Partner Terms of Use
Welcome to Yespoho India Pvt Ltd.
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND YESPOHO INDIA PRIVATE LIMITED. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAMME POLICIES FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH THE YESPOHO SITE.
For the purpose of the Agreement (hereinafter referred to as “Agreement”), wherever the context so requires, ‘Seller’, ‘Partner’, ‘you’ and ‘your’ shall relate to any natural, artificial, juridical or legal person who has agreed to become a seller on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean Yes!poho.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. The nature of this contract shall operate in form of a “click and wrap contact”.
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 to or usage of www.Yespoho.com website.
The domain name www.Yespoho.com (hereinafter referred to as 'Website') is owned by Yes!poho Inc, or Yespoho India Private Limited (hereinafter referred to as 'Yes!poho'), a company incorporated under the Companies Act, 1956, with its registered office at A5/A6 3rd floor Mourya Chambers, Muralinagar Junction, Vishakapatnam.
Your use of the Website, services, and tools is governed by the following terms and conditions (Agreement) including applicable policies 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 a transaction. By mere use of the Website you shall be contracting with Yes!poho, and these terms and conditions including the policies constitute your binding obligations to Yes!poho.
When you use any of the services provided by us through the Website including but not limited to (e.g. Guest reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the Agreement and considered a part and parcel of the Agreement. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Agreement at any time and without any prior written notice to you. It is your responsibility to review the Agreement periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the Agreement, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the Agreement, you also accept and agree to be bound by Yes!poho’s policies (including but not limited to Privacy Policy), as amended, from time to time.
Terms and Definitions
As used in this Agreement, the following terms have the following meanings:
"Affiliate" means with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with, such entity, except with respect to Yes!poho, "Affiliate" means solely its Affiliates domiciled in India.
"Associated Properties" means any website or other online point of presence, other than the Yes!poho Site, through which any Yes!poho Site or products or services available thereon are syndicated, offered, merchandised, advertised or described.
"Programme Policies" means, for the Yes!poho Site, all terms, conditions, policies, guidelines, rules and other information on the Yes!poho Site, including those shown on other parts of the website or elsewhere in the "Help" section or Your Account respectively.
"Sales Proceeds" means the gross sales proceeds paid by customers in the course of any of Your Transactions, including the Purchase Price, all shipping and handling, gift wrap and other charges, any taxes and customs duties.
"Partner Central" means the online portal and tools made available by Yes!poho to you, for your use in managing your orders, inventory and presence on the Yes!poho Site.
"Law(s)" means any law, ordinance, rule, regulation, order, licence, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.
"Local Currency" means Indian Rupees (INR).
“Service Terms" means the service terms specific to each Service set forth herein and made a part of this Agreement upon the date you elect to register for the applicable Service.
"Intellectual Property Rights" means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
"Technology" means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology or other functional item.
"Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under applicable Laws.
"Your Account" means the particular account in our systems, in which information about Your Transactions is recorded, and which is one of the online portals and tools which Yes!poho may make available to you, for your use in managing your orders, inventory and presence on the Yes!poho Site.
"Your Product" means any product that is made available for listing for sale, offered for sale or sold by you through the Selling on Yes!poho Service and/or fulfilled or otherwise processed through the Fulfilment by Yes!poho Service in connection with Your Account.
Enrolment
To begin the enrolment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business') legal name, address, phone number, e-mail address and applicable tax registration details, or any other relevant documents as and when requested to be provided even in future. We may at any time cease providing any or all of the Services at our sole discretion and without prior notice
Service Fee Payments
You are responsible for all of your expenses in connection with this Agreement, unless this Agreement provide otherwise. For the Yes!poho Site that you register for or use a Service in connection with, we may require you to submit valid credit card information from a credit card acceptable by Yes!poho the types and names of such acceptable credit cards will be displayed at the time of enrollment (with respect to such Yes!poho Site, "Your Credit Card") as well as valid bank account information for a bank account in your name that is with a bank located within India and enabled for Your Account (which functionality may be modified or discontinued by us at any time without notice) (with respect to the Yes!poho Site, "Your Bank Account"). You will use only a name you are authorized to use in connection with the Service and will update such information as necessary to ensure that it at all times remains accurate and complete. You authorize us to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). At Yes!poho's option, all payments to you will be made to Your Bank Account, via cheque or electronic transfers or other means as specified by us. You agree that Yes!poho shall not be liable for any failure to make payments to you on account of incomplete or inaccurate information provided by you with respect to Your Bank Account.
In addition to charging payable sums to Your Credit Card, we may instead choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or on your behalf to the logistics partner or to third parties, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt. Except as provided otherwise, all amounts contemplated for products listed on Yes!poho site as per this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency. If we discover erroneous or duplicate transactions, then we reserve the right to seek reimbursement from you by deducting from future payments owed to you, charging Your Credit Card, or seeking such reimbursement from you by any other lawful means; provided that the foregoing will not limit your rights to pursue any good faith dispute with Yes!poho concerning whether any amounts are payable or due.
