way that is unlawful, or harms the Company or any other person or entity.
The Users will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Application or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Application;
The Users will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
Your actions must not threaten the unity, integrity, defense, security, or sovereignty of India, or harm friendly relations with foreign states. They should not incite any offense or obstruct the investigation of any offense, nor should they insult any nation or offend the religious and national sentiments of India. These expectations are in line with our ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.
The Users will not delete or modify any content of the Application, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
The Users will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;
The Users shall not access the Application without authority or use the Application in a manner that damages, interferes or disrupts, any part of the Application or any equipment or any network on which the Application is stored or any equipment of any third party;
The Users will always be in compliance with applicable laws;
The Users release and fully indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Application and specifically waive any claims that the Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Application.
The Users shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application by any means. The Users shall not probe, scan or test the vulnerability of the Application nor breach the security or authentication measures on the Application or any network connected to the Application.
The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person’s use of the Application. The Users may not use the Application or any of its content for any purpose that is unlawful or prohibited by these Terms Policies or the Privacy Policy. (Create a link for this)
You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automated device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any part of the Platform or its content. Additionally, you shall not reproduce, bypass, or circumvent the navigational structure or presentation of the Platform to obtain or attempt to obtain any material, documents, or information through any means not intentionally provided through the Platform. We reserve the right to prohibit such activities.
You shall not make any negative, denigrating, or defamatory statements or comments about us, our brand name, or domain name, including Plactive, its affiliates, or associated entities. You also agree not to engage in any conduct or actions that could harm the image or reputation of Plactive or its Sellers on the platform, or tarnish or dilute any Plactive trademark, service marks, trade names, or goodwill associated with them. Additionally, you agree not to take any actions that would impose an unreasonable or disproportionately large load on the Platform’s infrastructure or Plactive’s systems, networks, or any connected systems or networks.
The Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, including that of:
The Information Technology Act, 2000 and the rules thereunder.
All applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force).
International laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. The Users shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow the Company to use the information supplied by the Users, without violating any rights or any laws, the Users agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. The Company will only use the information in accordance with these Terms of Service and Privacy Policy available at https://Plactive.com/privacy, (Create a link for this) applicable to use of the Application.
From time to time, the Suppliers shall be responsible for providing information relating to the products proposed to be sold by them. In this connection, the Suppliers undertake that all such information shall be accurate in all respects.
The Suppliers shall not exaggerate or overemphasise the attributes of such products so as to mislead other Users in any manner.
The Company reserves the right, but has no obligation, to monitor the materials posted on the Application.
The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms. In no event shall the Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Application.
The Company shall have all the rights to take necessary action and claim damages that may occur due to the Users involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.
The Users understand that their content, may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Users understand and acknowledge that the use of the Application requires internet connectivity and telecommunication links.
The Users shall bear the costs incurred to access and use the Application and avail the Services, and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.
INFORMATION USE AND RIGHTS
To facilitate our use of the information you provide and to ensure we respect your rights regarding that information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable right to utilize the copyright, publicity, database rights, and any other rights associated with your information. This grant allows us to engage in any current or future promotional, advertising, or business activities.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Application, either provided by the Users or the Suppliers. The material on the Application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
The Users agree that, the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Application is at the Users’ own risk.
The Application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
The Company reserves the right to modify the contents of the Application at any time, but has no obligation to update any information on the Application.
The Users agree that it is their responsibility to monitor changes to the Application.
Occasionally there may be information on the Application that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Application is inaccurate at any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Application, should be taken to indicate that all information on the Application or pertaining to the Services have been modified or updated.
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY
The Company endeavours to make the Application available during the Company’s working hours. However, the Company does not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
The Company does not warrant that the Application will be compatible with all hardware and software which is used by the Users.
The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing the Application.
The Company does not represent or warrant that the information available on the Application will be correct, accurate or otherwise reliable. The Suppliers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Application.
The Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to the Users, and in no event shall such products be the responsibility of the Company.
The Company is not responsible for any non-performance or breach of any contract entered into between the Suppliers and the Users.
The Company cannot and does not guarantee that the concerned Suppliers will perform any transaction concluded on the Application.
The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.
The Company does not at any point of time during any transaction between any Supplier and a User take possession of any of the products offered nor does it at any point gain title to or have any rights or claims over such products.
At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users.
The Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Company only provides a Platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the Suppliers and the Users concerned.
The Company shall not be liable for any misuse of the information shared by the Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments.
The Application may be under constant upgrades, and some functions and features may not be fully operational.
The Application is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.
The Company makes no representation or warranty that:
The Application will be accurate or reliable.
The Application will be uninterrupted, timely, secure, or error-free.
Any information that may be obtained from the use of the Application will be accurate, timely or complete.
Any errors in any software used on the site or in connection with the Application will be corrected.
The Company does not represent any of the Users or Suppliers, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Suppliers or Users displayed on the site. Any information provided with respect to the Users and fees payable is subject to change without notice. Any trademark, word mark or intellectual property of any Users or Suppliers belongs to such Users/Suppliers alone, and the Company has no right or claim over the same.
Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform have the right to sell the products.
The Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third-party rights.
The Users further acknowledge and agree that by taking down a listing, the Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which the Company declines to take down a listing, the Company does not and cannot be deemed to be endorsing that the listing is not infringing of third-party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in the Company’s reasonable belief is unlawful or could subject the Company to liability or is in violation of these Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate with any investigation in this regard.
The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event the Company takes any of the actions mentioned in this clause.
The Company is not responsible and will have no liability for:
Any content or products provided by any persons or entities other than the Company;
Damages of any kind that result from the downloading of any data or any other materials on the site or through the Application; or
The failures of the internet or any data or telecommunications equipment, system or network used in connection with the Application.
The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Application, or for any other claim related in any way to the use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application or any content posted, transmitted, or otherwise made available via the Application, even if advised of their possibility.
