Seller Terms and Conditions :
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Platform and the features therein is governed by the following terms and conditions including applicable policies available on the Platform, notifications, and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with Ellocart, and these terms and conditions including the policies constitute your binding obligations to Ellocart.
Seller Eligibility :
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. 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 use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Ellocart reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Ellocart notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the terms and you have the authority to bind the business entity to the terms.
Your Account and Registration Obligations :
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining the confidentiality of this information, as well as your display name, login, and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the terms, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
Seller Account Deactivation :
As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions that have been made prior to his closure request and this will be available to the said seller for downloading payment and taxation reports, if required. After 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by Ellocart at all times, such as registered mobile number, registered email ID, GSTIN, and other transaction-related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the sellers in the future. If a the seller decides to commence his business with Ellocart again, he/she will not be able to create a new account but the older account can be restored if it is required.
When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Use of the Platform
You agree and understand that Ellocart and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised/listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Ellocart shall bear no responsibility or liability in relation to or arising out of third party user-generated content. Ellocart neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Ellocart is merely an intermediary and does not interfere in the transaction between buyers and sellers.
Compliance on the selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Ellocart shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on the net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Ellocart to correspond with the relevant authorities, and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing. In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.
You shall also be required to provide your GSTIN, without which we will not be able to raise an invoice for you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account. In the event of you providing your Input Service Distributor Registration Number, Ellocart would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
You agree and undertake that You shall not, at any time, purchase more than 25% of your inventory (in terms of annualized value in a financial year), purported to be sold on the Platform, from Ellocart or its Group Companies. Group Company shall have the meaning as per the extant Foreign Direct Investment Policy of India. We may require you to provide certification (including auditors certificate) to confirm compliance with this requirement.
We do not mandate that any of your Products should be sold exclusively on the Platform. As per Section 194-O of the Finance Act, 2020, Ellocart will deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Platform at 0.75% from October 1, 2020 to March 31, 2021, and at 1% thereafter.
Ellocart respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Ellocart at email@example.com.
Copyright complaint :
Ellocart respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Ellocart at firstname.lastname@example.org or raise an incident from your seller dashboard
Trademark, Copyright and Restriction :
The Website is controlled and operated by Ellocart and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Ellocart’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Please send any comments or questions, including all inquiries not related to trademark and copyright infringement, by raising an incident from your seller dashboard.
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Sunraise Websolutions Pvt Ltd,
5th Floor S.A. Towers 68-20-3/4,
Avenue Colony Road Above Sasi School,
Lalacheruvu, Gandhipuram, Rajahmundry, Andhra Pradesh 533101