If we reasonably conclude based on information available to us that your actions and/or performance in connection with the Agreement may result in a significant number of Guest disputes, chargebacks or other claims in connection with the Yes!poho Site, then we may, in our sole discretion and subject to applicable Law, delay initiating any payments to be made or that are otherwise due to you under this Agreement for the shorter of: (a) a period of ninety (90) calendar days following the initial date of suspension; or (b) completion of any investigation(s) regarding your actions and/or performance in connection with the Agreement. You agree that we are entitled to the interest, if any, paid on balances maintained as deposits in our bank accounts.
Partner Eligibility
The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Website, transact or use the Website. Yes!poho reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to Yes!poho’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the Agreement and you have the authority to bind the business entity to the Agreement.
Term and Termination
The term of this Agreement will start on the date of your completed registration for one or more of the Services (the "Effective Date") and continue until terminated by us or you as provided below (the "Term"). We may terminate or suspend this Agreement or any Service immediately in our sole discretion by notice to you for any reason at any time. You may terminate this Agreement or any Service for any reason at any time by the means then specified by Yes!poho therefor. Termination or suspension of a Service will not terminate or suspend any other Service unless explicitly provided. Upon termination, all rights and obligations of the parties under this Agreement will terminate. Any terms that expressly survive according to the applicable Service Terms will also survive termination
Representations
You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licenses and authorizations you grant hereunder; (c) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in your performance of your obligations and exercise of your rights under this Agreement; and (d) you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
Tax Matters
You are responsible for paying all fees associated with the use of the Website and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including the Central Goods and Service Tax Act, 2016 and Rules, notifications etc. thereunder from time to time, The Integrated Goods and Services act, 2017 and Rules, notifications etc. thereunder from time to time, and The State Goods and Services Tax Act and Rules, notifications etc. thereunder from time to time or other taxes arising from such sale. You are solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits.
Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of all value added, service, sales, use, goods and services tax and other similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, service, sales, use, goods and services tax or similar taxes from you, you will pay such taxes to us. You will provide all necessary information including goods and services tax registered address, registration numbers, invoice mismatch details in a timely manner, to enable us to provide, report or correct goods and services tax invoices. Based on information provided, Yes!poho will deduce the location of recipient, the billing details, place of supply and applicable taxes.
If for any reason, any income tax or withholding tax or tax collection at source or such other taxes under applicable Law are determined to be deducted and deposited on any payments or remittances to you, Yes!poho will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against Yes!poho.
It is our responsibility as the provider of the service to choose the most applicable product tax codes and assign Harmonized System of Nomenclature / Service accounting Code applicable for your listing, such that the correct tax rate is applied on all listings offered for sale by you.
For reporting transactions undertaken by you on the Yes!poho Site, you should consider the Merchant Tax Report (MTR) made available to you on Partner Central.
In case of any discrepancy in the reporting / returns filed by you and Yes!poho, you agree that you will resolve such discrepancy immediately and indemnify Yes!poho against any tax, interest and penalty payable in this regard.
Rules for Express Remittance for Qualified sellers
1. A seller agrees that Yes!poho may offer to provide Express Remittance to qualified sellers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Yes!poho, at its sole discretion, may make such an offer to qualified sellers and the same shall not be construed as a right but only as a privilege. Qualified sellers understand that Yes!poho reserves the right to withdraw Express Remittance at any time for any violation of the Agreement or Yes!poho’s policies and/or failure by qualified sellers to maintain or comply with the parameters as may be decided by Yes!poho from time to time.
2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf. For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by Yes!poho shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.
A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state ‘Powered by Yes!poho’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
3. In case of any chargebacks levied by the bank, Yes!poho shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Yes!poho shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Yes!poho has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Yes!poho to the seller.
4. Yes!poho may delay notifying the payment confirmation, i.e. informing seller to dispatch if Yes!poho deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Yes!poho may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
5. Sellers acknowledge that Yes!poho will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Yes!poho.
6. Yes!poho shall make payments into the bank account provided by a seller during the seller registration process. Once Yes!poho has made payments into such a bank account number, Yes!poho shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Modification
We may amend any of the terms and conditions contained in this Agreement any time and it is solely at our discretion. Any changes will be effective upon the posting of such changes on Partner Central or on the Yes!poho Site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. All notice of changes to the Agreement will be posted for at least 30 calendar days. Changes to Programme Policies may be made without notice to you. You should refer regularly to Your Account or Partner Central, respectively, to understand the current Agreement and Programme Policies and to be sure that the items you offer for sale can be sold via the Service in connection with the Yes!poho Site. YOUR CONTINUED USE OF A SERVICE AFTER YES!POHO'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
Password Security
Any password we provide to you may be used only during the Subsistence of the Contract between Yes!poho and you to access Your Account or Partner Central, respectively, (or other tools we provide) to use the Service, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You shall not disclose your password to any third party (other than third parties authorized by you to use Your Account in accordance with this Agreement) and you are solely responsible for any use of the account or action taken by misusing your password. If your password is compromised, you must immediately change your password.
