Terms and Conditions
E-Q’ZEEN INC. BUYER TERMS AND CONDITIONS
1. ‘BUYER ACCOUNT’ AND ‘USER ACCOUNT’ REGISTRATION
A registered firm/firm/organization gets a Buyer Account with E-Q’zeen Inc. once a user associated with the firm/organization registers the business and creates the first business user account associated with the said firm/organization. That user can invite others to be part of the firm/organization's Business Account. Each additional user that makes the purchase or acts on behalf of the business and joins the firm/organization's Buyer Account must create a new user account that is part of and associated with the firm/organization's Buyer Account. Buyer Accounts and Buyer user accounts are intended for businesses and business-related firm/organization and should be used solely for business purposes. To create a Buyer user account, users must use a valid email address. Unless explicitly permitted, a user may only create one account per email address. If a user creates a Buyer user account using the email address and password connected to an existing E-Q’zeen Inc. buyer account, the user must either (a) change the email address and password associated with the existing account, Once you complete the Buyer Account registration and verification process, your firm/organization will be registered as a Buyer on Buyer Account.
2. REGISTRATION FEES. Registration as a buyer on the Website is free. E-Q’zeen Inc. does not charge any fee for browsing and buying on the Website. E-Q’zeen Inc. 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 E-Q’zeen Inc. 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 this 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 and be payable to E-Q’zeen Inc. within such time as specified in the invoice.
3. BUYER ACCOUNT MANAGEMENT
If you use the Website as Registered Buyer, you are responsible for all activities that occur under your firm/organization's Buyer Account and any associated business user accounts, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). Except to the extent caused by our breach of these Terms, we and our affiliates are not responsible for unauthorized access to your Buyer Account or business user accounts. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your Buyer Account or associated business user accounts in accordance with these Terms) and are solely responsible for any use or action taken under your password. You will contact us immediately if you believe an unauthorized third party may be using your Buyer Account or associated business user accounts or if the Buyer Account or any business user account information is lost or stolen. On the other hand, You agree, to:
1). Provide true, accurate, current and complete information about yourself as prompted by E-Q’zeen Inc.’s registration form or provided by You as Guest User (such information being the "Registration Data")
2). You must not include any of your contact details such as email addresses etc. in your User ID while registering as Registered User.
3). Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or E-Q’zeen Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, E-Q’zeen Inc. has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You agree that E-Q’zeen Inc. is in no way responsible for, and will have no liability arising from, the disclosure of the information of your firm/organization or any associated business user accounts to any user associated with your firm/organization.
E-Q’zeen Inc. disclaims all liability for, and you are solely responsible for, any actions taken or purchases made prior to closing, disabling or removing the user's business user account from the firm/organization's Business Account.
4. BUSINESS AND ORDER VERIFICATION
At times, we may require additional verifications or information before accepting any order. We also may use your business name, address, TIN and any other information you provide about your firm/organization or users or that we may request or determine is necessary to verify accuracy and eligibility for E-Q’zeen Inc. Business. We may make, directly or through third parties, inquiries to validate information that you provide to us. We may accept or refuse use of E-Q’zeen Inc. Business at our discretion and may modify purchasing rights or privileges at any time. We may share any information or documents you provide with third-party vendors that offer certain E-Q’zeen Inc. Business features for verification purposes.
5.ORDERING ON THE WEBSITE:
1. The buyer may place the order on the Website by providing the detailed information as required and submitting the Order.
2. In case of a rejection or rejection by the Logistics Partner, buyer will be notified within 24 hours of the rejection.
4. In the event that the Order is accepted, we will raise a Proforma Invoice (PI) which shall contain the final total amount for the product price payable in INR. The final charges towards shipping, freight, octroi, and any other logistics charges shall be provided by the Logistics Partner and shall be payable by the buyer in INR prior to or at the time of delivery.
5. The total amount mentioned in the Proforma Invoice shall be inclusive of the E-Q’zeen Inc.’s charges, if any.
6. Buyer will make the payment within three business days from the date of communication of the acceptance of Order to the buyer and share the proof of payment with E-Q’zeen Inc.. If the proof of payment is not received within three business days as stated above, E-Q’zeen Inc. have an option to cancel the Order.
