Terms and Condition
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.
Please read the following terms and conditions very carefully as your use of service as provided on this website is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms and Conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
The domain name www.groupnpay.com (hereinafter referred to as "Website"), is owned by INFOCAREER PVT LTD., ("ICPL"), an Indian Company, having its registered office at 1000, 74th Street, 12th Sector, K.K. Nagar, Chennai, 600078, India (hereinafter referred to as "GNP" or "Website").
For the purpose of these Terms and Conditions, wherever the context so requires "You" or "User" shall mean any natural or legal person, who has agreed to become a member of the Website of ICPL, by providing Registration Data, while registering on the Website as a Registered User, using the computer systems. ICPL allows the Registered User to use the services of the Website, to form Groups with other registered members of the Website and perform transactions on the Website. The term span "We", "Us", "Our" shall mean ICPL.
1. Services of the website
1.1 ICPL provides the website www.groupnpay.com, as a platform, to facilitate formation of a Group (hereinafter referred to as Buyer Group), among the registered Users of the Website www.groupnpay.com and to initiate a connection between the Buyer Group and a registered Seller, for a possible commercial transaction between the Buyer Group and the Seller.
1.2 The primary role of ICPL is to act as a facilitator for the formation of Buyer Group, and establish a connection between the Buyer Group and the registered Seller, through the website www.groupnpay.com, for a possible commercial transaction.
1.3 The Buyer Group establishes a connection with a desired registered Seller through the www.groupnpay.com and enters into a commercial contract with the selected Seller, on their commercial transactions with the Seller, in their individual capacities and on the terms and conditions, as mutually agreed between the members of the Buyer Group and the Seller.
2. Membership Eligibility
2.1 Use of the Website www.groupnpay.com is available only to those persons and individuals (no legal entities), who can form legally binding contracts, in their personal and individual capacity, under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, include minors, un-discharged insolvents etc., are not eligible to use the services of the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a User of the Website www.groupnpay.com and shall not transact on or use the services Website www.groupnpay.com. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website www.groupnpay.com. ICPL reserves the right to terminate your membership and/or refuse to provide you with access to the Website www.groupnpay.com, if it is brought to ICPL's notice or if it is discovered that you are a minor.
3. Registration of Individual Account and Formation of Buyer Group
3.1 In order to utilize the services of the Website www.groupnpay.com, You are required to register with the Website www.groupnpay.com, in your individual capacity, by providing your personal details as indicated on the Website.
3.2 You will be required to enter a valid phone number while transacting with the Seller on the Website. By registering Your phone number, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
3.3 If You use the services Website www.groupnpay.com, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password.
3.4 In order to utilize the services of the Website www.groupnpay.com, you are required to choose the desired merchandise that is offered by a Seller and form a Buyer Group with other registered users/members of the Website, who desire to purchase that particular type of merchandise from the particular Seller.
3.6 ICPL shall also reserve the right to initiate other suitable actions including legal actions, against such offending and impermissible actions.
4.1 When You use the services of the Website www.groupnpay.com or send emails or 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 and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
5. Commercial and Contractual Terms
5.1 All commercial/contractual terms on the transactions conducted through the Website www.groupnpay.com are offered by and agreed to between the members of the registered Buyer Group and Seller. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
5.2 Commercial/contractual terms on the transactions conducted through the Website www.groupnpay.com are offered by and agreed to between the registered members of the Website www.groupnpay.com and Sellers.
5.3 ICPL 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 Buyers and Sellers.
5.4 ICPL does not undertake any responsibility or liability, whatsoever, for the commission or non-commission of act(s) by Sellers or Buyers, while doing transactions through the Website, since ICPL is only a facilitator and the Buyers and Sellers shall use their due diligence in entering and concluding the transactions between or among them.
5.5 Buyers must exercise their due diligence in ascertaining the price, quality and quantity of products as offered by the Sellers and ICPL shall under no circumstances can act as mediator or guarantor for the transactions between Sellers and Buyers and ICPL shall not indemnify any loss of money or damage to goods, occurred to either Sellers or Buyers while transacting through the Website.
5.6 ICPL does not promote, advertise or vouch for the nature of products that are offered by the Sellers for sale through the Website.
5.7 You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Sellers.
5.8 You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and/or services from the Seller using the Payment Facility of the Seller, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
5.9 You, as a Buyer, understand that any claim for refund of transaction prices shall be made to the Seller only and the refund shall be subject to policies of the Seller. ICPL is not responsible, in any manner, for the refund of money, exchange or return of goods.
The Website www.groupnpay.com facilitates Payment Facilities that are operated by reliable and reputed service providers. However, it is the duty of the users to verify the credentials of the Payment Facilities, before transacting any commercial operations through them. You as a Buyer understand that ICPL is not responsible, in any manner, for the commercial transactions performed through the Payment Facilities.
