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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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.hybong.com website.

The domain name www.hybong.com (hereinafter referred to as "Website") is owned by Pmindexing Internet Private Limited a company incorporated under the Sub-Section (2) of Section 7 of the Companies Act, 2013 and Rule 8 of the Companies (Incorporation) Rules, 2014, with its registered office at 220 Bhamasi, VPO- Bhamasi, Dist. Tah. Churu, Rajasthan, India (hereinafter referred to as “HYBONG”).

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with PMIndexing Internet Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Hybong.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. HYBONG NOT allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean HYBONG OR Pmindexing Internet Private Limited.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by HYBONG Policies ((including but not limited to Privacy Policy available on /s/privacy policy) as amended from time to time.

Use of the Website is available only to persons who can form legally binding contracts under 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Hybong website and shall not transact on or use the website. 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. Hybong reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Hybong notice or if it is discovered that you are under the age of 18 years.

If You use the Website, 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. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Kindly Read Privacy Policy of Hybong.

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Hybong is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Hence forward:
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Hybong 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.
2. Hybong 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. Hybong does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Hybong accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Hybong is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Hybong cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Hybong shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. Hybong does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. Hybong does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. At no time shall Hybong hold any right, title or interest over the products nor shall Hybong have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Hybong 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. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Hybong 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 Hybong hold any right, title or interest over the products nor shall Hybong have any obligations or liabilities in respect of such contract.

Hybong 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.

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

Disclaimer: 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).

9. You release and indemnify Hybong 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, Hybong 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.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Membership on the Website is free for buyers. Hybong does not charge any fee for browsing and buying on the Website. Hybong reserves the right to change its Fee Policy from time to time. In particular, Hybong 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 Hybong 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. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Pmindexing Internet Private Limited.

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which You does not have any right to;
  • is grossly 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;
  • is misleading in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person's copyrighted work (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;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • 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;
  • engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Hybong's prior written consent means a communication coming from Hybong's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
  • solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  • interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
  • refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • harm minors in any way;
  • infringes any patent, trademark, copyright 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;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • 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, cancel bots, 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;
  • 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.
  • shall not be false, inaccurate or misleading;
  • 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.
  • 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 suppliers;
  • 2. 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.

    3. 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.

    4. 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.

    5. 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 Hybong.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Hybong or sellers on platform or otherwise tarnish or dilute any Hybong'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 Hybong's systems or networks, or any systems or networks connected to Hybong.

    6. 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.

    7. 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.

    8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hybong and / or others.

    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 (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, 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. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

    11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

    12. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

    We reserve the right, but has no obligation, to monitor the materials posted on the Website. HYBONG shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect HYBONG views. In no event shall HYBONG assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

    13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or 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 advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

    14. 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 We are not responsible for the use 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.

    15. Hybong 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).

    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Hybong has no control over such third party user generated content as Hybong is merely an intermediary for the purposes of this Terms of Use.

    Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Hybong's express prior written consent.

    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.

    You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

    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, Hybong 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.
  • Hybong 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. Hybong 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.

    Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

    You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, 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.

    As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

    The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. HYBONG reserves the right to delete such multiple listings of the same product listed by you in various categories.

    Payment

    While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s
  • All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

    Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

    Further:

  • 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 Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render HYBONG liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Hybong's Website.
  • You have specifically authorized Hybong or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery or by Activity point to and from other Users in respect of transactions through Payment Facility. Your relationship with Hybong is on a principal to principal basis and by accepting these Terms of Use you agree that Hybong is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Hybong's Website that are paid for by using the Payment Facility. Hybong does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
  • You understand, accept and agree that the payment facility provided by Hybong is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Hybong Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Hybong is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
  • Payment Facility for Buyers:

  • 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, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
  • You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
  • You, as a Buyer, shall electronically notify Payment Facility using the appropriate Hybong Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
  • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
  • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
  • Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
  • For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  • Refund shall be conditional and shall be with recourse available to Hybong in case of any misuse by Buyer.
  • Refund shall be subject to Buyer complying with Policies.
  • Hybong reserves the right to impose limits on the number of Transactions or Transaction Price which Hybong may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  • Hybong reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Hybong or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  • Hybong may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Hybong. As a result of such check if HYBONG is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
  • Hybong may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Hybong deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Hybong may hold Transaction Price and Hygong may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
  • The Buyer and Seller acknowledge that Hybong will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Hybong.
  • 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 Hybong Website.

    Buyer's arrangement with Issuing Bank:

    All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

    All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

    Wallet or Account balance:

    The Wallet ("Wallet" or Activity Ponit or Account balance) is a pre-paid payment instrument which is associated with your Website account. You can maintain a balance of money with such specific Seller (if permitted), and redeem it at your convenience. Please note that Seller will be the issuer of wallet and Seller shall be responsible for redeeming the money lying to your credit of your wallet account and Hybong does not assume any risk, liability or responsibility with respect to wallet money. Seller will not pay any interest on the amount maintained by you in your Seller specific Wallet.

    Activity Point

    Activity points are reward by Hybong to User of HYBONG.COM with user activity on website.
  • Hybong have full right to stop / Close Activity Point system and
  • Purchases by Activity Point at Any time without any Prior Notice.
  • Hybong have full right to deduct activity point of any user at any time without any prior notice.
  • If Hybong found that User used illegally Social media to increase their activity point then Hybong have full right to ban/delete account of such user or can deduct activity point.
  • Hybong not allow to user to increase their activity point with Bugs, Spam, Auto bots and any other automatic software system, If any user found in such activity then Hybong have full right to ban / delete their account without any prior notice. User can gift their activity point to any other user.
  • Hybong shall not responsible for any type of loss in activity point by any condition like Hacking of Account, Miss Use of Account, Illegal Transfer of Activity Point to Other Account. You are sole responsible for such type activity. If user found to use Social Media by Repeated Post to increase their Activity point then Hybong have full right to Ban/Delete their account or Cut all activity point.
  • The 30 Day Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of order / Delivery and/or within 30 days from the date of Order /delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:

    1. Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within 30 days from the date of Order / delivery and the same product/s will be replaced in return of the defective product/s.