Miscellaneous
This Agreement will be governed by the laws of India, Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the courts at Vishakhapatnam, regarding any dispute with Yes!poho relating in any way to this Agreement or your use of the Services. You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to make you enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.
Yes!poho retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Laws existing in India at the relevant time, or any items which falls outside the Yes!poho’s Item catalogue.
The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail. You agree we may communicate with you in English during the Term of this Agreement.
You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfill any requirements under applicable Laws.
We will send you all notices, updates and other communications (including transactional, promotional and/or commercial communication) at the e-mail addresses designated by you, or within Partner Central or to Your Account respectively, or on the mobile number provided by you or by any other means then specified to Yes!poho. For contractual purposes, you consent to receive such communications through any mode including SMS, e-mail, phone calls etc. If at any time, now or in the future, you decide to change your preferences, notify us in email.
You may change your e-mail addresses or phone numbers via Your Account. Please update these details (including your legal name and address) as often as necessary to ensure that they are accurate.
You must send all notices and other communication relating to Yes!poho to us by using the applicable Contact Us form. Please continue to use Partner Central’s Partner account as the primary means of managing your orders and account details.
This Agreement incorporates and you hereby accept the Terms and the applicable Programme Policies, which Yes!poho may modify from time to time. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.
Your Account and Registration Obligations
If you use the Website, you shall be responsible for maintaining confidentiality of your display name, login and password details and all activities that occur with the use of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Agreement, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.
Communications
When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that users utilize to meet and interact with one another for their transactions.
Use of the Website
You agree and understand that Yes!poho and the Website merely provide hosting services to its registered users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Yes!poho neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Yes!poho has no control over the third party user generated contents
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and over which you have no right;
is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is false, inaccurate or misleading in any way;
is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, 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’, unsolicited mass mailing, or ‘spamming’;
promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
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, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
contains restricted or password-only access pages, 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, providing or creating computer viruses;
contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent.
solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
interferes with another’s use and enjoyment of the Website;
refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of Agreement;
harms minors in any way;
infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
Impersonates another person;
Contains software viruses or any other computer codes, 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;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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 create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content or in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, 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) provided by the Website.
You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Yes!poho, , Yes!poho.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Yes!poho or sellers on the platform or otherwise tarnish or dilute any Yes!poho trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or 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 Yes!poho’s systems, networks, or any systems or networks connected to Yes!poho.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, 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 represent someone else or impersonate any other individual or entity.
You may not use the Website or any content for any purpose that is unlawful or prohibited by the Agreement or to solicit the performance of any illegal activity or other activity which infringes the rights of Yes!poho and/or others.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and 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 Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary lisences and permits regarding your use of our Website, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items 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.
Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information or in any media now known or not currently known with respect to your information. We will only use your information in accordance with the Agreement and privacy policy applicable to the use of the Website.
From time to time you shall be responsible for providing information relating to the items 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 items or services so as to mislead other users on the Website in any manner.
You shall not engage in advertising or solicitation of other sellers on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website. 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 the Agreement to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which you may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material 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 the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or legal notice. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem 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 have no obligation, to monitor the material posted on the Website. Yes!poho shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the Agreement. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not reflect Yes!poho’s views. In no event shall Yes!poho assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content 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 misleading, libelous, tortuous, or otherwise unlawful information.
It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do 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.
Yes!poho 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 (denial of service) / DDoS (Distributed Denial of Services).
Throughout the Agreement, Yes!poho’s prior written consent means a communication coming from Yes!poho’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization.
Selling (Partners)
As a registered partner, you shall list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website and must have all the necessary licenses and permits required for such sale. 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 any third parties. You agree to list the product for which you hold rights to sell and from time to time you maintain and manage the rights and produce it when required. Falsely listing products for which you do not hold rights will constitute a violation of the policy. Yes!poho can conduct audit on your products and when required can assign products to another seller should it identify that those products are not yours. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All items must be listed and must have appropriate details on the Website and all listed items must be kept in stock for successful fulfillment 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 amount that you may have received from the buyer. You agree to cater to all orders for which you had listed the product. In the event that you are not able to cater the order in a timely manner, as prescribed by Yes!poho, Yes!poho has all right to source the same product from other sellers and also penalize you for not catering to order(s) that are on your dashboard. You agree that you will pay the penalty for not catering to orders that were originally assigned or visible on your Dashboard. Yes!poho also has the right to switch products to another seller who owns the original product or can cater to the same product. You agree not to list a single product in multiple quantities across various categories on the Website. Yes!poho reserves the right to delete such multiple listings of the same product listed by you in various categories
All items purchased from the sellers through Yes!poho.com would be delivered by the sellers (delivery shall be further facilitated by Yes!poho Internet) to the carrier/logistics partner on behalf of such buyers. Yes!poho uses a preferred logistics partner who will act as the carrier for the buyers. Please refer to Logistics Section for information for more information.
