Terms and Conditions

SIBY Terms of Use

CHAPTER I

PRELIMINARY

1. Short title, extent, commencement and application

  • This Terms of Use may be called the ‘Terms of Use’ of SIBY
  • It extends to the whole of India.
  • This section shall come into force at once and the remaining provisions of this Terms of Use shall come into force on such date as the Company may, by notification on the Company website, appoint and different dates may be appointed for different provisions of this Terms of Use and any reference in any provision to the commencement of this Terms of Use shall be construed as a reference to the coming into force of that provision of said Terms of Use.
  • The provisions of this Terms of Use shall apply to—
  • Directors, Office bearers, Staffs, Representatives, and any other person who acts on

behalf of SIBY, a Company incorporated under Companies Act, 2013.

  • Any person such as individuals, Statutory Body, Company, Organization, banking companies, Intermediaries, and any identity came into force under the Law of this Land.
  • Sellers such as Venders, Suppliers, Service providers, felicitators  having direct contract with this company or having business through any Third Party;  
  • Byer or Purchaser who have any business deal, transaction, communication etc

through this company online or offline

2. Definitions.— In this ‘Terms of Use’, unless the context otherwise requires,—

  • “Company” means SIBY Enterprises Pvt Ltd, incorporated under Companies Act, 2013.
  • “Terms of use” means all rules, regulations, Guide lines etc. mentioned in this document.
  • “Directors” means all persons having power and authority to run this company as defined in Companies Act, 2013.
  • “Person” means any legal identity came into force under the Law of this Land.
  • “Sellers” means Venders, Suppliers, Service providers, felicitators  having direct contract with this company or having business through any Third Party.
  • “He” means a pronoun used in place of “Person” or “Sellers” or “Buyer” or any other legal identity in consecutive sentences of a paragraph indicating all  genders and numbers. 
  • “Buyer” means purchaser, any legal identity availing any service provided by this Company time to time online or offline.
  • “siby” means company owned website, mobile application, domain, server, portal.

CHAPTER II

COMPANY INFORMATION

 3. Formation of company

(1)  It is a Company incorporated under Companies Act 2013 having its brand name “SIBY”.

  • Term This is an abbreviation of phrase “A SHOP INSPIRED BY YOU”

4. Registered Office

  • Its registered office is situated at- Dak Bangla Road, PO+PS- Suriya, Dist. – Giridih, PIN-825320.
  • Its branch is situated at- Boreya Road Vrindavan Colony, Chiraundy, Ranchi, PIN-834006.

5. Area of work

  • Company has valid permission to operate and run its online as well as offline business in Indian territory i.e. all states and Union territories
  • Whereas Company reserves the right to continue or discontinue its business in whole of India or in certain part of India as may be decided by the company time to time according its convenience.

6. Legal Obligation

  • Company is committed to follow and abide by all acts, rules and regulations framed by The Central Government, State Government and Statutory Bodies.
  • If any legal consequence arises, albeit above commitment, shall come under the Ranchi Jurisdiction only. 

CHAPTER III

OBLIGATIONS OF BUYER & MATTERS INCIDENTAL THERETO

7. Use of the siby

  • Use of the siby  and all services and tools online or offline by person or  buyer shall be governed by the following terms and conditions “Terms of Use” as  applicable to “siby”  including the applicable policies which are incorporated herein by way of reference.

8. Transactions

  • Act of transaction in or through “siby” shall be considered as a consent and acceptance of a person or a buyer towards “Terms of Use”. 
  • Act of transaction shall mean contracting with SIBY and these terms and conditions including the policies constitute his binding obligations with SIBY.
  •  Act of transaction shall means a person or a buyer has agreed to become a buyer on the “siby” by providing Registration Data while registering on the “siby” as Registered User by using any electronic media as well as any other means of communication.
  • Act of transaction may also means surfing of “siby”.
  • Act of transaction may also means making purchases without registering on “siby”.
  • He shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and he shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use when any of the services provided by the Company  through “siby” .
  • Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to anyone.
  • Responsibility to review these Terms of Use periodically for updates / changes lies upon him.
  • Furtherance of transaction shall be considered as a consent and acceptance of changes, addition, alteration, omission of Terms of use.

9. Membership Eligibility for Buyer

  • A person or a buyer can be a primary member of “siby” by registering his name through a valid document who can make contracts under the Provisions of prevailing Acts and Laws of this land.
  • A minor cannot be a member. Whereas a minor can use “siby” under the supervision and prior consent/ permission of a parent or legal guardian.