    2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

    Note: Hybong/ Seller have full right to calculate 30 days from either date of order or date of delivery.

    If date of delivery not known then Hybong/Seller will calculate 30 days from date of order.

    Following products shall not be eligible for return or replacement:

  • Damages due to misuse of product;
  • Incidental damage due to malfunctioning of product;
  • Any consumable item which has been used/installed;
  • Products with tampered or missing serial/UPC numbers;
  • Digital products/services (Music/ EBook downloads)
  • Any damage/defect which are not covered under the manufacturer's warranty
  • Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
  • Jewellery which is 'made to order' on customer's request

    On Clothing, Footwear and Jewellery, qualified sellers accept 30 day exchange subject to the following conditions:

  • Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
  • Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
  • 'Made to order' jewellery, Innerwear, lingerie, socks and clothing freebies are not covered under the return policy.

    Damaged or defective clothing and footwear products are meanwhile covered by the 30 Day Replacement Guarantee.

    If Hybong has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Hybong may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.

    Hybong reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Hybong may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

    ebook: You will be able to purchase eBooks in PDF, .DOC, .DOCX etc file format on the Hybong Website.

    Download rights: You will need to be registered with HYBONG to make an ebook purchase. The eBooks which you purchase from the HYBONG Website shall be added in your HYBONG eBooks library from where you can download the eBooks onto your device(/s).

    Rights Granted: Upon your payment of our fees for ebook, we grant you a non-exclusive, non-transferable right to use the downloaded ebook for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may store the ebook only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that you will use the ebook only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the ebook. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use ebook. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for ebook. You acknowledge that the ebook embodies the intellectual property of a third party and is protected by law.

    All Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not accept returns of eBooks. Once you have purchased eBooks, we encourage you to download it promptly. If you are unable to complete a download, please contact customer service within 30 days of the payment, to provide new link for download.

    You bear all risk of loss after purchase and for any loss of eBooks you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, at our sole discretion remove eBooks from the Service without notice.

    Intellectual Property Rights:

    It is hereby specifically recorded that the copyright and other Intellectual Property in the ebook available on the Website is the sole and exclusive property of third parties. We are authorised by such third parties to upload the ebook on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Pmindexing Internet Private Limited as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be. Your request to download an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user.

    Indemnity

    You shall indemnify and hold harmless Hybong, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

    Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Churu, Rajasthan.

    Jurisdictional Issues/Sale in India Only

    Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Hybong 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 Hybong 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.

    Trademark, Copyright and Restriction

    This site is controlled and operated by Hybong 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. 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. 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.

    Trademark complaint

    HYBONG respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Hybong at legal@Hybong.com or support@Hybong.com.

    Product Description

    Hybong we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

    Limitation of Liability

    IN NO EVENT SHALL HYBONG BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

    Grievance officer

    In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Legal Department, Pmigndexing Internet Private Limited, 220, Bhamasi, Dist. Tah- Churu, Rajasthan-331001,

    Email: legal@Hybong.com, Time: Mon - Sat (9:00 - 18:00)

    The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

    If Hybong has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then HYBONG may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

    Hybong reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, HYBONG may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

    Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like. Points to be noted:

  • Seller can always accept the return irrespective of the policy.
  • If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program.

    Buyer need to raise the replacement request within 10 days from the date of delivery of products. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:

    1. Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:

  • Shipping was damaged
  • Item was defective
  • Item Dead on Arrival
  • Item(s) were missing
  • Wrong item sent
  • 2. An intimation shall be provided to Seller seeking either "approval" or "rejection" of the replacement request.

    3. In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product, Seller shall be obliged to provide the replacement product to the Buyer.

    4. Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to legal@Hybongndexing.com. In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement. If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.

    All shipping and other replacement charges shall be borne and incurred by the Seller.

    Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the Hybong website. Following situations may arise:

  • Item was defective
  • Item was damaged during the Shipping
  • Products was / were missing
  • Wrong item was sent by the Seller.
  • Return could also result in refund of money in most of the cases. Points to be noted:

  • Seller can always accept the return irrespective of the policy.
  • If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program.
  • We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

    Buyer need to raise the refund request within 10 days from the date of payment realization. Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:

  • Replace after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
  • Refund after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
  • Refund without shipment collection - Seller has agreed to refund the buyer without expecting the original shipment back)
  • Replace without shipment collection - Seller has agreed to replace the order without expecting the original shipment back)
  • On certain select days as specified by HYBONG separate policies may be applicable.

    In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account. In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

  • Overview

    Generally, transactions are conducted smoothly on HYBONG. However there may be some cases where both the Buyers and Sellers may face issues. At Hybong, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

    What is a 'dispute'?

    A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.

    How does a 'dispute' occur in the Marketplace?

    Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

    How is a 'dispute' created?

    Whenever there is a disagreement, the Buyer can write to legal@Hybongn.com, while the Seller can write to support@Hybongn.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

    What are the various types of 'disputes'?

    Following are the indicative examples of potential disputes:

    1. Wrong item received

    2. Item Not as described

  • Damaged or Seal broken on Product
  • Part/Accessory missing
  • Item not Compatible
  • Seller Description/Specification Wrong
  • Defective (Functional issues)
  • Product not working and Manufacturer claims invalid Invoice
  • In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then HYBONG will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

    In case of a dispute where the Seller is unable to provide a refund or a replacement, Hybong will actively work towards reaching a resolution. The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.

    The Buyer can write to legal@Hybong.com if the issue with the Seller is not resolved. Hybong's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.

    In due course of resolution, Hybong's Customer Support Team will facilitate a conference call including the Seller and the Buyer.

    When a dispute has been raised, Hybong may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Hybong for settling the dispute.