The Company or its employees, affiliates, authors or agents shall not be liable to any party for any losses or injury arising out of or relating to the information provided on the Application. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users.
Interalia the Company does not guarantee that:
The Platform will meet the Users’ expectations; or
The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
The results obtained through use of the Platform will be correct and reliable; or
The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.
The Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from the Application. No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, unless stated otherwise.
SELLING
Suppliers are permitted to list products for sale on the Application in accordance with the Terms and Policies which are incorporated by way of reference in this Terms of Service. The Suppliers represent and warrant that they are legally able to sell or list the products on the Application; and 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. The Suppliers and the Users agree that the Company is not responsible for PRIVACY. All information about Users that are collected, stored or transmitted in any way on the Application, including any registration information, is subject to our Privacy Policy (the “Privacy Policy”), available at Privacy Policy link
The information collected by the Company through the Application includes Users’ mobile number, bank details and KYC for the limited purpose of fulfilling transactions on the Application. Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by the Company.
The Users agree that information about their use of the Platform through their mobile telecommunication device may be communicated to the Company, and the Company may obtain information from the Users’ mobile carrier or mobile device. In addition, use of the Platform through a mobile telecommunication device may cause data to be displayed on and through the Users’ mobile device. By accessing the Platform using a mobile telecommunication device, the Users represent that to the extent they import any of their data to their mobile telecommunication device they have authority to share the transferred data with their mobile carrier or other access provider.
The Users agree to promptly update their account information in the event of change or deactivation of their mobile account to ensure that the messages intended for them are not sent to another person. Failure to do so is the sole responsibility of the Users.
The Users acknowledge that they are responsible for all charges and necessary permissions related to accessing the Platform through their mobile access provider. The Company urges the Users to check with their providers to find out if the Platform is available on their mobile devices.
COMPLIANCE ON SELLING OF GOODS
You must ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST), Union Territory Goods and Services Tax (UTGST), or State Goods and Services Tax (SGST) concerning the goods and services you supply.
It is your responsibility to charge the appropriate Goods and Services taxes on the supplies made and to remit these taxes to the government. Plactive will not be responsible for any deficiencies or omissions on your part.
In accordance with the tax collection at source provisions under IGST, CGST, and UTGST or SGST, Plactive will collect tax collection at source at applicable rates on the net value of taxable supplies made through the portal and remit it to the appropriate government authority.
In case of any discrepancies due to tax collection at source, you are required to provide all relevant information to Plactive to correspond with the relevant authorities. Any liability arising from such discrepancies due to your omission will be your obligation to pay.
You must provide the corresponding Harmonized System Nomenclature (HSN) code for every product listing. If you do not provide the HSN code, the respective product will be delisted, and you will no longer be able to sell the product on our platform.
Additionally, you are required to provide your GSTIN. Without it, we will not be able to raise an invoice for you. If you do not provide your GSTIN, transactions on your account will be blocked, and orders will not be processed. If you provide your Input Service Distributor (ISD) registration number, Plactive will issue an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required concerning the said ISD registration number.
SELLER DECLARATIONS
We hereby represent, warrant, covenant, and undertake to ensure that we have obtained and shall continue to maintain in force all necessary licenses, registrations, permissions, authorizations, certifications, compliances, and permits required to manufacture, import, store, display, exhibit for sale, advertise, distribute, market, supply, and sell the respective products (“Products”) on the application, app, and website of Plactive Private Limited (Plactive) under all applicable laws, legislations, notifications, notices, circulars, orders, directions, clarifications, advisories, etc., as currently in effect or introduced in the future, and as amended from time to time. This includes, but is not limited to, the following:
Segment Declaration By Sellers
BIS CertificationWe comply with The Bureau of India Standards Act 1986 (‘BIS Act’), Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order 2012, all applicable Quality Control Orders issued under the BIS Act, ISI Mark Scheme, Energy Conservation Act 2001, and rules and regulations made thereunder, and all applicable legislations under BIS CRS / BIS – ISI BEE Product Safety and Standards Regulations, as amended from time to time. We have obtained and shall continue to maintain all certificates and authorizations needed under applicable laws for the lawful sale of the Products.
Products Containing Parts of AnimalsProducts such as corals, seashells, shankha, and real insect keychains sold through Plactive.com are not prohibited or scheduled animals under the Wildlife Act, 1972, as defined under the extant laws. We confirm that we are not selling any scheduled animals or animal articles as prescribed under the Wildlife (Protection) Act, 1927.
Products Containing PlasticWe comply with the Plastic Waste Management Rules, 2016, and the Environment (Protection) Act, 1986, as amended from time to time. We have obtained and shall continue to maintain all necessary certificates and authorizations for the lawful sale of the Products.
ManjhaWe comply with the orders of the National Green Tribunal (vide Execution Application No. 06/2020 in OA No. 384/2016) that impose a total ban on the sale of any synthetic manjha/nylon thread or similar thread coated with synthetic substances for kite-flying.
WPC and TECWe comply with The Indian Wireless Telegraphy Act, 1933, Wireless Planning Commission No. ETA-WPC/Policy/2018-19, The Indian Telegraph Act, 1885, The Indian Telegraph (Amendment) Rules, 2017, and Mandatory Testing and Certification of Telecom Equipment (MTCTE) notification & Bureau of Energy Efficiency – March, 2002, as amended from time to time through amendments, notifications, clarifications, etc.
National HonourWe have obtained and shall continue to maintain all licenses, permissions, authorizations, and permits needed to distribute, market, supply, and sell the National Emblem, Flag, and other products related to national importance on Plactive under applicable laws, including the State Emblem of India (Prohibition of Improper Use) Act, 2005, The Prevention of Insults to National Honour Act, 1971, as amended in 2003, and The Flag Code of India, 2002.