10. Registration

  • A person or a buyer can be a member by providing basic information such as registered mobile number, email address, aadhar number, PAN number,
  • He shall be responsible for maintaining the confidentiality of his Display Name and Password and shall be responsible for all activities that occur under his Display Name and Password.
  • Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under his Account in cases, including, where he has failed to update his revised mobile phone number and/or e-mail address on the Website Platform.
  • He shall be solely liable and responsible for all the activities undertaken under his Account, and any consequences therefrom. 

11. Communications

  • Communication made by a person or a buyer by means of email, phone call, SMS, or any other electronic media  shall be considered as his understanding towards such means of communications .    
  • It shall be treated as his consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with him by email or by such other mode of communication, electronic or otherwise.

12. Transaction and Communication

  • The “siby” is a business place that Users utilize to meet and interact with one another for their transactions. “siby”  is not and cannot be a party to or control in any manner any transaction between the  Users.

13. Use of the business place

  • A person or a buyer shall not use any information in any manner
  • Which Belongs to another person and to which he does not have any right to;
  • Which is grossly harmful, invasive of another’s privacy, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,  hateful, harassing 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;
  • Which is misleading and disguises in any way;
  • Which 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;
  • Which harasses or advocates harassment of another person;
  • Which involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • Which promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • Which 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];
  • Which promotes an illegal or unauthorized copy of another person’s copyrighted work 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;
  • Which contains restricted or password-only access pages, or hidden pages or images provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • Which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Which contains video, photographs, or images of another person (with a minor or an adult).
  • Which tries to gain unauthorized access or exceeds the scope of authorized access to the sidy or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the siby or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Which engages in commercial activities and/or sales without siby’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the siby. Throughout this Terms of Use, “siby” prior written consent means a communication coming from “siby”  Legal Department, specifically in response to his request, and specifically addressing the activity or conduct for which he seeks authorization;
  • Which solicits gambling or engages in any gambling activity which Company, in its sole discretion, believes is or could be construed as being illegal;
  • Which interferes with another USER’s use and enjoyment of the siby or any other individual’s User and enjoyment of similar services;
  • Which refers to any business place or URL that, in Company’s sole discretion, contains material that is inappropriate for the siby or any other business place, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • Which harm minors in any way;
  • Which 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;
  • Which violates any law for the time being in force;
  • Which deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Which impersonate another person;
  • Which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • Which 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.
  • Which shall not be false, inaccurate or misleading;
  • Which 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.
  • Which shall not create liability for Company or cause it to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
  • He shall not probe, scan or test the vulnerability of the siby or any network connected to the siby nor breach the security or authentication measures on the siby or any network connected to the siby. He may not reverse look-up, trace or seek to trace any information on any other User of or visitor to siby, or any other customer, including any account on the siby not owned by him, to its source, or exploit the siby or any service or information made available or offered by or through the siby, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than his own information, as provided for by the siby.
  • He 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 siby or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the siby or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the siby. Company reserves its right to bar any such activity.
  • he agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the siby or any transaction being conducted on the siby, or with any other person’s use of the siby.
  • He may not use the siby 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 siby and / or others.
  • He shall not make any negative, denigrating or defamatory statement(s) or comment(s) about siby or the brand name or domain name used by siby including the terms siby mart, or otherwise engage in any conduct or action that might tarnish the image or reputation, of siby or sellers on platform or otherwise tarnish or dilute any siby’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. He agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the siby’s systems or networks, or any systems or networks connected to siby.
  • He may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal he sends to siby on or through the siby or any service offered on or through the siby. He may not pretend that he is, or that he represents, someone else, or impersonate any other individual or entity.
  • He shall not attempt to gain unauthorized access to any portion or feature of the siby, or any other systems or networks connected to the siby or to any server, computer, network, or to any of the services offered on or through the siby, by hacking, password “mining” or any other illegitimate means.
  • From time to time, he shall be responsible for providing information relating to the products or services proposed to be sold by him. In this connection, he undertakes that all such information shall be accurate in all respects. He shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • Solely to enable siby to use the information he supply siby with, so that siby is not violating any rights he might have in his Information, he agrees to grant siby 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 he has in his Information, in any media now known or not currently known, with respect to his Information. Siby will only use his information in accordance with the Terms of Use and Privacy Policy applicable to use of the siby.
  • He 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 his use of siby’s service and his listing, purchase, solicitation of offers to purchase, and sale of products or services. He 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.
  • He shall not engage in advertising to, or solicitation of, other Users of the siby to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the siby or related to us. He may not transmit any chain letters or unsolicited commercial or junk email to other Users via the siby. It shall be a violation of these Terms of Use to use any information obtained from the siby 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, siby 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 siby deems appropriate in its sole discretion. He understands that siby has the right at all times to disclose any information (including the identity of the persons providing information or materials on the siby) 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, siby can (and him hereby expressly authorize company to) disclose any information about him to law enforcement or other government officials, as siby, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