Compliance on selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes leviable on the supplies and remittance of the same to the Government. Yes!poho shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
It is clearly stated that Yes!poho is no way accountable for the non remittance made on behalf of the seller. And seller agrees to indemnify for any loss to be caused due to the default committed by the seller.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Yes!poho to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
You shall also be required to provide your GSTIN other applicable laws, without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transaction on your account will be blocked and orders will not be processed on your account.
In the event of any conflict between the terms of this clause and any other clauses with in this agreement, this clause will prevail.
‘Logistic Partner’ shall mean a logistic service provider approved by Yes!poho India Private Limited.
It is mutually understood and agreed that the Yes!poho and the logistics are not bound by any subcontracts, or there is no principal agent relationship. It is to be noted that the operations of Logistics partner are to be considered as of a separate contract between the seller, Logistic partner and the buyer. Therefore, the nature of this contract is of Principal to principal basis.
You are requested to read the following points carefully before booking the consignment:
Logistic Partner accepts documents for shipping from one destination to other. You may carefully note that your consignment must not contain any letter of communication which will infringe the Indian Postal Act 1983. We accept parcels in good faith that they do not contain anything, which will violate the law.
'Shipment / Consignments' means all parcels (excluding documents) that travel under one waybill and which may be carried by any means we choose, including air, road or any other carrier. A 'waybill' shall include any label produced by us under automated systems, air waybill, or consignment note and shall incorporate the Agreement. Every Shipment is transported on a limited liability basis as provided herein. If a shipper requires greater protection, seller has to insure their respective consignments.
Shipments are delivered only to the receiver`s address given by the seller but not necessarily to the named receiver personally.
Consignments, which are of hazardous nature (Chemicals, flammable articles and liquids) expressly prohibited by the railway/airport authority or any other transport agency, shall not be accepted.
You shall not enclose cash in the courier consignment and not book jewels, textiles, high value gift articles, share certificates and travel documents.
You shall declare the value of the consignment on the consignment note & shipping label at the time of booking.
You shall ensure that the consignment is properly packed with thick paper material to avoid damage. You shall use either plain packaging material (without any branding) or packaging material with “Yes!poho.com” name and/or logo for delivery of Products sold on the Website. Under no circumstances shall the packaging material contain name, trademarks, logos, images, symbol, text, graphics, photographs and/or other material or information belonging to any third party including any marketplace other than Yes!poho.You shall be penalized for such acts and omissions.
If more than one consignment is booked to the same consignee on different airway bill numbers, you shall ensure that the full address is written on all the consignments.
You have to hand over all their consignments before the specified CUT-OFF-TIME for on time delivery.
On sale of the goods to the buyers, the risk of loss and title for such items pass on to the buyers upon the delivery to Logistics Partner (ie, the carrier) by the seller. The sellers through Yes!poho portal would engage Logistics Partner as a carrier for delivery of goods on behalf of the buyers. Logistics Partner shall raise the invoice on Yes!poho Internet for onward delivery of such goods. In the event there is any damage or loss caused to the goods during shipment, then a claim may be made to Logistics Partner as the carrier for any sort of compensation.
Logistics Partner would also be responsible for reverse logistics of goods (on account of goods being rejected or returned/loss of labelling containing the details of the Guest, etc). In case of such reverse logistics, Logistics Partner will raise its invoice for service charges on Yes!poho portal.
Logistic Partner shall not be liable for any loss arising due to the causes beyond its control such as floods, accidents, fire, theft, war etc.
Every effort is made to adhere to the delivery schedule, but it may be delayed in the circumstances beyond Logistic Partner’s control.
Any charges levied by any Central/State/Local Authorities in respect of the transportation wherever applicable shall be extra and the seller shall pay it in Indian National Rupees.
Logistic Partner is not liable for any loss, miss-delivery, delay or damage to any article/things/documents sent and no officer of Logistic Partner is liable for any such loss or delay or damage.
Logistic Partner has the right but not the obligation, to inspect any shipment without prior intimation to the seller for checking the contents.
All matters of business should be settled within the jurisdiction of the booking station.
Parcels shall be accompanied by the documentation necessary for the movement of goods as prescribed by the Govt. of India/respective State Governments to meet the requirements of tax authorities or as per the provisions prescribed under GST laws across the States
Consignments addressed to a Post Box Number cannot be delivered.