Drugs and Allied ProductsWe comply with the Drugs and Cosmetics Act, 1940, The Medical Devices Rules, 2017, The Drugs Price Control Order, 1995, Drugs & Magic Remedies (Objectionable Advertisement) Act, 1954, Poison Act, 1919, Narcotic Drug & Psychotropic Substance Act, 1985, Pharmacy Act, 1948, Pharmacy Practice Regulation, 2015, as amended from time to time. We undertake not to sell or list drugs covered under Schedule H, H1, G, Narcotic and Psychotropic categories, tranquillisers, and drugs specified in Schedule X of the Drugs and Cosmetics Rules, 1945. We ensure that all products conform to the standards set by Government Authorities. We refrain from promoting misbranded, counterfeit, or spurious products and abide by product recall requirements. We comply with all applicable laws, including any additional requirements specified by the Government of India.
Cigarette & Other Tobacco Products & ENDsWe do not distribute, market, supply, or sell cigarettes and other tobacco products on Plactive. We comply with the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, and The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019, as amended from time to time.
Products with Khadi MarkWe comply with the Khadi and Village Industries Commission Act, 1956, and the rules and regulations made thereunder, as amended from time to time.
Antiquities and Art TreasuresIf any of our items listed on the Platform qualify as ‘Antiquities’ or ‘Art treasures’ under the Antiquities and Art Treasures Act, 1972, we indicate that such Artwork is ‘non-exportable’ and ensure it is not delivered outside India.
Food ProductsWe comply with the Food Safety and Standards Act, 2006, and Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, as amended from time to time. We provide accurate information regarding product name, description, and attributes. We display our FSSAI Licence/Registration on the Platform, ensure that food articles have a minimum shelf life as mandated by law, provide mandatory food information to customers, and comply with basic hygiene and sanitary practices. We ensure all packaging and labelling comply with the Food Safety and Standards (Packaging) Regulations, 2018, and the Food Safety and Standards (Labelling and Display) Regulations, 2020.
We also comply with the following:
The Legal Metrology Act, 2009We comply with the Legal Metrology (Packaged Commodities) Rules, 2011, and the Legal Metrology (Packaged Commodities) Amendment Rules, 2017 and 2021, Extensions and FAQs 2022, as amended from time to time.
Consumer Protection (E-commerce) Rules, 2020We ensure that descriptions, images, and other content pertaining to goods or services on the platform are accurate and correspond directly with the appearance, nature, quality, purpose, and other general features of such goods or services.
Foreign Exchange Management Act, 1999We comply with the rules and notifications issued thereunder, including the Customs Act, Information Technology Act, 2000 (as amended by the Information Technology (Amendment) Act, 2008), Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, and the Export Import Policy of the Government of India, as applicable.
We hereby represent, warrant, covenant, and undertake to ensure that we have obtained and will continue to maintain all necessary licenses, registrations, permissions, authorizations, certifications, and permits required to manufacture, import, store, display, sell, advertise, distribute, market, supply, and sell the products (“Products”) on the application and website of Plactive Internet Private Limited (Plactive). This obligation extends under applicable laws, regulations, notifications, circulars, orders, directives, clarifications, advisories, and similar documents (now in effect or introduced in the future), as amended from time to time, including but not limited to the following:
We further represent, warrant, covenant, and undertake to comply with the following regulations for all products sold on Plactive:
The Legal Metrology Act, 2009, and the Legal Metrology (Packaged Commodities) Rules, 2011, along with the Legal Metrology (Packaged Commodities) Amendment Rules of 2017 and 2021, including Extensions and FAQs 2022, as amended. We will obtain and maintain all necessary certificates and authorizations for the lawful sale of these products.
The Consumer Protection (E-commerce) Rules, 2020, as amended, ensuring that all descriptions, images, and other content related to goods or services on the platform are accurate and correspond directly with the appearance, nature, quality, purpose, and other general features of such goods or services.
Compliance with the Foreign Exchange Management Act, 1999, its associated rules and notifications, and the Exchange Control Manual issued by the Reserve Bank of India, along with the Customs Act, the Information Technology Act, 2000 (amended by the Information Technology (Amendment) Act, 2008), the Prevention of Money Laundering Act, 2002, the Foreign Contribution Regulation Act, 1976, the Income Tax Act, 1961, and the Export Import Policy of the Government of India, as applicable to the use of the Payment Facility.
We also confirm that we will not list any products sourced from or used in the manufacturing or provision of services originating, wholly or in part, from any prohibited countries as defined by the ‘OFAC Regulations and Other Applicable Sanctions Regulations.’ We are committed to complying with all applicable laws as amended from time to time.
We acknowledge that Plactive has relied on this undertaking, and any breach will cause irreparable harm to Plactive. We unconditionally undertake to indemnify and hold Plactive harmless against any breach immediately upon request, without protest. Additionally, we shall promptly notify Plactive in writing of any lapse in necessary certificates or authorizations, or upon receipt of any order, demand, warrant, or regulatory action concerning such certificates/authorizations.
In the event that a relevant authority requests certification from Plactive, we shall produce a copy of the said certificate as soon as possible. Any delay or absence of a certificate that results in loss or penalties for Plactive will be recoverable from us within 7 days of such demand.
We acknowledge and agree that Plactive may assign or transfer this undertaking to any relevant authority or person. The courts in Jaipur shall have exclusive jurisdiction over any matters arising from this agreement, which shall be governed by the laws of the Republic of India.
Any notice given by Plactive to us via the email or address registered with them shall be deemed received one (1) business day after the email is sent, three (3) business days after postal delivery, and on the day of hand delivery. We undertake to keep Plactive updated with any changes to our registered information.
By agreeing to these Terms of Use (Create a link for this), we confirm that the declarations stated above are true and accurate, and we agree to abide by them as they apply to the products sold by us on the Platform.