    Buyer Eligibility and Restrictions

  • Only the Buyers who have purchased the product on HYBONG are eligible for the Buyer Protection Program.
  • Buyers can file a dispute within 45 days from the date of delivery of the product
  • Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
  • To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Hybong by writing an email to legal@Hybong.com
  • Fraudulent charges and claims are not covered under Buyer Protection Program
  • If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
  • Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
  • Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 2 claims per year on Hybong. If the claim was withdrawn, it is not counted. The coverage amount will be limited to 20,000/- INR or Equal to Cost of Product or Equal to Buyer Payment but Not More Than Rs. 20,000/- INR at any condition.
  • Through the Buyer Protection program, Hybong does not provide any guarantee/warranty to Buyers for products sold on Hybong against technical/manufacturing defects.
  • Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. HYBONG shall verify the disputes so raised and may process only such claims that are valid and genuine.
  • Hybong shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
  • Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
  • Hybong reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Hybong may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
  • Decisions made by Hybong under the Buyer Protection Program shall be final and binding on its Users.
  • HYBONG reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
  • Through this program, Hybong shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
  • Hybong Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.
  • Disputes via Chargeback

    Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

  • Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
  • Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies. Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by HYBONG" and failing to do so Seller will be liable for chargebacks (as applicable).
  • Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
  • THIS AGREEMENT (THE “AGREEMENT”) IS AN ELECTRONIC DOCUMENT IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THE AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND HYBONG (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND HYBONG, INCLUDING WITH RESPECT TO THE LISTING, MARKETING, SALE AND DELIVERY OF ANY PRODUCTS THROUGH THE WEBSITE (DEFINED BELOW). IF ANY TERMS OF THIS AGREEMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY HYBONG.

    For the purpose of this Agreement, the individual or any legal entity (company, sole-proprietorship, partnership, HUF etc.) representing itself through its duly appointed authorized signatory only, who has completed Hybong’s Seller Registration Form as required by Hybong (hereinafter, referred to as the “Seller” / “You”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include Your heirs / subsidiaries, affiliates, successors and permitted assigns) shall constitute the FIRST PART;

    AND

    PMINDEXING INTERNET PVT. LTD., a company incorporated under the Companies Act, 1956, having its corporate office at 220 Bhamasi, VPO – Bhamasi, Dist. Tah Churu, Rajasthan 331001 (hereinafter referred to as, “HYBONG” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assigns) shall constitute the SECOND PART. Seller/You and HYBONG may be referred to as the “Party” individually and as the “Parties” collectively, as the context may require.

    WHEREAS

    1. Hybong owns and operates an online market place on the website located at the URL www.hybong.com (the “Website”) which acts as an online platform for different sellers to sell their products and for different buyers to access variety of products and to purchase the products offered by sellers;

    2. You being desirous of using the Website as a platform to offer and sell your Products (defined below) to the users of the Website have completed Hybong’s Seller Registration Form to enroll as a registered seller on the Website; and

    3. As a part of the registration process, HYBONG requires You to agree to the terms and conditions for offering for sale, and selling, the Products, dispatching the Products purchased by a Buyer (defined below), and accessing and using the Seller Panel (defined below) on the Website as detailed in this Agreement.

    1.1 “Acceptance” shall mean your affirmative action of clicking on the box against the words “I Accept” provided at the end of this Agreement, by which action you clearly accept the terms and conditions of this Agreement.

    1.2 “Agreement” shall mean this Seller Agreement in its entirety, including all content which is referenced or hyperlinked in this Agreement.

    1.3 “Banned Products” shall mean the products/goods/articles included in the HYBONG Banned Products List, which is hyperlinked to this Agreement.

    1.4 “Buyer” shall mean any user of the Website who purchases any Product of the Seller through the Website.

    1.5 “Courier Fees” shall mean the fees payable to Hybong for availing of the courier services through Hybong’s Courier Partners and shall mean the courier fees as may be provided from time to time in the Commercial Term Segment.

    1.6 “Courier Partner” shall mean the courier companies with whom Hybong has partnered for couriering / delivering the purchased Products to the Buyers.

    1.7 “Fulfillment Centre” shall mean a building / warehouse, identified by Hybong to the Seller, at Hybong’s discretion, where Seller may place a limited quantity of the Product until the Products are sold and dispatched to the Buyers.

    1.8 “Fulfillment Centre Charges” shall mean the charges as may be provided in the Commercial Term Segment as the fulfillment center charges.

    1.9 “Invoice” shall mean the invoice as may be raised by the Seller on the purchase of a Seller’s Product by a Buyer, through the Website.

    1.10 “Packaging Material Charges” shall mean the charges as may be provided in the Commercial Term Segment as packaging material charges.

    1.11 “Payment Collection Fees” shall mean the fees (or percentage) as may be provided in the Commercial Term Segment as payment collection fees.

    1.12 “Product(s)” shall mean the product(s), made available by the Seller for sale on the Website.

    1.13 “Seller Panel” shall mean a web page / account on the Website provided by Hybong to the Seller with a unique login id and password to update the order status, price and inventory of the Products on the Website.

    1.14 “Selling Price” shall mean the price of a Product in INR at which such a Product is offered for sale by the Seller to the prospective buyer on the Website.

    1.15 “Seller Proceeds” shall mean the net amount receivable by the Seller after deduction of the Hybong’s Marketing Fees, Payment Collection Fees, Courier Fees, Fulfillment Centre Charges (if applicable) and other charges (if any) from the Selling Price.

    1.16 “Hybong’s Marketing Fees” shall mean a percentage of the Selling Price payable to Hybong by the Seller on the sale of any Product through the Website. This percentage may vary from Product to Product, as provided in the Commercial Term Segment.

    1.17 “Hybong Policies” means the Anti-Bribery & Anti-Corruption Policy‟, Hybong Banned Products‟ List‟ and „ TrustPay Policy‟, which are hyperlinked to this Agreement & such other policy (including any amendments thereof) which Hybong may issue and make applicable on the Seller from time to time including but not limited to Seller Panel Terms of Use and Privacy Policy and the Terms of Use, the Privacy Policy and the Copyright Policy of the Website which are applicable to the Seller.