Seller shall indemnify and hold us harmless for any loss or damage arising out of seller’s or Shipper’s failure to comply with any applicable laws or regulations and for breach of the following warranties and representations:
All information provided to Yes!poho is complete and accurate;
the shipment was prepared in secure premises by seller’s employees;
the seller employed reliable staff to prepare the shipment;
the seller protected the shipment against unauthorized interference during preparation, storage and transportation to us;
the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
all applicable laws and regulations have been complied with;
The invalidity or unenforceability of any provision herein shall not affect any other part of this Agreement. On such notice of invalidity or unenforceability, Yes!poho reserves the right to send a legal notice and subsequently terminate the contract for such a breach. Basing on repeated occurrence of abovementioned breach, Yes!poho reserves a right charge penalty based on its discretion.
Dead/dry weights or volumetric weight, whichever is higher, will be charged & considered while calculating the weights & rates and will be billed to next higher half or one kg. The final weights will be marked by Logistic Partner itself. Any discrepancies in weight shall be rectified before final delivery to the Guest. No post delivery weight disputes will be taken up by us.
All non-document consignments must accompany all statutory declarations and invoices for speedy regulatory clearances.
Seller has to provide at least 2 copies of invoice/declaration to facilitate delivery.
Regular pick up will be carried out on the business days. Transit time will not include non –business days.
Notwithstanding anything contained anywhere or earlier agreed between the parties, any consignment which is returned back to origin (RTO) for any reason whatsoever shall be chargeable at the same rate at which the consignment was initially booked by the seller and the seller shall be liable for the payments of such RTO service charges without raising any objections or disputes whatsoever.
Logistic Partner will process all the parcels and process through its various branches.
Logistic Partner may provide web based online tracking for the shipments carried in its network.
Guest may be provided facility to pay in cash or through card wherever possible for Cash on Delivery shipments. Logistic Partner will be liable for the damage to the shipment only if shipment has been identified as “damaged” by Logistic Partner before delivery to Guest or Guest has rejected the shipment with reason as “damaged shipment”. In such a case logistic partner is liable for compensation of reverse logistics also.
Logistic Partner will not take any responsibility of damage to shipments for reverse pickup from Guest or Guest rejection of shipment at the time of delivery unless the same is on account of damage caused by Logistic Partner.
The first attempt for delivery of shipment shall be made by Logistic Partner within 7 business days after pickup from the location.
Once a reverse pickup request is received by Logistic Partner, first pickup attempt for reverse pickup from consignee will be made within the next two business days.
If shipment could not be picked up from consignee location because of reasons beyond Logistic Partner’s control, Logistic Partner will not be held responsible for the same.
Logistic Partner reserves the right to cancel the reverse pickup request without any prior intimation.
Notwithstanding anything contained herein, above section for Logistics will not apply to products serviced and fulfilled through dropship by affiliates and such products will be governed by Yes!poho Seller (Affiliate) contract
Content Posted on the Website
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and Yes!poho has no control over such third-party generated content as Yes!poho is merely an intermediary for the purposes of this Agreement. Except as expressly provided in the Agreement, no part of the Website and 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, distribution or any commercial enterprise without Yes!poho’s prior written consent.
You may use the information on the products and services made available on the Website for downloading provided you:
do not remove any proprietary notice language in all copies of such documents;
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 to any media;
make no modifications to any such information; and
do not make any additional representations or warranties relating to such documents.
You shall be responsible for any content posted or transmitted on the Website by you. 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 purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with our privacy policy and rules of conduct on the Website as mentioned herein, and you are not entitled to any payment or other compensation for such use.
License
You grant us a royalty-free, non-exclusive, worldwide, irrevocable right and license during the subsistence of this Contract and for as long thereafter as you are permitted to grant the said license under applicable Law to use, reproduce, perform, display (public communication), distribute, adapt, modify, re-format, create and exploit derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our Affiliates and operators of Yes!poho Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using the standard functionality made available to you via the applicable Yes!poho Site or Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party).
Limitation of Liability
WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF YES!POHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FURTHER, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO YES!POHO IN CONNECTION WITH THE PARTICULAR SERVICE AND THE YES!POHO SITE GIVING RISE TO THE CLAIM.
Indemnification
You release us from, and agree to indemnify, defend and hold us harmless (and our officers, directors, employees, agents and Affiliates) against, any claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any sales channels owned or operated by you, Your Products (including the offer, sale, fulfilment (except with respect to those of Your Products that are fulfilled using the Fulfilment by Yes!poho Service, if any), refund, adjustment, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death or property damage related thereto; or (c) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we determine in our sole discretion that any indemnified Claim might adversely affect us, we may take exclusive control of the defence at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
Disclaimer
a. THE YES!POHO SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU ACCESS THE YES!POHO SITE, THE SERVICES AND ANY ONLINE PORTAL OR TOOL PROVIDED BY YES!POHO TO HELP YOU AVAIL THE SERVICES AT YOUR OWN RISK. WE AND OUR AFFILIATES WAIVE AND DISCLAIM: (1) ANY REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES, DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE YES!POHO SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS.SOME JURISDICTIONAL LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY. IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT.