DISPATCH OF PRODUCTS AND/OR SERVICES
Dispatch Responsibility: As a Seller, you are required to dispatch products and/or services to the Buyer within the time frame specified in the Terms of Use (Create a link for this) to ensure timely delivery. Additionally, you are solely responsible for arranging transit insurance for products sold by you on the Platform. To clarify, Plactive will not be responsible for providing any insurance for products sold by Sellers on the Platform.
Dispatch and After-Sales Details: The Seller must provide dispatch details and after-sales service information related to products and services listed on the Platform to Plactive as specified in the policies. Failure to do so within the given time frame will result in the cancellation of the transaction.
Approved Channel: The Seller must dispatch products and/or services using only an approved delivery channel that provides appropriate ‘proof of dispatch’ and ‘proof of delivery’ (PoD) documentation. This PoD documentation must be maintained by the Seller for a period of three years from the date of dispatch. The PoDs should be furnished to Plactive upon request within the notified time frame.
Correct Details: The Seller agrees that the dispatch details provided shall be true, accurate, and duly authorized. The information must not be misleading, fraudulent, false, unauthorized, illegal, or contain any misrepresentation of facts.
Failure to Dispatch: If a Seller fails to provide dispatch details or provides details that do not comply with the policies, it will result in consequences as specified in the Terms of Use (Create a link for this) and may lead to the suspension and/or termination of the Seller’s account.
The Seller agrees that the transaction price paid by a Buyer will be remitted to the Seller’s bank account contingent upon the following events:
- The Buyer confirms the delivery of products and/or services in the transaction.
- The Buyer does not take any action on the payment facility to confirm delivery within the time period specified in the policies, despite the Seller confirming the dispatch of products and/or services to the Buyer.
- The Buyer’s refund claim is rejected by Plactive due to any breach of the Terms of Use (Terms of Use), policies, or any applicable law.
- Once the transaction is completed by the Seller, the remittance to the Seller shall be made in accordance with RBI Intermediary Guidelines.
- Plactive facilitates logistics services through logistics partners to ease the shipment of your goods/products and ensure better customer experience. The Seller, at its discretion, may route shipments/consignments through these logistics’ partners. (Create a link for this)
ACCOUNT TERMINATION POLICY
This Account Termination Policy outlines the terms and conditions under which a user’s account on the Plactive platform may be Deactivated and Terminated. By using the Plactive platform, users agree to comply with this policy.
The Company reserves the right to Suspend / Deactivate or Terminate the account or access to the Application including blocking any amounts due to the User and associated account –
If, in the company’s assessment, the user has (i) charged an unreasonably high price; (ii) unreasonable instances of returns and/or cancellations initiated; (iii) engaged in actions that are fraudulent, negligent or derogatory to the company’s interests.
If the users are found to be non-compliant with the terms, policies, user policies and/or the privacy policy as the case may be.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, temporarily or indefinitely suspend, terminate, or block your account, or put your account on hold, in the event of any of the following circumstances:
Violation of Policies If you breach the Terms of Use (Terms of Use), Privacy Policy, or other policies such as the Prohibited & Restricted Item Policy, including but not limited to, engaging in prohibited activities, fraudulent transactions, or misuse of the platform, will be subject to deactivation
Inability to Verify Information
If we are unable to verify or authenticate any information you provide. If any information provided during the registration process or thereafter proves to be inaccurate, not current, incomplete or forged.
Non-Compliance with Policies
Non-compliance with Plactive’s policies, including but not limited to, the Return, Refund, and Replacement Policy, Privacy Policy, and Prohibition Statement, may result in account deactivation.
Inactivity
Accounts that have been inactive for a period of 12 months or more may be deactivated. Users will be notified via email prior to deactivation due to inactivity.
Potential Legal Liability
If it is believed that your actions may cause legal liability for you, other users, or Plactive.
Failure to Provide Required Documents
If you do not produce the legally required documents, such as those necessary for product sales in certain categories (e.g., Drugs and Cosmetics), BIS license documents, Brand Authorization letters, or Trademark registration proofs, purchase invoice in case of reseller and as required by Plactive Authorities.
Fraudulent or Suspicious Activity
Accounts exhibiting signs of fraudulent or suspicious activity, including unauthorized transactions, may be immediately deactivated to protect the security and integrity of the platform.
Account Suspension and Termination
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 themselves or any other entity or legal form) in any manner whatsoever until such time that such a Seller is reinstated by us.
Legal Recourse
Notwithstanding the foregoing, if you breach the Terms of Use 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 referring the matter to the appropriate police or other authorities for initiating criminal or other proceedings against you.
DISCLOSURE
The Users acknowledge, consent and agree that the Company may access, preserve and disclose their account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
comply with legal process nationally or internationally;
enforce these Terms;
respond to the Users’ requests for service or complete the Users’ tasks;
protect the rights, property or personal safety of the Company, its subscribers and the public, or pursuant to the terms of the Privacy Policy.
THIRD PARTY LINKS
Certain content or products available via the Application may include materials from third-parties. Third-party links on the Application may direct the Users to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
OPTIONAL TOOLS
The Company may provide you with access to third-party tools over which Company neither monitors nor has any control nor input. The Users acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by the Users of the optional tools offered through the Application is entirely at their own risk and discretion and it is the responsibility of the Users that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
The Company may also, in the future, offer new features through the Application (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECURITY COMPONENTS
The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The Users agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
INTELLECTUAL PROPERTY
The Company is either the owner of intellectual property rights or has the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on the Application, and on the material published on it in cases where it may be so construed.
The Users acknowledge that the copyright in the information shared with the Company by the Suppliers or other content providers may vest in such persons and not in the Company unless otherwise stated.