14. Charges for buyer

       Membership on the siby is free for buyers. “siby” does not charge any fee for browsing and buying on the siby. “siby”  reserves the right to change its Fee Policy from time to time. In particular, “siby” may at its sole discretion introduce new services and modify some or all of the existing services offered on the siby. In such an event “siby”  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 siby and such changes shall automatically become effective immediately after they are posted on the siby. Unless otherwise stated, all fees shall be quoted in Indian Rupees. He shall be solely responsible for compliance of all applicable laws including those in India for making payments to “siby” .

15. Payment Facility for Buyers:

       By performing any kind of transaction It shall be construed that

  1. He, as a Buyer, understands that upon initiating a Transaction he is 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 he shall pay the Transaction Price through his Issuing Bank to the Seller using Payment Facility.
  2. He, as a Buyer, may agrees 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.
  3. He, as a Buyer, shall electronically notify Payment Facility using the appropriate siby features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by him 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.
  4. He, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as his sole and exclusive remedy) in case he does 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 he does not raise a refund claim using siby’s features within the stipulated time than this would make him ineligible for a refund.
  5. He, 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 he may not be entitled to a refund in respect of the Transactions for those products and /or services
  6. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the siby, as chosen by him.
  7. For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
  8. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  9. 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).
  10. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, he shall be required to share alternate bank account details with us for processing the refund.
  11. Refund shall be conditional and shall be with recourse available to siby in case of any misuse by Buyer.
  12. siby may also request him for additional documents for verification.
  13. Refund shall be subject to Buyer complying with Policies.
  14. Siby reserves the right to impose limits on the number of Transactions or Transaction Price which siby 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.
  15. Siby 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 siby or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  16. Siby 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 siby. As a result of such check if siby is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, siby shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of siby.
  17. Siby may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if siby deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, siby may hold Transaction Price and siby 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.
  18. The Buyer and Seller acknowledge that siby 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 siby.
  19. He, as a Buyer, understands that 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.
  20. He, as a Buyer, understands that 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.
  21. He, as a Buyer, understand that 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.

CHAPTER IV

OBLIGATIONS OF SELLER & MATTERS INCIDENTAL THERETO

15. Use of the siby

  • Use of the siby and all services and tools online or offline by person or seller   shall be governed by the following terms and conditions “Terms of Use” as  applicable to “siby”  including the applicable policies which are incorporated herein by way of reference.

16. Transactions

  • Act of transaction in or through “siby” shall be considered as a consent and acceptance of a person or a seller towards “Terms of Use”. 
  • Act of transaction shall mean contracting with SIBY and these terms and conditions including the policies constitute his binding obligations with SIBY.
  •  Act of transaction shall means a person or a seller has agreed to become a seller on the “siby” by providing Registration Data while registering on the “siby” as Registered User by using any electronic media as well as any other means of communication.
  • Act of transaction may also means surfing of “siby”  without registering on “siby”
  • He shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and he shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use when any of the services provided by the Company  through “siby” .
  • Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to anyone.
  • Responsibility to review these Terms of Use periodically for updates / changes lies upon him.
  • Furtherance of transaction shall be considered as a consent and acceptance of changes, addition, alteration, omission of Terms of use.

17. Membership Eligibility for Seller

  • A person or a seller can be a member of “siby” who can make contracts under the Provisions of prevailing Acts and Laws of this land.
  • A minor cannot be a Seller.

18. Account and Registration

  • A person or a seller can be a seller by providing basic information such as registered mobile number, email address, aadhar number, PAN number, GSTN, Proof of business entity
  • He shall be responsible for maintaining the confidentiality of his Display Name and Password and shall be responsible for all activities that occur under his Display Name and Password.
  • Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under his Account in cases, including, where he has failed to update his revised mobile phone number and/or e-mail address on the Website Platform.
  • He shall be solely liable and responsible for all the activities undertaken under his Account, and any consequences therefrom.