Confidentiality
During the course of your use of the Services, you may receive information relating to us or our Affiliates or to the Services that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain Yes!poho's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. Yes!poho is not an auctioneer, neither is it an intermediary between the customer and the seller. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us.
Force Majeure
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
Privacy
Protection of your privacy is of utmost importance to us. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder. Our current privacy policy is available on privacy policy section. If you object to your information being transferred or used in this manner, please do not use the Website.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide your access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Yes!poho is a social platform that aims to improve the livelihood of artisans such as yourself and we may at times use your profile picture and/or your products to raise funds that would explicitly cover you and your well being. Yes!poho agrees that any funds raised for such purpose will not be used by Yes!poho for its own operations or anything else other than to the cause for which those funds have been raised. If you object to your information being transferred or used in this manner, please do not use the Website.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to Legal Notices, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur then that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
Types of Selling Partners
Our partners and affiliates sell similar products. Within each category, we could have multiple sellers selling the same product.
Preferred Selling Partner
In case of multiple sellers selling the same product, preferred seller is one who is shown at the top of the sellers’ list. This is computed based on the following parameters:
defect rate (calculated based on the total number of cancellations, returns, disputes, and poor ratings for a seller);
time elapsed since last successful sale (it is applicable to only those sellers who have successfully completed 30 orders); and
such other parameters as may be specified from time to time.
Trusted Selling Partner
Sellers trusted by Yes!poho to sell have a Yes!poho trusted-seller badge associated with them. Sellers become eligible if they meet the following criterion -- less than 5% defect rate consistently for more than 6 months or such other parameters as may be specified from time to time
Certified Selling Partner
Certified sellers on Yes!poho have exclusive features like ‘Wallet’, ‘Store credit’, ‘Gift card’, and more. Sellers become eligible if they meet the following criteria:
less than 5% of defect rate consistently for more than 6 months;
selling in all the categories listed on Yes!poho; and
such other parameters as may be specified from time to time.
The final call on Preferred, Trusted and Certified sellers is Yes!poho’s sole discretion.
The designation of these names is only to notify the user that the products of those sellers have been sold consistently with less/no reports of damage. However the designation of names to such sellers will not create or shift the liability on Yes!poho on occasion of any damage to the product.
Payment
1. 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 sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Yes!poho liable or responsible for 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 the Website.
2. You have specifically authorized Yes!poho or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Yes!poho is on a principal to principal basis and by accepting the Agreement, you agree that Yes!poho is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Website and paid for by using the payment facility. Yes!poho does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by Yes!poho is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Yes!poho neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
4. You understand that Yes!poho will credit to your account once the order is completed and payment from customer has been credited into Yes!poho’s account. The timeline of the amount showing in Yes!poho’s account depends on the payment method used the customer and also by Shipper who provided the service. Yes!poho will not be able liable for any delays in the payment as a result of such delays. Usually, the payments are received from customer into Yes!poho account within 2 through 45 days maximum.
5. You also understand that any exchanges and returns from customer due to bad product or poor quality will be honored after working with you, supplier, any defects will be charged as a fee during payment. You agree that you will ensure that all products you showcase on the platform is available all the time and it is your responsibility to maintain the quantity of the inventory on the platform.
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Yes!poho’s sole discretion.
Pricing Structure
Commission - Percentage of Order item value (clarify %)
Shipping Fee – Calculated based on the basis of product weight and shipping location
Payment Gateway – Fees collected on bank charges on cash collected charges
Charge backs – Fees levied by banks for charge back arising from Guest dispute(s)
Shipping Fee
To ensure ease of selling and the best possible Guest experience, we mandate delivery to all Guests via our logistics partners and deduct the shipping cost from the selling price before making a payment to you.
Shipping fee is calculated on actual weight or volumetric weight, whichever is higher. This is to account for items which are lightweight but occupy a lot of shipping space.
Volumetric weight is calculated as below.
"Volumetric Weight (kg) = L*B*H (Length x Breadth x Height)/5000 where LBH are in cm"
Every new seller will be tiered as a Bronze seller. Basis set performance metrics, the seller can move to Silver or Gold tier during the quarterly refresh.
The below shipping rate for forward shipments is applicable for Bronze Sellers only. There is 30% and 20% discount on the forward shipping fee for Gold and Silver Sellers respectively.
The following rates are exclusive of all taxes.
|
Within City |
Zone |
Metro |
ROI |
Special |
Type of transportation |
Weight |
|
38 |
48 |
58 |
65 |
|
Air lift |
500g |
|
110 |
110 |
110 |
110 |
|
Surface |
2kg |
|
55 |
55 |
55 |
55 |
|
Surface |
Additional 1kg |
|
180 |
200 |
220 |
230 |
|
Surface |
10 Kg |
|
11 |
13 |
15 |
16 |
|
surface |
Additional 1kg |
The rates mentioned above are specific rates levied by the Logistic Partner and Yes!poho is in no way concerned with the Shipping Rates levied on the transportation of goods and these rates are subject to change by our Logistics partner from time to time.