“Plactive” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
All Content including Information (defined below) is copyrighted to the Company excluding any third-party content including without limitation, content shared by Suppliers and any links to any third-party websites being made available or contained on the Platform. Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
The Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
The Users must not use any part of the materials on the Application for commercial purposes without obtaining a licence to do so from the Company. All rights, not otherwise claimed under these Terms by the Company are hereby reserved.
Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from the Platform or any offer displayed on the Platform (“Information”) is intended, solely to provide general information for the personal use of the Users, who fully accept any and all responsibility and liabilities arising from and out of the use of such Information.
The Company does not represent, warrant or endorse in any manner the accuracy or reliability of such Information, or the quality of any products and/or services obtained by the Users as a result of any such Information.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in these Terms shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users.
In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the User(s) use of such products.
LIMITED LICENSE
Plactive grants Sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable, and personal license to use the “Plactive” name and/or logo on the Seller’s invoice for transactions concluded on the Platform. Additionally, Plactive grants Sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable, and personal license to use the “Plactive” name and/or logo on packing material used by Sellers for the delivery of Products sold on the Platform.
COMMUNICATIONS
The Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from Plactive.com domain or it will be displayed in your user account on the Plactive.com.
FORCE MAJEURE
The Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
INDEMNIFICATION
The Users shall indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or in connection with:
the User’s breach of these Terms;
any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform;
the User’s violation of any rights of another, including intellectual property rights; and
the User’s violation of any applicable laws.
Notwithstanding anything to the contrary in these Terms, in no event shall the Company and its affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Application.
SEVERABILITY
In the event any provision of these Terms or Policies is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
ACCOUNT DEACTIVATION
These Terms are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms of Service at any time by notifying the Company that they no longer wish to use the Application or the Services, or when they cease using the Application.
These Terms are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms of Service at any time by notifying the Company that they no longer wish to use the Application or the Services, or when they cease using the Application.
Seller Account Closure Request
If a Seller requests the closure of their account, the following process will be followed:
Hold Period
The account will be put on hold for a period of 90 days to ensure the smooth closure of transactions made prior to the closure request. During this period, the account will remain accessible to the Seller for downloading payment and taxation reports if required.
Confirmation and Deactivation
After the 90-day hold period, the Seller must contact Plactive to confirm that all necessary reports have been downloaded and to request deactivation again. Upon receiving this confirmation, the Seller’s account will be deactivated, provided there are no outstanding payments due from the Seller.
Information Retention
Certain information will be retained by Plactive at all times, including the registered mobile number, registered email ID, GSTIN, and other transaction-related information. This information is retained for audit purposes and to prevent fraudulent acts by Sellers in the future.
Reactivation
If a Seller decides to resume business with Plactive, they will not be able to create a new account but may request the restoration of their old account if required.
Notification of Deactivation
Plactive will make reasonable efforts to notify users of impending deactivation, providing an explanation for the action. Notifications will be sent via the email address associated with the account.
Appeal Process
Users who believe their account has been wrongfully deactivated may appeal the decision. To initiate an appeal, users must contact Plactive customer support (Create a link for this) within 30 days of receiving the deactivation notice. The appeal should include:
User’s full name and account details.
A detailed explanation of why the deactivation is believed to be incorrect.
Any supporting evidence or documentation.
Plactive will review the appeal and respond within 15 business days.
6. Data Retention and Privacy
Upon deactivation, Plactive will retain user data in accordance with its Privacy Policy. (Create a link for this) Deactivated accounts may be deleted after a certain period, as specified in the Privacy Policy.
7. Effect of Deactivation
Once an account is deactivated:
Users will no longer have access to their account.
Any ongoing transactions may be cancelled.
Users may lose access to any benefits, rewards, or offers associated with their account.
8. Contact Information
For any questions or concerns regarding this Deactivation Policy, users can contact Plactive customer support at:
Email: sellersupport@plactive.com
Phone: +91 1234567890
Address: Plactive Private Limited, 406, 4th Floor, Shree Amar Heights, E11-E33, Main Ajmer Road, Jaipur 302019 Rajasthan India.
9. Amendments
Plactive reserves the right to amend this Deactivation Policy at any time. Users will be notified of any significant changes via email or through announcements on the Plactive platform.
SELLER ACTION FRAMEWORK
Plactive reserves the right to take appropriate action against sellers for non-compliance with any applicable laws as stipulated in this Terms of Use or otherwise applicable to the products listed by the seller. Such actions may include, but are not limited to, delisting or blacklisting the seller from the platform. Plactive may also assign appropriate penalties for non-compliance with this document as deemed appropriate.
Sellers are responsible and liable for any notices or governmental communications received from applicable authorities by Plactive. Sellers must respond, defend, and hold Plactive harmless from any such claims related to any listing by the seller.
Sellers are responsible for listing products under the specified category and must not list products in any other category that may mislead consumers. Sellers are also responsible for any returns due to manufacturing defects and must communicate with manufacturers to resolve such situations.
Sellers are liable for any action or penalty received by Plactive and must pay the entire amount of the penalty as received by Plactive. Plactive is not responsible for any violations of applicable laws by sellers.
For more details regarding the Seller Action Framework, please refer to Plactive’s Prohibited & Restricted Item Policy.
COMPLIANCE WITH LAWS
Acknowledgement and Declarations: The Seller acknowledges their responsibility to comply with all applicable laws and agrees to sign the declarations outlined in these Terms of Use.
Adherence to Legal and Regulatory Requirements: The Seller will fully comply with all relevant laws and regulations, including but not limited to anti-money laundering requirements (such as Know Your Customer and Customer Due Diligence) and sanctions imposed by the United Nations (Security Council) Act, 1947 (“UNSCA”) and the Republic of India. Neither party will engage in transactions under this agreement that would cause the other party to violate these laws and regulations.
Prohibited Sourcing and Manufacturing: The Seller must ensure that no products used in manufacturing or provided as services originate wholly or in part from any countries listed in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.