19. Communication

  • Communication made by a person or a buyer by means of email, phone call, SMS, or any other electronic media  shall be considered as his understanding towards such means of communications .
  • It shall be treated as his consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with him by email or by such other mode of communication, electronic or otherwise.
  •    

20. Transaction and Communication

  • The “siby” is a business place that Users utilize to meet and interact with one another for their transactions. “siby”  is not and cannot be a party to or control in any manner any transaction between the  Users i.e. buyer and seller.
  • All terms of contracts and business deals are offered by and agreed to between Buyers and Sellers alone.
  • All terms of contracts and business deals 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.
  •  “siby” does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such terms of contracts and business deals between the Buyers and Sellers.
  • All discounts, offers (including exchange offers) are by the Seller/Brand and not by “siby”
  • Placement of order by a Buyer with Seller on the siby is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered.
  • The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS.
  • Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer
  • Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption.
  • This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption.
  • What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
  • “siby” 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 siby.
  • “siby” does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the siby. “siby” accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • “siby” is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. “siby” cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the siby. “siby mart” shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  • “siby” does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. He is advised to independently verify the bona fides of any particular User that he chooses to deal with on the siby and use his best judgment in that behalf.
  • “siby” does not at any point of time during any transaction between Buyer and Seller on the business place 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.
  • At no time shall “siby” hold any right, title or interest over the products nor shall “siby” have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. “siby” 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.
  • Siby is only a virtual place that can be utilized by Users to reach a larger base to buy and sell products or services. “siby” is only providing a virtual place 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 “siby” hold any right, title or interest over the products nor shall “siby” have any obligations or liabilities in respect of such contract.
  • “siby” 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.
  • Select products offered by sellers may be eligible for business purchases on the business place.

21. Use of the siby

      A person or a seller hereby agrees, undertakes and confirms that his use of siby shall be strictly

      governed by the following binding principles:

  • A person or a seller shall not host, display, upload, modify, publish, transmit, update or share any information which:
  • Which Belongs to another person and to which he does not have any right to;
  • Which is grossly harmful, invasive of another’s privacy, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,  hateful, harassing 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;
  • Which is misleading and disguises in any way;
  • Which 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;
  • Which harasses or advocates harassment of another person;
  • Which involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • Which promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • Which 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];
  • Which promotes an illegal or unauthorized copy of another person’s copyrighted work 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;
  • Which contains restricted or password-only access pages, or hidden pages or images provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • Which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Which contains video, photographs, or images of another person (with a minor or an adult).
  • Which tries to gain unauthorized access or exceeds the scope of authorized access to the market place or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the siby or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Which engages in commercial activities and/or sales without siby’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, “siby” prior written consent means a communication coming from “siby”  Legal Department, specifically in response to his request, and specifically addressing the activity or conduct for which he seeks authorization;
  • Which solicits gambling or engages in any gambling activity which Company, in its sole discretion, believes is or could be construed as being illegal;
  • Which interferes with another USER’s use and enjoyment of the siby or any other individual’s User and enjoyment of similar services;
  • Which refers to siby or URL that, in Company’s sole discretion, contains material that is inappropriate for the siby or any other virtual place, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • Which harm minors in any way;
  • Which 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;
  • Which violates any law for the time being in force;
  • Which deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Which impersonate another person;
  • Which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • Which 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.
  • Which shall not be false, inaccurate or misleading;
  • Which 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.
  • Which shall not create liability for Company or cause it to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
  • He shall not probe, scan or test the vulnerability of the siby or any network connected to the siby nor breach the security or authentication measures on the siby or any network connected to the siby. He may not reverse look-up, trace or seek to trace any information on any other User of or visitor to siby, or any other customer, including any account on the siby not owned by him, to its source, or exploit the siby or any service or information made available or offered by or through the siby, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than his own information, as provided for by siby.
  • He 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 siby or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the siby or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the siby. Siby reserves its right to bar any such activity.
  • He agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the siby or any transaction being conducted on the siby, or with any other person’s use of the siby.
  • He may not use the siby 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 siby and / or others.
  • He shall not make any negative, denigrating or defamatory statement(s) or comment(s) about siby or the brand name or domain name used by siby including the terms sibymart, or otherwise engage in any conduct or action that might tarnish the image or reputation, of siby or sellers on platform or otherwise tarnish or dilute any siby’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 siby. He agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or siby’s systems or networks, or any systems or networks connected to siby.
  • He may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal he sends to siby on or through the Platform or any service offered on or through the siby. He may not pretend that he is, or that he represents, someone else, or impersonate any other individual or entity.
  • He shall not attempt to gain unauthorized access to any portion or feature of the siby, or any other systems or networks connected to the siby or to any server, computer, network, or to any of the services offered on or through the siby, by hacking, password “mining” or any other illegitimate means.
  • From time to time, he shall be responsible for providing information relating to the products or services proposed to be sold by him. In this connection, he undertakes that all such information shall be accurate in all respects. He shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • Solely to enable siby to use the information he supply’s siby with, so that siby is not violating any rights siby might have in his Information, he agrees to grant siby 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 he has in his Information, in any media now known or not currently known, with respect to his Information. Siby will only use his information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
  • He 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 his use of sibys service and his listing, purchase, solicitation of offers to purchase, and sale of products or services. He 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.
  • He shall not engage in advertising to, or solicitation of, other Users of the siby to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to siby. He may not transmit any chain letters or unsolicited commercial or junk email to other Users via the siby. It shall be a violation of these Terms of Use to use any information obtained from the siby in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than siby without its prior explicit consent. In order to protect its Users from such advertising or solicitation, siby 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 siby deems appropriate in its sole discretion. He understands that siby has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) 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, siby can (and he hereby expressly authorize siby to) disclose any information about him to law enforcement or other government officials, as siby, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