Sales Proceeds
Nodal Account. Remittances to you for Your Transactions (excluding COD transactions) will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. Remittance to you for COD transactions shall be made through the online bank or any other mutually agreed and other means used to transfer to Your Bank Account. You hereby agree and authorize us to collect payments on your behalf from customers for any sales made through the COD mechanism. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with this Agreement to a bank, auditor, processing agency, or third party contracted by us in connection with this Agreement.
Subject to and without limiting any of the rights we may hold back a portion or your Sale Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfilment of delivery to the customers of your Products keeping in mind the period for refunds and chargebacks.
Except as otherwise stated in this Agreement, you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you.
Return and Refunds
Yes!poho’s member guests have 365 days from the date of purchase to return the Product. The following conditions, however apply to products that are eligible for a return:
Returns must be unworn
In the state it was received
In original packaging
It should not be altered before shipping
Made to Orders or Custom orders are not eligible for Returns or exhanges as the original state of the product is altered to suit guest needs
Any free items included in the original shipping should also be returned.We will inspect all items that are returned and will process a refund within 7 business days provided all items are in Delivered condition.
In situations relating to Yes!poho Fulfilment Units where the wrong item was delivered or the item was damaged or lost or is missing, unless we determine that the basis for such request is caused by you or any of your employees, agents or contractors, we will, as your sole and exclusive remedy and at our option for any Yes!poho Fulfilment Unit (i) ship a replacement Unit to the customer and pay you the applicable Replacement Value for the replacement Unit or (ii) process a refund to the customer
Any member refund will be processed in accordance with the Selling on Yes!poho Service Terms. Notwithstanding the terms of the Selling on Yes!poho Service Terms, we will be entitled to retain the applicable Fees payable to us under the Selling on Yes!poho Service Terms and these Service Terms, respectively. Except as expressly provided, you will be responsible for all costs associated with any replacement or return
Guarantee and Chargebacks.
If we inform you that we have received a claim under the "Yes!poho Guarantee" offered on the Yes!poho Site, or any chargeback or other dispute, concerning one of Your Transactions, you will deliver to us: (a) proof of delivery of Your Product(s) (as applicable); (b) the applicable Yes!poho order identification number; and (c) a description of Your Product(s) (as applicable). If you fail to comply with the prior sentence, or if the claim, chargeback, or dispute is not caused by: (d) credit card fraud ; or (e) our failure to make your Order Information available as the same was received by us or resulting from address verification, then you will promptly reimburse us in accordance with the Service Fee Payments section of the Business Solutions Agreement for the amount of the customer purchase (including the Purchase Price, all associated shipping and handling charges and all taxes, but excluding any associated Referral Fees retained and not subject to refund by Yes!poho) and all associated credit card association, bank or other payment processing, re-presentment and/or penalty fees associated with the original purchase and any chargeback or refund, in each case to the extent paid or payable by us or our Affiliates.
Prepaid Payment Instruments
Yes!poho may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Website to users. Any purchases by buyers on the Website using the prepaid instruments shall be governed by the following terms and conditions:
Such prepaid instruments may be used to make payments for the products purchased on the Website
Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Website.
Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.
If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
Prepaid instruments cannot be redeemed for Cash.
Yes!poho is not responsible if prepaid instruments are lost, stolen, or used without permission.
Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
Purchases of prepaid instruments are not eligible for cashback offers.
All sellers on the Website will accept this prepaid instrument as a payment instrument.
Yes!poho will be responsible for making payments to sellers.
Yes!poho will make payments to sellers whose products have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.
Charges
Registration on the Website is free. Yes!poho does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this Agreement. Yes!poho reserves the right to change its fee policy from time to time. In particular, Yes!poho 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, Yes!poho 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 (INR) and payable to Yes!poho. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Yes!poho.
Compliance with Laws:
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 there under, The Central Goods and Sales Tax Act,2016 and rules, notifications , byelaws , The Integrated Goods and Services act, 2017 and Rules, notifications etc thereunder from time to time, and The State Goods and Services Tax Act and Rules, notifications etc made under the Act from time to time, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and Payment and settlement Act 2007 and rules, notifications , byelaws etc made under the Act from time to time and other local laws of the land applicable from time to time.
All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports 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 a seller buyer and the respective issuing bank.