Processing of Personal Information: If you collect, access, use, store, or otherwise process any personally identifiable information (such as name, age, gender, email address, physical address, phone number) that can be linked to a specific individual (“Personal Information”) received from or on behalf of Plactive (or any Plactive group company) employees, contractors, users, partners, or other third parties, or obtained in connection with your obligations under these Terms of Use (“Plactive’s Personal Information”), you agree to:
Compliance with Data Protection Laws: Comply with all applicable data protection laws and regulations governing the collection, use, protection, breach notification, retention, and disclosure of Personal Information. This includes, but is not limited to, the 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”), as well as any requirements related to the storage or cross-border transfer of Personal Information outside India.
Confidentiality of Personal Information: Keep and maintain all of Plactive’s Personal Information in strict confidence. The obligation to protect Personal Information shall continue indefinitely.
Use of Personal Information: Process Plactive’s Personal Information solely to fulfill your obligations under these Terms of Use. You shall not sell, rent, trade, lease, use for advertising or marketing purposes, or make any unauthorized disclosure of Plactive’s Personal Information to any third party.
Warranties Regarding Personal Information: If you provide your own or others’ Personal Information to Plactive for processing, you warrant that such Personal Information was collected lawfully and that there are no restrictions under the Applicable Data Protection Law preventing you from providing it to Plactive or from its processing under these Terms of Use. We will use the information you provide solely in accordance with these Terms of Use and our Privacy Policy, which is available at . (Create a link for this)
Responsibility for Product Listings: You assume sole and exclusive responsibility to ensure that the products you list on (Create a link for this) for sale are permitted for such a sale and are not prohibited or restricted by any applicable laws, Plactive’s Prohibited and Restricted Items Policy, or other Plactive policies and Indian laws as outlined in the Seller Learning Portal.
Compliance with Legal Metrology and Labelling Requirements: Products listed on Plactive must comply with Legal Metrology laws and Indian labelling requirements. This includes ensuring that the indicated weights and measurements of products and their components meet the mandatory legal standards, ensuring accuracy, authenticity, and safety for customer use. Plactive does not assume responsibility for any actions taken by an aggrieved customer against the Seller due to non-compliance. However, if a complaint arises, the Seller must address any queries regarding adherence to Legal Metrology Laws. Failure to do so may result in Plactive temporarily or indefinitely suspending, terminating, blocking, or withholding your account at its discretion.
Compliances under The Consumer Protection (E-commerce) Rules, 2020:
Avoiding Misleading Reviews: You must not mislead consumers by posting false reviews about your own products or services, pretending to be a consumer on the Plactive Platform.
Handling Defective or Misrepresented Products/Services: If your products or services are defective, deficient, adulterated, spurious, or do not meet the advertised or agreed-upon features, or if they are delivered later than the stated schedule, you are required to provide benefits including refunds, returns, replacements, exchanges, warranties, guarantees, withdrawals, and cancellations for the products or services listed on the Plactive Platform.
You agree and undertake to comply with the following:
Registration and Grievance Mechanism:
Register with Plactive Internet Private Limited to sell your products or services on the Plactive Platform.
Establish a Consumer Grievance Redressal Mechanism to address consumer disputes as referred by the Plactive Platform.
Product/Service Quality Consistency:
Ensure that the products or services offered on the Plactive Platform match the actual quality and features as presented on the platform.
Display of Information:
Clearly display your company’s or firm’s name, geographic address, customer care details, consumer reviews for the listed products or services, and any other relevant information.
Product/Service Details:
Ensure that all required details about your products or services are displayed on the Plactive Platform in accordance with applicable laws.
Pricing Transparency:
Provide the total price of products or services and a detailed breakdown of applicable taxes.
Manufacturing and Expiry Dates:
Display the manufacturing or packed date and expiry date of products where required by law.
Product Details:
Provide all necessary details about your products or services, including the Country of Origin, to enable consumers to make informed purchasing decisions.
Grievance Officers:
Appoint Grievance Officers to handle consumer complaints and disputes.
Import Information:
If your products are imported, either by you or a third party, provide the details of the importer, including their name and complete address, as “Imported by.”
Product Authenticity:
Ensure the authenticity and genuineness of your products or services.
Shipment and Delivery Updates: Provide timely updates on the shipment and delivery status of products or services that are shipped from your premises.
Guarantees and Warranties: Offer guarantees or warranties for your products or services, where applicable.
Compliance with Legal Metrology (Packaged Commodities) Rules
Adhere to The Legal Metrology (Packaged Commodities) Rules, 2011, as amended or substituted from time to time.
Compliance with Rule 6 (10):
Ensure that your products or services listed on the Plactive Platform comply with Rule 6 (10) of the Legal Metrology (Packaged Commodities) Rules, 2011.
Label Declarations:
Display all required product label declarations on the Plactive Platform as stipulated under Rule 6 (1) of the Legal Metrology (Packaged Commodities) Rules for consumer review.
Responsibility for Non-Compliance:
You are solely responsible and liable for any legal repercussions arising from non-compliance related to your products or services listed on the Plactive Platform.
Indemnification:
You shall indemnify and keep indemnified Plactive Private Limited for all direct and indirect losses, damages, fines, penalties, and other costs incurred or suffered by Plactive Private Limited. This includes any losses or costs imposed by government offices or authorities due to your unlawful acts, failure to comply with lawful requirements, or negligence concerning your products or services listed on the Plactive Platform.
Plactive may share your information with brands, government authorities, or other authorized personnel in cases of non-compliance with applicable laws and Plactive’s policies or this Terms of Use. Plactive also reserves the right to share information related to product images, descriptions, seller details, and other relevant information to protect customers from counterfeit products under its Brand Protection Initiative.
