Consumer Product Square ("CProSquare", “we”, “us” or “our”), owned and managed by Detatech Computer Services, Mumbai, India welcomes you.. We provide you access to our services (our “Services”) through our website located at www.cprosquare.com (the “Site”) subject to these Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas of the Site or by accessing and using our Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then you are not permitted to use the Site.
We provide Visitors and Registered Users with access to the Site as described below.
Visitors: Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) view all content and access all publicly- available features and functionality on the Site; (ii) interact with Registered Users of the Site; (iii) subscribe to CProSquare communications, alerts, and other notifications; and (iv) contact us.
Registered Users: Registered Users can do all the things that Visitors can do, and: (i) access non- public features and functionality available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on the Site; (iii) post comments, reviews, and other content on the Site and/or interact with other Registered Users of the Site (all content and information provided in connection with the foregoing is collectively referred to herein as “Registered User Content”; and (iv) purchase or sell third-party products through the Site (“Products”). A Registered User may be either a “Buyer” or a “Seller” or a “Affiliate Store Owner”.
A “Buyer” is a Visitor or Registered User who chooses to create an account and they may send enquiry for products or services or purchase online or offline Products or Services from Sellers.
A “Seller” is a Registered User who chooses to create an account through which the Registered User may offer or sell Products or Services to Buyers.
A “Affiliate Store Owner” is a Registered User who chooses to create an account and Online Store on the website to sell Products or Services on behalf of the Seller.
Buyers may submit enquiries or requests for quotes (“RFQ’s”) for Products or Services or directly buy online the Products or Services that they are interested in purchasing.
By accessing and/or using the Site or the Services, you agree to comply with the following restrictions on use:
You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful or otherwise fraudulent purpose;
You will not upload, post, e-mail, transmit, or otherwise make available any Registered User Content that:
We have the right, but not the obligation, to review and reject or remove content that, in our sole discretion, does not adhere to these Community Guidelines. We also reserve the right, in our sole and absolute discretion, to deny you access to the Site, or to any portion of the Site, without notice.
If you wish to become a Registered User, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. CProSquare will not be liable for any loss or damage caused by any unauthorized use of your account.
The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of CProSquare (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Indian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of CProSquare (the “CProSquare Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of CProSquare. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third- Party Trademarks,” and, collectively with CProSquare Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the CProSquare Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
CProSquare respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide us with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
As noted above, the Site provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT CProSquare, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH ANY SUCH REGISTERED USER CONTENT.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sub licensees a non-exclusive, royalty-free, freely sub licensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sub licensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Site, CProSquare, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to CProSquare that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to CProSquare the license to the Registered User Content as set forth above, and that it and its use by CProSquare and third parties as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates this Agreement.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
Seller represents, warrants, and covenants that all Products (i) will conform to all purchase and delivery specifications (including the shipping policy) in the applicable Quote or Payment Request or information given on Product Page or Service Page, or otherwise provided to CProSquare or the Buyer, (ii) will be free from defects (e.g., workmanship, material, and manufacture), (iii) will be of merchantable quality, (iv) will be packaged for shipping in a manner consistent with best practices of common carriers and the shipping guidelines, and (v) will be fit for the purposes intended by CProSquare and/or the Buyer. All warranties run to the benefit of CProSquare and the Buyer. If Seller collects or access a Buyer’s Personal Information or Transaction Information, Seller shall use such Personal Information and Transaction Information solely for the purposes of processing and shipping such Buyer’s order.
Seller may be required to pay a subscription fee and/or facilitation fee to CProSquare. Upon request, Seller shall agree to the subscription fee and facilitation fee that he will either pay or CProSquare shall deduct from his account. If Seller is already a party to a separate Seller Agreement with CProSquare, then this Agreement supersedes all terms set forth in such separate Seller Agreement, except for any terms relating to fees and payment.
All Products are manufactured by the third party Suppliers, and not by CProSquare; therefore, CProSquare has no control over, and hereby disclaims any and all liability arising out of or associated with, the quality, safety, legality or efficacy of any Product. THE SITE, THE SERVICES, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICES FROM WHATEVER CAUSE OR FOR ANY DEFECTS, MALFUNCTIONS, OR FAILURE OF THE PRODUCTS, AND YOU AGREE THAT YOU USE THE CONTENT, THE PRODUCTS, THE SERVICES, AND THE SITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES, THE CONTENT OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER OR MATTER GIVING RISE TO THE CLAIM. THE SITE, INCLUDING, WITHOUT LIMITATION, PRODUCT DESCRIPTIONS, MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITE. THE SITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
The Site may contain links to third-party websites, including, without limitation, websites maintained or owned by other Registered Users (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any Registered User Content that you provide, or your access to, use, or misuse of the Content, the Services, or the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. Without limiting the foregoing, if you are a Seller, you shall also indemnify and hold harmless CProSquare against any claims, actions, loss, damage and liability (including costs and expenses) arising out of (i) actual or alleged infringement, misappropriation or violation of any third party right, including without limitation, intellectual property rights, by any of the Products; (ii) any mechanic’s liens or encumbrances imposed in connection with the Product(s) supplied; (iii) any product liability claims related to the Products, whether based on strict liability, negligence, alleged manufacturing or design defect in the Product(s), failure to warn or otherwise; or (iv) any claim brought against CProSquare by any Buyer relating to any Product or any transaction or interaction between any Buyer and Seller.