    1.18 “Term” shall mean the period commencing from the date of acceptance of this Agreement by the Seller up to the termination of this Agreement in accordance with Clause 15 as provided herein below.

    1.19 “Territory” shall mean the Republic of India.

    1.20 “Website” shall mean the website located at the URL www.hybong.com‟ or such other URL as may be specifically provided by Hybong.

    2.1 As a part of the registration process, You state that You have completed the Seller Registration Form and provided other relevant details as required by Hybong. You represent that You, in your individual capacity and/or as an authorized representative of the entity registering as a seller on the Website, are competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.

    2.2 You also represent that you have provided to Hybong your information such as name, contact details, email address, account details, PAN No., GST Registration, and other compliance related details through the Seller Registration Form and that such information is true and correct as on date.

    2.3 You have the option of accepting or declining to accept this Agreement. Please provide Your Acceptance to this Agreement if and only if you are agreeable to the terms and conditions provided herein. On Your Acceptance of this Agreement, Hybong will send an “Agreement Acceptance Notification,” along with a copy of this Agreement in PDF format, to the email provided in the Seller Registration Form. The Agreement Acceptance Notification will contain a statement requesting You to contact Hybong within twenty four (24) hours if the acceptance of this Agreement has not been provided by You.

    2.4 If You are not agreeable to the terms and conditions of this Agreement, please decline to accept this Agreement by clicking on the appropriate box. This will stop the Seller registration process.

    2.5 You will be responsible for maintaining the confidentiality of the Seller Panel and the information provided therein, and shall be fully responsible for all activities that occur under Your Seller Panel. You agree to (a) immediately notify Hybong of any unauthorized use of Your account information or any other breach of security, and (b) ensure that You exit from Your Seller Panel at the end of each session. Hybong cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section. You may be held liable for losses incurred by Hybong or any other user of, or visitor to, the Website due to authorized or unauthorized use of Your Seller Panel as a result of Your failure in keeping Your Seller Panel and the account information secure, absolute, correct and confidential.

    2.6 You agree that as a registered Seller of the Website, You shall not transfer / sell / trade the Seller Panel to any other person or entity.

    2.7 Hybong reserves the right to determine the Sellers who may sell on the Website. Hybong also reserves the right to suspend access to registered Sellers to the Website and the Seller Panel, or to terminate such access granted under this Agreement, without assigning any reasons for doing so. Hybong also reserves the right to select / delist the Products displayed/offered for sale or to be displayed/offered for sale on the Website.

    3.1 You agree that You will abide by the terms and conditions of this Agreement and Hybong Policies, including any amendments thereto made by Hybong from time to time which may be made without notice to You.

    3.2 You shall upload the Product listings for the sale of the Products in the appropriate category, through the Seller Panel. You shall also be required to provide all details relevant to the sale / purchase of the Products, including the Selling Price, an informative description of each Product (including but not limited to the length, breadth and height of the Product) and its contents, by way of text descriptions, graphics, or pictures or videos. These Product listings and details shall be displayed on the Website, along with the Selling Price.

    3.3 You represent that You shall provide accurate Product information on the Seller Panel/Website. The Product description shall not be misleading and shall describe the actual condition of the Product. If the sold Product does not match the Product description displayed on the Website, You agree to refund any amounts that You may have received from the Buyer.

    3.4 You shall be responsible for ensuring that the Seller Panel is updated and reflects the real-time availability / non-availability of the Products listed on the Website.

    Hybong shall not be responsible for claims made by Buyers for inaccurate Product availability details that are displayed on the Website due to any negligence / default on the part of You to provide updated and accurate Product information. You shall be required to retain an adequate inventory of the Products listed on the Website, for successful fulfillment of orders.

    3.5 You shall not attempt to sell any products falling in the category of Hybong Banned Products‟ List on this Website. Hybong shall be entitled to block all such products and shall also have the right to suspend or terminate the Seller’s access to the Seller Panel and the Website or terminate this Agreement forthwith.

    3.6 When a Buyer elects to purchase a Product through the Website, Hybong shall receive the order for the Product only in the capacity of an online marketplace.

    3.7 For all orders placed on the Website, payments shall be collected by Hybong on behalf of the Seller, in the mode (i.e., payment gateway or cash on delivery) as opted for by the Buyers. You hereby authorize Hybong to process, facilitate, collect and remit payments to You, (collected either electronically or through cash on delivery), from the Buyers in respect of sale of the Products through the Website. You also agree that, in doing so, Hybong will be merely acting as your limited agent with the sole intent and purpose of facilitating the sale and purchase of Products through the Website. You also agree that the payment facility provided by Hybong is neither a banking service nor a financial service but is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash on delivery, for the transactions on the Website. Further, by providing the payment facility, Hybong is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website.

    3.8 On the Buyer making the payment of the Selling Price through the payment gateway provided on the Website or opting for cash on delivery, You will be intimated of the same through the Seller Panel.

    3.9 Hybong shall provide the necessary backend infrastructure, like call center, order management system, etc., for capturing the Buyer/order details placed on You. Orders placed by the Buyer will be forwarded to You/reflected in the Seller Panel. You shall package the Product(s) in accordance with the packaging guidelines issued by Hybong from time to time and dispatch the Product(s) to the Buyer.

    3.10 You shall ensure that the purchased Product is dispatched to the Buyer, within such time period which Hybong may prescribe from time to time, along with all the required information, manuals, accessories (where applicable) warranty documents (where applicable) and any other relevant documents, to enable the Buyer to optimally use the Product purchased. You shall also issue a corresponding Invoice in the name of the Buyer, which Invoice shall be sent to the Buyer along with the Product. You shall be responsible to update the Seller Panel to reflect this development.