ENTIRE AGREEMENT
These Terms, Policies, Privacy Policies and any policies or operating rules posted by the Company on the Application constitute the entire agreement and understanding between the Users and the Company with respect to the Application, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the Company.
WAIVER
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Providing Accurate Information
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasise the attributes of such items or services so as to mislead other users on the Platform in any manner.
TRADEMARK COMPLAIN
Plactive respects the intellectual property rights of others. If you believe that your trademark has been infringed, please contact us at . (Create a link for this)
COPYRIGHT COMPLAINT
Plactive respects the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, you can write to us at . (Create a link for this)
TRADEMARK, COPYRIGHT, AND RESTRICTIONS
The Plactive platform is controlled and operated by Plactive, with products sold by respective registered Sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Plactive’s or other Sellers’ material in any way, including by email or other electronic means. Additionally, you must not assist any other person in doing so. Modification or use of the material on any other website, networked computer environment, or for any purpose other than personal, non-commercial use, without the prior written consent of the owner, is prohibited and constitutes a violation of copyrights, trademarks, and other proprietary rights. Any use for which you receive any remuneration, whether monetary or otherwise, is considered commercial use for the purposes of this clause and is strictly prohibited.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PLACTIVE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF PLACTIVE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
JURISDICTIONAL ISSUES / SALE IN INDIA ONLY
Unless otherwise specified, the material on the Plactive platform is presented solely for the purpose of sale in India. Plactive makes no representation that the material on the Platform is appropriate or available for use in other locations or countries outside of India. Those who choose to access the Platform from locations or countries outside of India do so on their own initiative. Plactive is not responsible for the supply of products or refunds for products ordered from locations or countries outside of India, nor for compliance with local laws, if and to the extent local laws are applicable.
AUDITS POLICY
Plactive reserves the right to inspect and audit the records and premises or place of business of its sellers. These audits may be conducted by Plactive itself or by third-party testing agencies approved by Plactive. The cost of the audit will be covered by Plactive unless the audit reveals discrepancies in the seller’s accounts or non-compliance with Plactive’s seller policies. In such cases, the seller will be responsible for the audit costs.
ANTI-CORRUPTION POLICY
Compliance with Law and Policy: Sellers agree to fully comply with Plactive’s Anti-Corruption Policy all applicable anti-corruption laws and regulations of India. Sellers and Plactive agree that in their performance under this Agreement, they will not directly or indirectly offer, promise, give, or authorize the giving of anything of value, or offer, promise, make, or authorize any bribe, facilitation payment, or other improper or unlawful payment to any government official, political party, or candidate for public office to obtain or retain business, gain any unfair advantage, or influence any act or decision of a government official.
Certification of Compliance: Sellers agree to certify their compliance with applicable anti-corruption laws and regulations by executing a form supplied by Plactive for this purpose, either annually or when otherwise requested by Plactive.
Right to Audit and Obligation to Cooperate: Sellers shall maintain accurate books, records, and accounts that clearly reflect their transactions and disposition of resources or assets in connection with this Agreement. Sellers agree that Plactive has the right to audit such transactions at any time and upon reasonable notice. Sellers agree to (1) provide assistance and cooperation in any investigations involving Plactive and the Seller, and (2) submit to due diligence re-screening when requested by Plactive.
Training: Sellers agree that their employees, affiliates, and other representatives responsible for their performance under this Agreement will participate in Plactive’s anti-corruption training if requested by Plactive.
Subcontractors: Sellers must obtain prior written authorization from Plactive before engaging any subcontractor to perform any services under this Agreement that require interaction with any government entity or official on Plactive’s behalf.
Right to Terminate: If Plactive reasonably suspects that a Seller has engaged in conduct violating the Policy or any applicable anti-corruption laws or regulations, Plactive may immediately suspend payment pending the issue’s resolution. If Plactive determines that the Seller violated the Policy or any applicable anti-corruption laws or regulations, Plactive may terminate the Agreement. Plactive may also suspend payment and suspend or terminate the Agreement if the Seller does not comply with the ongoing anti-corruption compliance obligations set forth in this Agreement or if the Seller does not successfully complete due diligence re-screening.
Form of Payment: All payments made by Plactive to the Seller pursuant to this Agreement shall be made only after receipt by Plactive of an invoice detailing the products or services for which the Seller is seeking payment. All payments under this Agreement shall: (i) be made solely by check or 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 functional currency; and (iii) not be in cash or bearer instruments.
Obligation to Provide Information: If the Seller proposes to materially change ownership or management, or if its current shareholders or partners transfer control of the Seller to a third party, or if a third party assumes control of the Seller, the Seller must notify Plactive within thirty (30) days of such change in writing. In such cases, the Seller may be resubmitted through Plactive’s due diligence and approval procedure for third-party intermediaries. The Seller agrees to provide timely information to Plactive regarding any changes to the representations made in this Agreement.
No Government Interaction: Sellers agree that neither they nor any of their employees, agents, representatives, or associated persons are authorized to engage or interact with any government entity or official on behalf of Plactive, directly or indirectly, in any transaction or business activity for any purpose, including but not limited to obtaining a permit, license, or other type of authorization, whether at a local, regional, or national level. If any interaction with a government entity or official is required in relation to the Seller’s engagement with Plactive, the Seller shall obtain prior written authorization from Plactive before proceeding with the engagement or interaction.
ADVERTISING, SOLICITATION, AND CONTENT RESPONSIBILITY
You are prohibited from using the Platform to advertise or solicit other Sellers to buy or sell products or services, including those similar to or related to the content displayed on the Platform. Additionally, you must not send chain letters, unsolicited commercial messages, or junk email to other users.
It is a violation of these Terms of Use to use any information obtained from the Platform to harass, abuse, or harm others, or to contact, advertise to, or solicit individuals who have not chosen to engage with you.