The Site is based in India. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of India. If you access or use the Site, the Content, or the Products from outside India, you do so at your own risk. Whether inside or outside India, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
In the event of a dispute arising under or relating to these Terms of Use, the Website, the Content, or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Indian Arbitration Act. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Arbitration Act. Any court in Mumbai, India may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Mumbai, India. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This Agreement and any action related thereto will be governed by the laws of India without regard to its conflict of laws provisions. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect. The following provisions will survive any expiration or termination of this Agreement: “Description and Use of Our Site,” “Restrictions on Use,” “Sign-In Name; Password; Unique Identifiers,” “Intellectual Property,” “Registered User Content,” “Communications with Us,” “Seller Representations and Obligations,” “Seller Fees,” “No Warranties; Limitation of Liability,” “External Sites,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
It is understood by Seller that any Product or Service that is sold by the Seller through the CProSquare website either by receiving online payment by using credit card, debit card, net banking etc or by receiving Offline payment such as NEFT, Paytm etc. or by receiving payment by Cash on Delivery (COD) is sold directly by the seller to the buyer. Seller shall be fully and completely responsible for fulfilling the orders he receives through CProSquare website. CProSquare is just an online platform for the sellers to showcase their products and services and get orders from the Buyers. In Offline payment and COD payment Seller will be directly dealing with the Buyer and in such a case CProSquare does not charge any facilitation fee to the Seller.
If any Buyer purchases a Product via the Transaction Engine, Seller shall, with respect to each Buyer, (i) fulfill and ship such Product directly to the Buyer in accordance with the shipping policy set forth in the Quote or the payment request associated with such purchase (“Payment Request”) or information given on Product Page; (ii) adhere to the return policy set forth in the Quote or Payment Request or information given on Product Page; (iii) comply with the terms of service and privacy policy of CProSquare’s third-party payment processor (“ccAvenue”) which can be found here: https://www.ccavenue.com/privacy.jsp and (iv) pay all third- party fees associated with Buyer’s purchase of the Product via the Transaction Engine.
CProSquare will reimburse online payments only after Buyer conveys online through the system that he has received the products or services. In Buyer does not convey within 30 days of shipping of the product, it shall be deemed that Buyer has received the product and Seller will be reimbursed his payment on submitting proof of delivery (POD).
It is understood by Buyer that any Product or Service that is bought by the Buyer through the CProSquare website either by making online payment by using credit card, debit card, net banking etc or by making Offline payment by using NEFT, Paytm etc. or by making payment of Cash on Delivery (COD) is sold by the respective seller who is using the services provided on CProSquare website to sell his products. CProSquare is just an online platform for the sellers to showcase their products and services and sell it to the Buyers. In Offline payment and COD payment Buyer will directly be dealing with the Seller and in such a case CProSquare does not charge any facilitation fee.
As consideration for any Product purchase you make through our Transaction Engine, you shall pay CProSquare the full purchase price of such Product as well as any applicable taxes (“Product Fees”). Our third-party payment processor, ccAvenue, shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the Product Fees, and you hereby consent to the same. All payments will be charged and made in Indian Rupees. By purchasing any Product, you agree to ccAvenue terms of service and privacy policy, which can be found here: https://www.ccavenue.com/privacy.jsp. You must provide current, complete, and accurate billing and credit card information in connection with each Product purchased via the Transaction Engine. You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details. All Product purchases via the Transaction Engine are subject to the return and shipping policies provided by the Seller in the applicable Enquiry / Quote or Payment Request or Product Page. Although such Product returns and any other issues with purchased Products are handled directly by the applicable Seller and in accordance with the terms set forth in the applicable Enquiry / Quote or Payment Request or information on Product Page, you also agree to fully cooperate with CProSquare in our resolution of any payment dispute you may initiate. If there is no specific terms and conditions mentioned by the Seller on the Product Page it shall be construed that there shall be no return or refund or cancellation applicable for that Product. CProSquare will reimburse payment to Seller only after you have conveyed online through the system that you have received the products or services you have bought. In case you don’t convey within 30 days of shipping of the product, it shall be deemed that you have received the product and Seller will be reimbursed his payment on submitting proof of delivery (POD).
Affiliate Store Owner can select whichever products or services that he wish to sells from his Online Store. Affiliate Store Owner should check the complete product information given on the Product Page before displaying that product for selling on his Online Store.
It is understood by Affiliate Store Owner that orders that are received from the Affiliate Online Store are fully serviced and fulfilled by the respective Seller of that product or service. CProSquare is just an online platform for Sellers to showcase products and services and sell it to the Buyers either directly or through Affiliate Stores.
CProSquare will reimburse Affiliate Commission to the Affiliate Store Owner only after Seller is reimbursed his payment. CProSquare will reimburse payment to Seller only after Buyer conveys online through the system that he has received the products or services. In Buyer does not convey within 30 days of shipping of the product, it shall be deemed that Buyer has received the product and Seller will be reimbursed his payment on submitting proof of delivery (POD).
Seller is wholly and solely responsible for the delivery of the product/s to the Buyer. Products are directly shipped to the Buyer by the respective Seller of that product. CProSquare is not involved in shipping the products. Seller shall mention his Delivery and Shipping Policy on the Product Page of each product. If the Seller has not mentioned his Shipping Policy on the Product Page we advise buyer to enquire about the shipping policy of the Seller before placing the order. If Buyer places the order for the product that does not mention any shipping policy then Buyer shall do so at his own risk.
In addition to Seller’s own return, refund, cancellation policy set forth in an Enquiry / Quote or Payment Request or Product Page with respect to any Product, Seller shall also comply with CProSquare’s instructions and requests in resolving any payment dispute initiated by Buyer. Seller acknowledges and agrees that Seller shall be responsible for all charge backs in connection with a Buyer complaint that is deemed to be valid by Seller, ccAvenue, or such Buyer’s credit card issuer.