    3.11 The default delivery model provided by Hybong for the delivery of purchased Products to the Buyers is the Drop-Ship Model as detailed herein below. Hybong may, at its discretion, introduce other delivery models listed at in this Clause, at any time in the future. On introduction of such other delivery models, Hybong may, at its discretion, offer these delivery options to all or select Sellers. All three (3) delivery models are detailed below for the Sellers‟ information.

    i. Model 1 – Drop-Ship Model - (Default Model) - You will be responsible for packaging and shipping the Product to the Buyer via courier through one of the Courier Partners;

    ii. Model 2 - One Ship Model - If You receive several orders from the Website, then in order to expedite collection and dispatch of such Products, a designated Courier Partner shall first collect all such ordered Products from You and consolidate them at a designated premises (consolidation center) and then the respective Products will be dispatched to the Buyers by the Courier Partners identified by Hybong;

    iii. Model 3 - Fulfillment Centre – You may keep the Products in the Fulfillment Centre along with a detailed inventory of the same, Hybong shall be responsible to packaging and dispatch of the Products to the Buyers as per the orders received by the Seller from time to time and in accordance with the directions of the Seller; or

    iv. Model 4 – Seller Self – You will be responsible for packaging and shipping the Product to the Buyer via any courier service other than the Courier Partners.

    3.12 You shall keep Hybong informed promptly on any information that shall impact the delivery of a Product to the Buyer.

    3.13 You confirm and understand that selling and delivering wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Website will cause great prejudice and harm to the reputation and goodwill of Hybong and may also cause harm and prejudice to the Buyers. You acknowledge and warrant that You shall not sell any Product which may cause prejudice or harm to the reputation and goodwill of Hybong. Further, if Hybong receives any complaint from any Buyer or if You sell or deliver wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Website then You shall be liable to pay three times the Selling Price of the Product sold, as damages to Hybong. Hybong reserves the right to adjust the above amount from any amount accrued to You pursuant to this Agreement.

    4.1 Non Delivery/Return of the Product Due To Fault of the Seller

    (a) Where the Product has not been delivered due to any reason/fault attributable to You, then Hybong shall refund to the Buyer the Selling Price paid by the Buyer to purchase the Product and You shall be liable to pay Hybong and Hybong shall be entitled to recover from You:

    (i) Where Hybong has not remitted the Seller Proceeds to the Seller – Hybong Marketing Fee, Courier Charges, Payment Collection Fees and Fulfilment Charges (if applicable); and

    (ii) Where Hybong has remitted the Seller Proceeds to the Seller – the Seller Proceeds along with Hybong Marketing Fee, Courier Charges, Payment Collection Fees and Fulfilment Charges (if applicable).

    4.2 Non Delivery/Return of the Product Due to Any Other Reason

    (a) Where the Product has not been delivered due to any reason which is not attributable to the Seller, then Hybong shall refund to the Buyer, the Selling Price paid by the Buyer to purchase the Product and shall cause the Product to be returned to the Seller. In such an event the Seller shall be liable to pay Hybong and Hybong shall be entitled to recover from the Seller the Hybong Marketing Fee, Courier Charges, Payment Collection Fees and Fulfillment Charges (if applicable) and any other applicable charges.

    4.3 Parties agree and acknowledge that Hybong shall be entitled to recover/adjust any outstanding amount due and payable by You to Hybong under this Agreement from any Seller Proceeds payable to You and You undertake not to object to such recovery/adjustment.

    4.4 In the event of any default by You to deliver the Product to the Courier Partners (and therefore to the Buyer) on time or at all, You shall immediately update the Seller Panel / send an email to Hybong informing of such non-delivery and the reasons thereof, immediately on the occurrence of such event.

    4.5 You hereby agree to accept all Products (cash on delivery or non-cash on delivery), which are refused/not accepted by the Buyer at the time of delivery.

    4.6 You agree that You will abide by the terms and conditions of this Agreement, the Hybong Policies and all policies made by Hybong from time to time.

    5.1 You shall quote the best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Website.

    5.2 Hybong shall have the right to amend the Hybong Marketing Fee percentage applicable to each Product category as provided in the Commercial Term Segment, with prior notice of the same to You. Accordingly, Hybong shall, at least twenty four (24) hours prior to the implementation of the revised Hybong Marketing Fee percentage for any Product, notify You, by way of an email and/or a notification on the Seller Panel detailing such modifications/amendments/revisions to the Hybong Marketing Fee. It shall be the Seller‟s responsibility to review the emails / notifications sent by Hybong from time to time. Your continued use of Seller Panel (including any updating any information in Seller Panel, listing of Products, inventory maintenance, etc.) after modifications/amendments/revisions of the Hybong Marketing Fee shall be deemed as acceptance of such modifications/amendments/revisions.

    5.3 Hybong reserves the right to run promotions and offers providing benefits/discounts on the Selling Price to the Buyer on the Website on various Products. Similarly, Seller may provide a discount / offer on the Products by lowering the Selling Price. Notwithstanding the above, the Selling Price of all Products offered on the Website shall be either equal to, or less than, the maximum retail price of that Product. The maximum retail price, along with other statutory declarations, shall be mentioned on each Product and/or on its packaging in accordance with applicable laws.

    5.4 The Selling Price in respect of a Product purchased by a Buyer shall be received in full by Hybong either through the online system, i.e., the payment gateway offered by Hybong on the Website, or by way of cash on delivery.

    5.5 You will be responsible for payment of all applicable taxes including sales tax and VAT.

    5.6 You agrees and acknowledges that You will pay Hybong, the Hybong Marketing Fees, Courier Fees and Payment Collection Fees, Fulfillment Centre Charges and any other fees, as provided in Commercial Term Segment, for all the orders received through Hybong.

    5.7 Hybong shall release the payment of the Seller Proceeds to You on the following basis, i.e., the Products delivered during the period from 1st to 7th, 8th to 15th, 16th to 23rd day of every month and from 24th day to end of the month. Hybong shall make the payment by way of account payee cheque / RTGS/ NEFT on the 17th and 25th day of same month, and 3rd & 11th day of the next month, respectively, after deducting Hybong’s Marketing Fee, the Courier Fees, Payment Collection Fees, Fulfillment Centre Charges and any other applicable fees, as per the Commercial Term Segment.

    5.8 You agree that Hybong shall, at all times, have the right and option to deduct / adjust any payments due to, or from, You in one transaction, against any payments due to, or from, You in other transactions.