We reserve the right to disclose any information, including the identities of individuals who provide information or materials on the Platform, as necessary to comply with legal requirements or governmental requests. This includes disclosing information for investigating alleged illegal activities or responding to court orders or subpoenas. You expressly authorize us to disclose any information about you to law enforcement or other government officials as deemed necessary to investigate or resolve potential crimes, especially those involving personal injury.
While we may monitor content posted on the Platform, we are not obligated to do so. We reserve the right to remove any content that we believe violates applicable laws or these Terms of Use. You remain solely responsible for the content you post and your communications with Buyers and other Sellers. Such content does not reflect our views, and we assume no responsibility or liability for any content posted or for any claims, damages, or losses arising from its use.
You warrant that you have the necessary rights to all content you provide and that such content does not infringe on any third-party rights or contain any misleading, defamatory, tortious, or otherwise unlawful material.
You are prohibited from using the Platform to advertise or solicit other Sellers to buy or sell products or services, including those similar to or related to the content displayed on the Platform. Additionally, you must not send chain letters, unsolicited commercial messages, or junk email to other users.
It is a violation of these Terms of Use to use any information obtained from the Platform to harass, abuse, or harm others, or to contact, advertise to, or solicit individuals who have not chosen to engage with you.
We reserve the right to disclose any information, including the identities of individuals who provide information or materials on the Platform, as necessary to comply with legal requirements or governmental requests. This includes disclosing information for investigating alleged illegal activities or responding to court orders or subpoenas. You expressly authorize us to disclose any information about you to law enforcement or other government officials as deemed necessary to investigate or resolve potential crimes, especially those involving personal injury.
While we may monitor content posted on the Platform, we are not obligated to do so. We reserve the right to remove any content that we believe violates applicable laws or these Terms of Use. You remain solely responsible for the content you post and your communications with Buyers and other Sellers. Such content does not reflect our views, and we assume no responsibility or liability for any content posted or for any claims, damages, or losses arising from its use.
You warrant that you have the necessary rights to all content you provide and that such content does not infringe on any third-party rights or contain any misleading, defamatory, tortious, or otherwise unlawful material.
You shall not engage in advertising or solicitation of other Sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired / via the Platform. It shall be a violation of the Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you.
You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and / or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and / or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the material posted on the Platform. Plactive shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Plactive’s views. In no event shall Plactive assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and / or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
It is possible that other users (including unauthorised persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorised uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
Rights to Take Action: Plactive reserves the right to take necessary action and claim damages resulting from your involvement or participation, whether individually or as part of a group, in any Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks, whether intentional or unintentional.
Plactive and/or its affiliates may occasionally, in partnership with third-party sponsors, organize promotional campaigns on the Platform for the benefit of Customers and Sellers. Third-party sponsors may establish objective qualifying criteria to identify Sellers eligible for campaign benefits. All Sellers who meet these criteria will be automatically enrolled and can avail themselves of the campaign benefits. Sellers who do not meet the criteria may choose to participate by expressly opting in. If a Seller opts into a promotional campaign they are ineligible for, to enhance their sales, they will bear the cost of such campaigns, if any, limited to the sales of their products. For clarity, some Sellers may qualify while others may not, based on the specific qualifying criteria of each campaign. Please refer to the campaign communications or notifications for more details as provided from time to time.
Compliance with Policies: You must adhere to all policies provided by Plactive to ensure ethical operations. Under no circumstances should you engage in any cartel or similar arrangement that might influence pricing or sales on our platform.
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, and other material or information (collectively “Content”) are third-party generated and Plactive has no responsibility or liability over such third-party generated Content as Plactive is merely an intermediary for the purposes of this Terms of Use. Except as expressly provided in the Terms of Use, 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 Plactive’s prior written consent.
You may use the information on the products and services made available on the Platform for downloading provided you:
Do not remove any proprietary notice language in all copies of such Content;
Use such Content only for personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it to any media;
Make no modifications to any Content; and
Do not make any additional representations or warranties relating to the Content.
You shall be responsible for the Content posted or transmitted on the Platform by you. You grant Plactive non-exclusive, worldwide, perpetual, royalty-free, and transferable rights in such Content. Plactive shall be entitled to, consistent with its privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any 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 works. You agree that any Content you post may be used by Plactive, consistent with this Terms of Use, and you are not entitled to any payment or other compensation for such use.
Customer Data Protection
You must use customer’s personal data solely for the purposes of the specified transaction and in accordance with the authorization from Plactive and the customer. This personal data must be kept confidential and secure, and it should be deleted once the warranty period ends. You are prohibited from using customer data for any unauthorized purposes.
Entire Agreement
This Terms of Use and its annexures constitute the entire agreement between the parties regarding the subject matter addressed herein. It supersedes and nullifies all previous agreements and understandings, whether oral or written, related to this subject matter. The terms of this may be modified, amended, varied, or waived as required by Plactive.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Application, exclusively be subject to the jurisdiction of the courts at Jaipur, Rajasthan, India.
CONTACT INFORMATION
Questions about the Terms should be sent to us at
POLICIES
Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the Application from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.
NOTICES
All notices or demands to or upon the Company shall in writing and shall be deemed to be duly made when sent to Plactive Private Limited, Office No. 406, 4th Floor, Shree Amar HeightsPlot No. E10 – E33, Nirman Nagar, Ajmer Road, Jaipur- 302021
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.
MISCELLANEOUS
Headings for any section of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The Company shall have the right to assign its obligations and duties in these Terms to any person or entity.
All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded.
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. Vikas Sharma
Plactive Private Limited,
406, 4th Floor, Shree Amar Heights,
E11-E33, Main Ajmer Road,
Jaipur 302019 Rajasthan India.
Email: (Legal, Patent, Copyright, Trademark)
Email: (Courier, Payment, Delivery, Claim etc.)