6. Orders, once confirmed cannot be cancelled, except in accordance mentioned below.
The buyer may cancel the Order prior to the payment and not thereafter.
In case of Logistic Partner Cancellation, the entire payment received from the buyer will be refunded within 3 business days of the cancellation.
6. DISCLOSE INFORMATION TO PROCUREMENT NETWORK
If you use a third-party procurement service provider in connection with your Buyer Account, E-Q’zeen Inc. may be required to disclose to the information necessary for the third-party procurement service provider to fulfill its obligation to you, including, without limitation, information regarding you, your employees or agents (including those with associated with your Business User Accounts), and your orders. You understand and acknowledge that this information will be governed by the third-party procurement service provider's privacy, data and security policies. You hereby consent to E-Q’zeen Inc.'s sharing such information with the third-party procurement service provider and agree that E-Q’zeen Inc. is not responsible for and will have no liability arising from E-Q’zeen Inc.'s disclosure of or any use of such information by the Procurement Networks.
E-Q’zeen Inc. is not responsible for any services provided by the third-party procurement service provider who may be engaged by the buyer. You will be responsible for any approvals of E-Q’zeen Inc. orders, verification of shipping addresses and any disputes regarding orders, and you agree that E-Q’zeen Inc. will have no liability arising in any way from your use of the third-party procurement service provider, including, but not limited to, any unauthorized charges you or your employees or agents incur.
7. REPRESENTATIONS, WARRANTIES AND AGREEMENTS
You represent, warrant and agree to the below:
(a) You are using E-Q’zeen Inc. Business for business purposes and you agree that you will not purchase any products from E-Q’zeen Inc..com for individual, personal, family or household use;
(b) Your firm/organization is duly organized, validly existing and in good standing in the jurisdiction in which your firm/organization is registered;
(c) The user entering into these Terms on behalf of your firm/organization has all necessary legal authority to bind you to these Terms;
(d) Users have all requisite rights, power, and authority to enter into these Terms, perform all applicable obligations, and grant the rights and authorizations in these Terms;
(e) Each Buyer hereby acknowledges that although E-Q’zeen Inc. tries its best to provide the Buyer with accurate information and listings posted, and do general verifications of the products, there are still risks associated with purchasing from parties online. Therefore, we encourage you, the users of the Site, to use relevant tools available, reasonable judgment and common sense when making a deal online.
(f) You and all your subcontractors and agents will comply with all applicable laws, rules, regulations, codes, orders and other requirements of governmental agencies (“Laws”) in your performance of your obligations and exercise of your rights under these Terms and with your purchase and use of any products from E-Q’zeen Inc..
(g) All users who use business features or purchase on behalf of your firm/organization are authorized to do so and all purchases made by these users are authorized purchases of your firm/organization;
(h) All users, unless authorized by E-Q’zeen Inc., will not use any product purchased from E-Q’zeen Inc. in connection with an Union, or to fulfill state, or local government contract or subcontract, if doing so could subject E-Q’zeen Inc. to any term, condition, obligation or other provision different from or in addition to the provisions of these Terms;
(i) You will use any products purchased from E-Q’zeen Inc. as intended by the manufacturer and in compliance with all product information provided by the manufacturer;
(j) E-Q’zeen Inc. shall not be liable for any violations of law arising from your purchase of products on our site, by your export/reselling of those products, use of those products, your legal status or otherwise. In no event shall E-Q’zeen Inc. be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement (l) Under no circumstances, a Buyer is not an agent of E-Q’zeen Inc. and agree to comply with the applicable provisions of the Indian Prevention of Corruption Act, 1988 or any such similar law governing the People’s Republic of China.
8. E-Q’ZEEN INC. BUYER PROTECTION: We will strive hard to ensure that all the products you buy from our website, are sold at the best prices possible. No doubt, we also endeavour that we offer all the warranties, guarantees as entailed by the product and the manufacturing brands and the best customer service in the industry.
9. PAYMENTS & PAYMENT SCHEDULES
1. Buyers shall make Payments for items purchased on the Website in the medium required by us. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between us (E-Q’zeen Inc. and Buyer). The payment facility is merely used by buyers to facilitate the completion of transactions. Use of the payment facility shall not render E-Q’zeen Inc. liable or responsible for after-sales or warranty services or fraud as regards the products and/or services listed on the Website.