    5.9 It is stated that all commercial terms such as dispatch, delivery of the Products, etc., are bipartite contracts between the Buyer and You and the payment facility is merely used by the Buyer and You to facilitate completion of the transaction. Use of the electronic payment facility or the cash on delivery method shall not render Hybong liable or responsible for the non-delivery of the Products listed on the Website or for any other reason whatsoever.

    6.1 You shall maintain records of all the Products purchased by the Buyers through the Website, all returns, refunds, etc., as may be required for audit and regulatory purposes and for the Website’s customer service purposes.

    6.2 During the Term, You shall appoint a representative, who shall be Hybong’s point of contact for any and all matters related to this Agreement, including all sales and delivery related matters.

    6.3 You shall be solely responsible and liable for any complaints and queries of Buyers with respect to the Products, delayed delivery or non-delivery of the Products purchased or any complaints with respect to the quality or quantity of the Products delivered.

    6.4 You shall be solely responsible for making any representations or warranties with respect to the quality of the Product to the Buyer, including all relevant Product warranties.

    6.5 All orders placed on the Website are covered under the “TrustPay 100% Moneyback Guarantee” program. You agree to fulfill the commitments made under the abovementioned program. The said programme protects the Buyer against inadequate performance or non-performance by the Seller.

    6.6 You shall, at all times, comply with all applicable laws including without limitation compliance with laws relating to sales tax, VAT , GST, etc.

    7.1 You agree that Hybong’s role is limited to managing the Website for the display of the Products and other incidental services to facilitate the transactions between You and the Buyers. Accordingly, Hybong is merely an intermediary and the Website is only a platform where the Seller may offer its Products for sale. The contract for sale of any of the Products shall be a strictly bipartite contract between You and the Buyer. At no time shall Hybong have any obligations or liabilities in respect of such contract nor shall Hybong hold any rights, title or interest in the Products. Hybong shall not be responsible for any unsatisfactory or delayed performance of the Seller including delays as a result of the Products being out of stock.

    7.2 The ownership in the Products purchased will be transferred to the Buyer after successful delivery of the same at the destination provided by the Buyer, until which the ownership in the Products shall vest with the Seller alone. As a large market place, Hybong will extend its services to Sellers by giving mandates to logistic partners for facilitating the smooth functioning of the transaction between You and the Buyer. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of the Seller.

    7.3 You hereby agree to accept all sales return (cash on delivery or non-cash on delivery), which are refused/not accepted by the Buyer at the time of delivery.

    7.4 You will offer standard manufacturer‟s or seller‟s warranty actually associated with the Products. However, the Parties agree that repair, replacement or 100% (one hundred percent) refund of money will be given to the Buyer against manufacturing defect or damage. You shall issue a suitable, duly stamped, manufacturer’s warranty card to the Buyer with the Product at the time of dispatch of the Product, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of the Buyer‟s complaints will rest solely with You at all times.

    8.1 The Parties hereby represent and warrant to each other as under:

  • The Parties have all requisite power and authority to execute the Agreement, deliver and perform their obligations under this Agreement and have been fully authorized by all requisite corporate actions to do so; and
  • The execution and performance of this Agreement by either Party does not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement.
  • 8.2 The Seller undertakes that, at all times during the Term of this Agreement, it will:

  • abide by the terms and conditions of the Agreement, the Hybong Policies and the other Website policies, as may be applicable to the Seller;
  • not offer for sale/sell/deliver any Banned Products or refurbished products on the Website;
  • deliver the Products to the Buyers in a timely manner consistent with the terms of this Agreement; and
  • deliver the Products in accordance with all applicable laws, rules, regulations, governmental orders, etc., and applicable codes of practice, now or hereafter in effect, relating to the Seller‟s performance under this Agreement.
  • 8.3 The Seller represents that the Seller is competent to contract and is not disqualified from contracting under any law in India.

    8.4 The Seller has procured and shall maintain all licenses and registrations required for selling the Products online or otherwise during the Term.

    8.5 The Seller agrees, represents and warrants that the Seller shall not describe himself/itself as an agent or representative of Hybong or make any representations to any Buyer or any third party or give any warranties which are of such a nature that Hybong may be required to undertake, or be liable for, whether directly or indirectly.

    8.6 The Seller agrees, represents and warrants that the Seller shall not, during the Term, offer the Products listed on the Website, to any other website or through any other platform, at a price which is less than the Selling Price, as listed on the Website.

    8.7 The Seller agrees, represents and warrants that, the Seller shall not, at any time during the Term, transact with any Buyer directly.

    8.8 The Seller agrees to attend to, and resolve, the Buyers‟ queries with regard to the delivery of the Products and the quantity and quality of the Products within 1 (one) day from the date of receipt of such queries.

    8.9 The Seller hereby represents and warrants to Hybong that there are no restrictions, hindrances or encumbrances of any nature which, in any manner, restrict the performance of the obligations by the Seller under this Agreement.

    8.10 The Seller shall be responsible for payment of the Seller‟s own taxes and any taxes/levies/cess applicable on the Products sold through the Website, and shall indemnify and hold harmless, Hybong, from any liability in this regard.

    8.11 The Seller hereby declares and confirms that it deals only in original, legitimate and genuine Products which are either self-manufactured and/or procured from legitimate channels and in compliance with all the legal requirements. The Seller further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual property rights, it shall be solely responsible.

    8.12 The content of the Products, the text descriptions, graphics or pictures regarding the Product being uploaded on the Website and the Product packaging, shall not be obscene, libelous, defamatory or scandalous or which is capable of hurting the religious sentiments of any segment of the population or constitute an infringement of any intellectual property rights of any person or entity.