Audits
Yes!poho shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Yes!poho approved third party testing agencies. Cost of such audit shall solely be borne by Yes!poho unless audit reflects discrepancy in seller accounts / non-compliance with Yes!poho’s seller policies, in which case cost of audit shall be borne by the seller.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:
1. if you breach the Agreement, privacy policy or other policies (if any);
2. if we are unable to verify or authenticate any information you provide; or
3. if it is believed that your actions may cause legal liability for you, other users, or us;
We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the Agreement, privacy policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police authorities or other authorities for initiating criminal or other proceedings against you.
Indemnity
You shall indemnify and hold harmless Yes!poho its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the Agreement, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
Trademark complaint
Yes!poho respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Yes!poho at trademark@Yes!poho.com.
Copyright complaint
Yes!poho respect the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Yes!poho at copyright@Yes!poho.com.
Trademark, Copyright and Restriction
The Website is controlled and operated by Yes!poho and products are sold by respective registered sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Yes!poho’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
IN NO EVENT SHALL YES!POHO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, HIDDEN, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE AGREEMENT, EVEN IF YES!POHO HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Law
The Agreement shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Vishakapatnam.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Yes!poho makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Yes!poho is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Effect of Termination
Upon termination of those Selling on the Yes!poho Site, all rights and obligations of the parties with regard to the Yes!poho Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
Guest Service
Yes!poho will be responsible for and have sole discretion regarding all Guest service related issues including, but not limited to packaging, handling and shipment of products, returns, refunds and adjustments related to Yes!poho. We will have the right to determine on your behalf, whether a Guest will receive a refund, adjustment or replacement for any Yes!poho service and to require you to reimburse us where we determine you have responsibility in accordance with the Agreement (including these Service Terms and the Programme Policies for the applicable Yes!poho Site).
You will be responsible for GST related Guest service enquiries including but not limited to pricing and tax obligations including but not limited to GST, sales, service and goods and services taxes invoices and credit memos. You will be responsible for all the implications of tax under existing tax regime i.e. Under the Central Goods and Service Tax Act, 2016 and Rules, notifications etc. thereunder from time to time, The Integrated Goods and Services act, 2017 and Rules, notifications etc. thereunder from time to time, and The State Goods and Services Tax Act and Rules, notifications etc. thereunder from time to time, applicable under the respective state/states and further on for raising invoices and credit memos.
In situations relating to Yes!poho products where the wrong item was delivered or the item was damaged or lost or is missing, unless we determine that the basis for such request is caused by you or any of your employees, agents or contractors, we will, as your sole and exclusive remedy and at our option for any Yes!poho Fulfilment Unit (i) ship a replacement Unit to the Guest and pay you the applicable Replacement Value for the replacement Unit or (ii) process a refund to the Guest and pay you the Replacement Value for the Unit. Any Guest refund will be processed in accordance with the Selling on Yes!poho Service Terms. Notwithstanding the terms of the Selling on Yes!poho Service Terms, we will be entitled to retain the applicable Fees payable to us under the Selling on Yes!poho Service Terms and these Service Terms, respectively.
If we provide a replacement Unit or refund as described in the preceding sentence to a Guest and that Guest returns the original Unit to us, we will be entitled to dispose of /destroy the Unit, or, if it is a Sellable Unit, we may, at our option, place such Unit back into inventory in accordance with Guest Returns Policy. If we do put it back into your inventory, you will compensate us for the applicable Replacement Value of the returned Unit. Any replacement Unit shipped by us under these Service Terms will be deemed to be, and will be treated in the same manner as, an order and sale of such Unit from you to the Guest via the Yes!poho Site in accordance with the Agreement and your Seller Agreement, and will be subject to all terms and conditions applicable thereto.
Yes!poho Credit Card Fraud
Shopping on Yes!poho.com is safe. Every credit card purchase is covered by our Safe Shopping Guarantee:
In the event of any credit card fraud, Yes!poho undertakes to assume responsibility to the extent of lodging a complaint in the local jurisdiction of the cyber cell and also initiating proceedings under banking Ombudsmen and also undertakes to co-operate with the Authorities during the course of investigation.
In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Shop Safely and Securely:
Yes!poho.com takes great pride in offering a safe and secure online shopping experience.
We understand that the safety of your personal information is extremely important to you. We use a wide array of electronic and physical security measures and devices to protect your personal data and credit card information from unauthorized access.
Yes!poho.com uses Secure Sockets Layer (SSL) technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information, including passwords and credit card numbers, during your online transactions. All of the forms on our site are secured with SSL technology so your personal information stays safe and out of malicious hands.
VeriSign,
Inc. is a technology company that specializes in data encryption and
e-commerce. It is one of the most recognized companies for certifying
that a website is secure and encrypted. With VeriSign, you can feel
confident shopping on our website!
Yes!poho.com servers are protected by secure firewalls—communication management computers specially designed to keep information secure and inaccessible by other Internet users. So you're absolutely safe while you shop.
SSL Technology, Trustwave, and Industry Standard Firewalls all work together to ensure your privacy and to assist in protecting your personal data.