2. The payment shall be made in INR for Orders received within India.
3. The buyer shall share the proof of payment with E-Q’zeen Inc. within 3 business days from the time of receipt of the confirmation of the Order.
4. The buyer shall pay the E-Q’zeen Inc. in the preferred payment mode.
5. Any non-payment by the buyer within the designated time shall be deemed to be a cancellation of the Order.
6. Payment to the Logistics Partner for shipping and duty shall be made by the buyer in the medium preferred by the Logistics Partner in Indian Rupees (INR) prior to or at the time of the Logistics Partner delivering the products to the buyer.
9. Taxes: Buyers are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, etc. levied thereon.
12. ACCESSES AND LICENCES
Subject to your compliance with these terms,, E-Q’zeen Inc. or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and use E-Q’zeen Inc. Business solely in accordance with these Terms. This license does not include the right to resell any E-Q’zeen Inc. Business feature; any collection and use of any product listings, descriptions, or prices; any derivative use of E-Q’zeen Inc. Business; any downloading or copying of E-Q’zeen Inc. Business information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by E-Q’zeen Inc. or its licensors, suppliers, publishers, rights holders, or other content providers. No feature or part of E-Q’zeen Inc. Business may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of E-Q’zeen Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of E-Q’zeen Inc. without express written consent. You may not use any "hidden text" utilizing E-Q’zeen Inc.'s name or trademarks without the written consent of E-Q’zeen Inc.. You may not misuse E-Q’zeen Inc. Business identity. You may use E-Q’zeen Inc. Business only as permitted by law. The licenses granted by E-Q’zeen Inc. terminate if you do not adhere to these governing Terms.
13. ABOUT OF THE WEBSITE
13.1. As a Buyer, you understand and agree that E-Q’zeen Inc. and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. E-Q’zeen Inc. 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. E-Q’zeen Inc. has no complete control over the third party vendor generated contents. "Your Information" is defined as any information you provide to us or other users of the Website ("Buyers") in the registration (as Registered Buyer Account or as Buyer User Account), buying process, in the feedback area or through any e-mail exchange. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
13.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the below binding principles and shall be governed by the Information Technology (Intermediaries guidelines) Act 2011.
You agree to indemnify, defend and hold E-Q’zeen Inc. and our affiliates, officers, directors, employees, representatives and agents against all losses, claims, liabilities, damages, costs and expenses, including attorneys’ fees arising from
(a) Your use of the website and any breach of the Terms thereof,
(b) any unlawful or improper use by anyone of any product ordered by you, or
(c) your negligence or wilful misconduct. If at any time we reasonably determine that any indemnified claim might adversely affect us, we may take control of the defence at our expense. You may not consent to any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. Under no circumstances shall E-Q’zeen Inc. be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties
15. PRODUCT INFORMATION; PRODUCT COMPLIANCE AND SUITABILITY
We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
E-Q’zeen Inc. does not guarantee compliance or suitability of products with any Laws, nor does E-Q’zeen Inc. accept responsibility for installation and/or use of a product. It is your responsibility to review the product application and all applicable Laws for each relevant jurisdiction to be sure that the installation and/or use involving the products comply with applicable Laws.
16. E-Q’ZEEN INC. SITE AND FEATURES
16.2 BUSINESS PRICING. We may provide you access to discounts for business customers. In these instances, the available price on the detail page will reflect this discount. You agree that any business pricing or discounts that E-Q’zeen Inc. provides to you are the confidential and proprietary information of E-Q’zeen Inc.. You agree not to manually copy or use any data mining, scraping, or similar data gathering and extraction tools with respect to such pricing or discounts.
17. FEEDBACK We encourage Registered buyers on the Website to provide feedback after the transaction has closed, this helps all Users to know what it is like to deal with us. After you conduct a transaction, if applicable, we encourage you to leave feedback for the product. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. We will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
E-Q’zeen Inc. makes no warranty or representation concerning the accuracy of product information provided and our sole liability for any losses or damages by you arising from any inaccuracy in the product information will be limited to reimbursement of the price paid for that product. E-Q’zeen Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or non-infringement of intellectual property rights to the fullest extent permissible by applicable law. E-Q’zeen Inc. also disclaims any liability for claims arising out of misuse, improper selection, improper installation, modification or misapplication of the product.