    8.13 You agree, acknowledge and understand that:

  • You are using the Website provided and owned by Hybong;
  • The permission granted by Hybong to use the Website as an online market place is on a non-exclusive basis;
  • Hybong reserves the right to deny access to, or revoke, such permission to use the Seller Panel and/or Website at any time;
  • Hybong shall have the right to remove the listing of any Product being offered for sale by You;
  • Hybong shall have the right to offer discounts, run promotion campaigns on the Selling Price to the Buyers from Hybong’s Marketing Fee. You shall not object to the provision of such discounts given by Hybong;
  • Any and all data derived as a result of this Agreement will be owned by Hybong and You shall have the right to utilize such data for the duration of the Term of this Agreement to fulfill Your obligations hereunder; and
  • For the duration of the Term, the Website shall be maintained by Hybong. The ownership of the Website shall vest with Hybong and Hybong shall make its best efforts to deal with any technical issues affecting the Website (such as, for instance, the Website becoming inoperative. Hybong does not warrant that the Seller will be able to use the Website and offer for sale the Seller‟s Products at all times or locations on the Website or that the Website and the services provided through the Website will be uninterrupted or error-free or that the defects will be corrected by Hybong.
  • 8.14 The Seller represents that the Seller shall not, at any time, use any intellectual property of Hybong in any manner without the prior written consent of Hybong. The Seller also represents that the Seller shall not purchase any Hybong metatags on the Internet without the prior written consent of Hybong.

    8.15 The Seller represents and warrants that if Seller is found indulging in providing of false or misleading information or provision of defective or counterfeit Products, then Hybong may initiate civil and/or criminal proceedings against the Seller and Hybong may, at its sole discretion, suspend, block, restrict, or cancel the Seller‟s registration on the Website and /or disqualify / bar the Seller from selling the Products on the Website.

    9.1 Both Parties agree that the brands/logos, trademarks, etc., belonging to each Party are the exclusive property of the respective Party and cannot in any circumstances be used, or copied, or altered in any manner which is identical/ similar the brands/logos/trademarks of the other Party without being specifically authorized in writing by that other Party. You recognize and confirm that Hybong has the exclusive right to supervise, allow and reject the contents of the Website. Hybong shall not be liable for contents and images shared, uploaded or displayed on the Website by the Seller regarding the Seller‟s Products and all consequent liability will be borne by the Seller only.

    9.2 You hereby grant to Hybong the right to display/delist the Products (as updated or to be updated by You on the Seller Panel at any/all times) along with the related logo and/or trademark and/or brand name, etc., of the Products for marketing/selling through the Website.

    9.3 You hereby authorize Hybong to use and include Your trademarks (as may be provided by You from time to time) and Your corporate name on the Website and in any directory or promotional material produced in connection with the promotion of the Website or the Products offered by You on the Website.

    9.4 You acknowledge that Hybong is merely an intermediary with respect to the Products listed on the Website. However, on receiving written notification of any alleged infringement of third party intellectual property rights due to display or sale of any Products/third party trademark or copyrighted matter on the Website (including availability or sale of counterfeit goods on the Website), Hybong may, at its own discretion, remove / delist the allegedly infringing Products / content from the Website, with or without prior notice to You.

    10.1 The Parties agree to conduct all their dealings in a very ethical manner and with the highest business standards.

    10.2 The Seller agrees to comply with “Anti-Bribery and Anti-Corruption Policy” and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with Hybong or any other third parties for the purpose of this Agreement. Any instances of such violations will be viewed in a serious manner and Hybong reserves the right to take all appropriate actions or remedies as may be required under the circumstances.

    10.3 The Seller will provide all possible assistance to Hybong in order to investigate any possible instances of unethical behavior or business conduct violations by an employee or hired person of the Seller.

    11.1 In the event of any breach or delay in the fulfillment of Your obligations by You, due to any reason, Hybong shall not be held liable/responsible.

    11.2 Hybong shall not be liable for the sale of the Products by You through the Website or any loss incurred by You or the Buyer therefrom.

    12.1 The Parties acknowledge that during the existence of this Agreement, You will have access to confidential information of HYBONG and its affiliates. You undertake to keep confidential all data and other confidential information supplied to You by Hybong under this Agreement and shall not sell or otherwise make that information available to any third parties. This Agreement, and the terms thereof, shall be considered to be confidential.

    12.2 Except as agreed to by the Parties, the data of Buyers will be the exclusive property of Hybong, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of this Agreement and shall keep it confidential at all times. Confidential information would include but not be limited to Buyer details, market information, all work products and documents related thereto, the contents of the Website or any other information which is treated as confidential by HYBONG, and any other information, whether oral or in writing, received or to be received by You which is agreed to be treated under the same terms, whether expressly or by implication.

    12.3 The obligations under this Clause shall survive the termination of this Agreement.

    13.1 The Seller agrees and undertakes to indemnify and to hold harmless Hybong, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys‟ fees) incurred by reason of (i) any breach or alleged breach by the Seller of the Seller‟s obligations, representations, or warranties hereunder; (ii) any violation by the Seller of applicable law or regulation; or (iii) any breach by the Seller of any Hybong Policies or any other policies.

    13.2 Additionally, the Seller shall, at all times and to the complete satisfaction of Hybong and without demur, at its own expense, indemnify, defend and hold harmless, Hybong and its officers, directors, employees, associates successors, representatives and agents, against any third party claim, demand, suit, action or other proceeding brought against Hybong or its directors, successors, representatives, agents, officers and employees and against all penalty, damages, awards, settlements, liabilities, losses, costs and expenses related thereto (including attorneys‟ fees) to the extent that such claim, suit, action or other proceedings are, directly or indirectly, based on or arise on account of the Products and their content, or any breach of any of the terms and conditions of this Agreement by the Seller or failure of the Seller in the performance or observance of its role, functions, responsibilities as specified herein, or the breach of the Seller‟s representations and warranties as contained in this Agreement, even after the termination of this Agreement.

    14.1 The rights and obligations under this Agreement shall not be assigned or transferred by You to any third party whomsoever, during the Term of this Agreement.

    14.2 Hybong shall be entitled to transfer or assign any or all of its rights and obligations under this Agreement to a third party without a prior written notification to You.