7. Representations, Warranties, Indemnities and Disclaimers
7.1 ICPL does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. ICPL does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. ICPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
7.2 ICPL is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers, through the Website.
7.3 ICPL cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website.
7.4 ICPL shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
7.5 ICPL does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users or members. You are advised to independently verify the bona fide of any particular User or member that You choose to deal with or form a Group on the Website and use Your best judgment in that behalf.
7.6 The Website is only a platform that can be utilized by the Users to form a Group to buy and sell products or services at discounted prices. ICPL is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall ICPL hold any right, title or interest over the products nor shall ICPL have any obligations or liabilities in respect of such contract. ICPL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back-ordered.
7.7 You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
7.8 Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
7.9 You release and indemnify ICPL 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 Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ICPL cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
7.10 Your correspondence or business dealings with Sellers, through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Seller. ICPL shall not be responsible or liable for any loss, damage or injury of any sort incurred as the result of any such dealings.
7.12 This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ICPL does not warrant that this Website will be constantly available, or available at all or the information on this Website is complete, true, accurate or non-misleading.
7.13 ICPL will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. ICPL does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
7.14 Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
7.16 If the quality of any products, services, information, or other material purchased or obtained by you from the Sellers through the Website did not meet your expectations, no compensation will be given other than the Return and refund or Exchange of the product, in accordance with the terms and conditions as agreed between the Seller and the Buyer. The User cannot request compensation for any reason, including but not limited to any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with Sellers or their personnel; unavailability of goods which the User tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. ICPL holds the rights to cancel orders and block accounts of such Users without any prior notice.
7.17 Disputes, if any, arising out of transactions between the Buyers and Sellers, need to be resolved between said parties alone neither ICPL nor Website www.groupnpay.com is responsible for the dispute resolution.
Membership on the Website is free for members. ICPL does not charge any fee for browsing and buying on the Website. ICPL reserves the right to change its Fee Policy from time to time. In particular, ICPL may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event ICPL reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
9. Use of the Website
9.1 You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
9.2 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and You do not have any right to use;
(b) is misleading, false, harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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;
(c) is 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;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(g) 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;
(h) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) contains restricted or password-only access pages, or hidden pages or images;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k) contains video, photographs, or images of another person (with a minor or an adult);
(l) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(n) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(o) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(q) infringes any patent, trademark, copyright, design or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(r) violates any law for the time being in force;
(s) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(t) impersonate another person;
(u) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(v) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(w) shall not be false, inaccurate or misleading;
(x) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(y) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other members;
9.3 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
9.4 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
9.5 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
9.6 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Infocareer
Private Limited (ICPL), groupNpayTM, ICPL.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ICPL or sellers on platform or otherwise tarnish or dilute any ICPL's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ICPL's systems or networks, or any systems or networks connected to ICPL.
9.7 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
9.8 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9.9 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and sale of products 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.
10. Links To Third Party Sites:
The Website may contain links to other websites. The User (Buyer) understands that the linked sites are not under the control and superintendence of the Website www.groupnpay.com or IPCL and the Website is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. www.groupnpay.com is not responsible for any form of transmission, whatsoever, received by you from any linked lite. www.groupnpay.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.groupnpay.com or the Website of the linked sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before performing any action based on such information.
11. Posting of offensive and obscene materials
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You, due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that ICPL is not responsible for such misuse of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
12. ICPL shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
13. Contents Posted on Site
13.3 You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
15. Transfer and Sale of assets
16. Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and ICPL Website.
17. Applicable Law & Jurisdiction
18. Sale in India
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. ICPL make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and ICPL is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
19. Intellectual Property Restriction
19.1 This site is controlled and operated by ICPL and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use.
19.2 You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
19.3 Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
20. Limitation of Liability
21. Profanity Policy
21.1 ICPL prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
21.2 This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title forthe item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***). Members are requested to report any violations of this policy to us for review
21.3 If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
21.4 Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
22. Right to initiate Civil and Criminal Proceedings
ICPL reserves its right to initiate civil and/or criminal proceedings against a User/Member who, files an invalid or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ICPL may at its sole discretion suspend, block, restrict, such User and disqualify that User and any related Users from availing of facilities of the Website. Any people who, knowingly and with intent to injure, defrauds or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted under law.
23. Contact Us
23.1 Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. USHA C SEKARAN
INFOCAREER PVT LTD,
SPL Sriram Nivas, # 38 Venkata krishna Road,
Mandaveli, Chennai, 600078, India
Time: Mon - Sat (9:00 - 18:00)
24.1 Assignment - You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns.
24.2 No Waiver - Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.
24.3 Severability - If any provision of this Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
24.4 Entire Agreement - This Agreement represents the entire agreement between the parties with respect to Advantage and supersedes any previous or contemporaneous oral or written agreements and understandings.
This Agreement only governs only transactions made through www.groupnpay.com. The commercial transactions with Sellers through this Website will be governed by a separate agreement, between the Buyers and Sellers