20. LIMITATIONS OF LIABILITY
Under no circumstances will E-Q’zeen Inc. be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on E-Q’zeen Inc., even if E-Q’zeen Inc. has been advised of the possibility of such damages. E-Q’zeen Inc.'s liability in all events is limited to the purchase price paid for the product that gives rise to any liability.
21. ENTIRE AGREEMENT
The terms and conditions in these Terms, the E-Q’zeen Inc..com Conditions of Use, the E-Q’zeen Inc..com Privacy Notice, and any applicable terms, conditions, policies, requirements or limitations contained on the E-Q’zeen Inc..com website constitute the exclusive and complete agreement between E-Q’zeen Inc. and you. E-Q’zeen Inc. will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms or which may be in any order, receipt, acceptance, confirmation, correspondence or other document.
Any purchase order (PO) number or other internal information particular to your firm/organization that is provided by a user during the purchasing process is provided only for your internal purchase tracking. E-Q’zeen Inc. doesn't agree to terms, conditions, obligations, or provisions that are different from or added to these Terms and the policies and information on the E-Q’zeen Inc..com website.
22. AGREEMENT CHANGES
From time to time E-Q’zeen Inc. may in our discretion change these Terms, and Conditions of Use and Privacy Notice, or any aspect of E-Q’zeen Inc. Business, without notice to you, E-Q’zeen Inc. may also choose at its sole discretion to add or remove benefits or features of E-Q’zeen Inc. Business. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued use of E-Q’zeen Inc. business service after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your buyer account and business user account/s.
23. BUYER ACCOUNT TERMINATION
The term of these Terms will begin on the date you click to accept it and will continue until you or we terminate it. We may terminate these Terms and access to your Business Account, business user account or use of any business features at our discretion with or without notice. You are entitled to terminate these Terms by giving us notice and closing your account. Upon termination, all rights and obligations under these Terms will automatically terminate except for any right of action occurring prior to termination, payment obligations, and obligations that are intended to survive termination, including, without limitation, Sections 4 – 18 of these Terms.
24. FORCE MAJEURE
We will not be liable for any delays in delivery or failure to perform any of our obligations under these Terms by reasons, events or other matters beyond our reasonable control.
25. CONFIDENTIALITY; PUBLICITY
You will (a) protect and not disclose information made available by us that is identified as confidential or that reasonably should be considered confidential; (b) use this information only for internal purposes and in connection with your use of Business Accounts; and (c) destroy or return all such information to us promptly when the Terms terminate (and, upon request, confirm such destruction in writing). This section covers all confidential information regardless of when you receive it. Unless you have received our express written permission, you will not otherwise use any trademark, service mark, commercial symbol or other proprietary right of ours, issue press releases or other publicity relating to us or these Terms, or refer to us in promotional materials.
26. SUGGESTIONS AND FEEDBACK
Buyers can choose to make any suggestions/comments, provide ideas for improvements, or other feedback related to your Buyer account Accounts (including any technical aspects). We reserve the right to use, disclose, reproduce, modify, license, transfer and distribute any of the provided information or materials at our own discretion.
We encourage registered buyers on the Website to provide feedback to us after the transaction has been completed. This will help other buyers to choose the right product when they transact or make a purchase. However, please remember that you cannot reverse the feedback once you have submitted it. Your feedback will be displayed along with your user ID. E-Q’zeen Inc. will be in no way responsible for the feedback that you submit on the Website and hence, you should be cautious in making comments that are not factual and they should not contain any illegal, defamatory and offensive/obscene contents.
Your use of Business Accounts is subject to the disputes and applicable law provisions of the Conditions of Use, which are incorporated by reference.
The parties to these terms are independent contractors. These Terms do not create any third party beneficiary rights in any individual or entity that is not a party to these Terms. You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our affiliates. Our failure to enforce your strict performance of any provisions of these Terms will not constitute a waiver of our right to enforce such provisions or any other provision of these Terms subsequently. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. In the event of any conflict between these Terms and the Conditions of Use, these Terms will prevail.