    15.1 This Agreement may be terminated:

    (i) By Hybong, with immediate effect, if You are in breach of any of its obligations, representations or warranties, or any other material terms as contained in this Agreement and/or any of the Hybong Policies;

    (ii) By Hybong, without any reason, by giving You a prior written notice of seven (7) days; or

    (iii) By Hybong, with immediate effect, if a petition for relief under any bankruptcy or insolvency is filed by or against You, or You make an assignment for the benefit of the creditors, or a receiver or an administrative receiver or administrator is appointed for all or a substantial part of Your assets;

    15.2 Hybong also has the right to suspend Your access to the Seller Panel (instead of terminating the Agreement) for any period of time (during which time period You shall not be permitted to sell Your Products on the Website) on the occurrence of any of the termination triggers specified in Clause 15.1 above or without any reason as stated in 15.1(ii) above.

    16.1 On termination of this Agreement:

  • Hybong will, with immediate effect, block Your access to the Seller Panel and/or Website and consequently, You shall not be able to offer any Products to the Buyers thereafter; and
  • You shall return to Hybong all the confidential information of Hybong and all other properties and materials belonging to Hybong. Where the confidential information cannot be returned in material form, You shall destroy all of Hybong’s confidential information and shall provide Hybong with a certificate of destruction with respect to the same.
  • 16.2 A Seller, whose arrangement under this Agreement has been terminated by Hybong for any reason whatsoever, shall not have the right to re-register himself /itself as a Seller on the Website at any time after such termination, unless Hybong, in its discretion, permits such re-registration.

    16.3 It is agreed that such provisions and obligations which, by their very nature, survive the termination of this Agreement, shall continue to be binding on the Parties.

    16.4 On the termination of the Agreement, You will be entitled to only the Seller Proceeds which have become due to You on account of any purchase of the Products, made through the Website, prior to the date of termination of this Agreement. Hybong shall be entitled to adjust any monies, due from You to Hybong till the date of termination, from the Seller Proceeds payable to You on termination.

    16.5 Without prejudice of the foregoing, the termination of this Agreement pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which either Party may have, arising out of the event which gave rise to the right of termination.

    17.1 If any dispute arises between the Parties hereto during the subsistence of this Agreement or thereafter, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed by HYBONG. Arbitration shall be held at New Delhi, India. The proceedings of arbitration shall be in the English language. The arbitrator‟s award shall be final and binding on the Parties.

    17.2 The Agreement shall be governed by and construed in accordance with the laws of India. The courts of New Delhi, India, shall have exclusive jurisdiction in connection with this Agreement.

    18.1 Hybong may amend the terms and conditions of this Agreement including the Commercial Term Segment and the Hybong Policies at any time in its sole discretion by intimating You by way of notification on the Seller Panel and/or by sending an email to the email ID provided in the Seller Registration Form. It is your responsibility to review amendment notifications from time to time. You will be deemed to have accepted such amendments, if you continue to access the Website/Seller Panel after the amendments are notified by Hybong.

    18.2 Hybong may modify any other policies such as the Terms of Service, the Privacy Policy and the Copyright Policy, at any time at its sole discretion without any notification to You. It is your responsibility to review the same from time to time. You will be deemed to have accepted these Website policies as amended, if You continue to access the Website after the modifications are posted on the Web Site.

    19.1 If You prefer to route Your Products through Fulfillment Center of HYBONG, as and when this option is made available to You by Hybong, then the following conditions shall apply:

  • The Products will be insured by Hybong against fire, burglary, flood etc.
  • In case of pilferage and damages (post Quality Check) risk will be borne by Hybong.
  • The Product Details for reconciliation would be shared as per Seller requirement every fortnight.
  • The Products lying in the Fulfillment Centre, for which order is not placed by the Buyer, shall be returned to the Seller periodically upon confirmation with Hybong.
  • 19.2 However, in case of any claim with any insurance company or insurer, the Seller shall fully co-operate with Hybong and provide all necessary documents as may be requested by Hybong. However, all claims arising out of the damages, pilferage fire, flood and burglary of the Products, the same shall be subject to the terms and condition of the original insurance cover entered with Hybong.

    19.3 Hybong shall not be responsible for any damage to the Products except where a Product is damaged in the warehouse under the Fulfillment Centre delivery model. In the event a Product is damaged in the Fulfillment Centre due to any fault solely attributable to Hybong, then Hybong shall only be liable to pay You an amount not higher than the actual cost of the Product paid by You to purchase such a Product.

    19.4 Similarly, Hybong shall not be responsible for any non-delivery or delay in delivery of any Products to the Buyer unless the same is due to non-dispatch or delay in dispatch of the Seller‟s Products available at the warehouse, under the Fulfillment Centre delivery model.

    19.5 Force Majeure: Any delay in or failure to perform any obligations by the Parties under this Agreement shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of the Party committing default, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage and non-cooperation of third parties. Provided, however, that Seller shall give prompt written notice within a period of seven (7) days from the date of the force majeure occurrence to the Hybong. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed.

    19.6 Entire Agreement: This Agreement, along with the Commercial Terms Segment and Hybong Policies shall constitute the full and complete Agreement between the Parties hereto relating to the subject matter thereof. The Parties state that there are no oral statements, representations, warranties, undertakings or agreements between the Parties except as provided herein. This Agreement supersedes/cancels all prior communications, understandings and agreements whether written or oral or in electronic form, (such as the Seller Registration Form), between the Parties hereto.

    19.7 Notices: Any notice or other communication to be given hereunder will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail (with a copy concurrently mailed as set forth above). The date of receipt shall be deemed the date on which such notice is given. Notice to You shall be issued at the address provided by You in the Seller Registration Form, as amended by You from time to time.

    19.8 Waiver: Either Party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such Party.

    19.9 Severability: Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.

    19.10 There are several underlined words and phrases that are hyperlinked to various rules and policies on the Website. You represent that You have read this entire Agreement and the policies hyperlinked herein and made available on the Website. By accepting this Agreement, You hereby accept all the policies hyperlinked to this Agreement and other rules and policies of Hybong applicable to You.