22. Charges for seller

       Membership on the Platform is free for seller. “siby” does not charge any fee for browsing and buying on the Platform. “siby”  reserves the right to change its Fee Policy from time to time. In particular, “siby” may at its sole discretion introduce new services and modify some or all of the existing services offered on the siby. In such an event “siby” 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 siby and such changes shall automatically become effective immediately after they are posted on the siby. Unless otherwise stated, all fees shall be quoted in Indian Rupees. He shall be solely responsible for compliance of all applicable laws including those in India for making payments to “siby” .

  • Payment Facility for sellers:

By performing any kind of transaction It shall be construed that

  1. He, as a seller, understands that upon initiating a Transaction he is entering into a legally binding and enforceable contract with the buyer to sell the products and /or services to the buyer using the Payment Facility, and he shall receive the Transaction Price through buyer’s Issuing Bank from the buyer using Payment Facility.
  2. He, as a seller, may agrees with the buyer 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.
  3. He, as a seller, shall electronically notify Payment Facility using the appropriate siby features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by him 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, seller is not required to confirm the delivery of products or services.
  4. He, as a seller, shall be liable to refund a claim of the Transaction Price (as his sole and exclusive remedy) in case he does not complete  the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier.
  5. He, as a seller, understands 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 he may not be liable to  refund in respect of the Transactions for those products and /or services
  6. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on siby, as chosen by buyer.
  7. For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
  8. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  9. 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).
  10. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, buyer shall be required to share alternate bank account details with siby for processing the refund.
  11. Refund shall be conditional and shall be with recourse available to siby in case of any misuse by seller.
  12. siby may also request seller for additional documents for verification.
  13. Refund shall be subject to seller complying with Policies.
  14. Siby reserves the right to impose limits on the number of Transactions or Transaction Price which siby 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 seller during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  15. Siby reserves the right to refuse to process Transactions by seller with a prior history of questionable charges including without limitation breach of any agreements by Buyer with siby or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  16. Siby may do such checks as it deems fit before approving the receipt of/seller liability  to receive (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of siby. As a result of such check if siby is not satisfied with the creditability of the seller or genuineness of the Transaction or other reasons at its sole discretion, siby shall have the right to reject the receipt of / seller’s liability to receive Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of siby.
  17. Siby may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if siby deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, siby may hold Transaction Price and siby 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.
  18. The Buyer and Seller acknowledge that siby 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 siby.
  19. He, as a seller, understands that 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 seller and the respective Issuing Bank and payment instrument issuing company.
  20. He, as a seller, understands that 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.
  21. He, as a seller, understands that 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.

Replacement Guarantee

Siby’s Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the siby. The return policy period (siby’s Replacement Guarantee) depends on the product category and the seller. If at the time of delivery and/or within the applicable return policy period, 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 the applicable return policy period 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.
  3. Following products shall not be eligible for return or replacement:
  4. Damages due to misuse of product;
  5. Incidental damage due to malfunctioning of product;
  6. Any consumable item which has been used/installed;
  7. Products with tampered or missing serial/UPC numbers;
  8. Digital products/services.
  9. Any damage/defect which are not covered under the manufacturer’s warranty
  10. 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;
  11. products which are ‘made to order’ on customer’s request
  12. On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions:
    1. Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
    1. Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
  13. Returns are not applicable for ‘Made to order’ jewellery, Innerwear, lingerie, socks, clothing freebies, etc

Damaged or defective or ‘Not as described’ products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee.

If siby has any 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 or not genuine, siby may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on siby will not be allowed to return their products.

siby 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, siby 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.

Force majeure 

Force Majeure: the sellers shall not be held responsible for late delivery or non-delivery of the goods owing to generally recognized “Force Majeure” cases.

It is construed that the buyer or seller has read all the terms and conditions before accepting the terms of use