Seller Agreement

Seller Agreement

Introduction
Agreement

Seller Services General Terms

Business solutions agreement

DirectCreate, ("DirectCreate", "our, "us" or "we")

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 direct create 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 direct create site.

As used in this Agreement, "we," "us," and "Direct Create" means the Direct Create Private Limited company named in the applicable Service Terms. Capitalized terms have the meanings listed in the Definitions below. If there is any conflict between these General Terms and the applicable Service Terms, the Service Terms will prevail.

  1. Acceptance of this Agreement directly or indirectly shall include your affirmative action of clicking on “I Accept/I Agree” provided at the end of the Agreement;
  2. Agreement shall mean this Seller Agreement in its entirety and shall include any amendment thereto, from time to time;
  3. Buyer shall mean the person who accept the Seller’s offer to purchase the product through the Website or Application.
  4. Product(s) shall mean the goods inclusive of customized goods as exhibited and offered by the Seller for sale on the website or application.
  5. Selling Price shall mean the price of the goods as exhibited on the website or application

The General policies applicable for all the visitors, users and members of Direct Create as regards to its software, mobile or web application/s, website and offline resources and marketplace are an integral part of this agreement. In addition to these General policies there may be specific policies governing separate “Programmes” or “Services” (Programme Policies) of Direct Create. These Specific policies shall form an integral part of this agreement in as much as it applies to Sellers.

The Policies which are part of this agreement include but not limited to – Terms of Use, Privacy Policy, Software Terms, Community Policy, The Specific Polices which applies to Sellers which are an integral part of this agreement, include but is not limited to - Listing Policy-Sellers, Returns and Refunds,etc.

Personal Information that

Direct Create gathers

The information gathered from the customers is used to assist sellers in handling orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records, customize future shopping for you and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. The information is also used to prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or any other miscellaneous functions on our behalf.

LISTING, SALE AND DELIVERY OF THE PRODUCT
  1. By exhibiting and listing any Product on the Website or Application, you hereby agree to make an “Offer to sell” of your Product to the users of the Website or Application. Further, if such offer is accepted by any user, the same shall be binding upon you.
  2. The product shall be authenticate in nature in terms of brand name, specifications, images and costing of the product. The description of the product shall be done by the way of text descriptions, images or videos.
  3. The Seller hereby agrees that the product description shall not be misleading in nature, if contrary, the Seller shall refund and permit us to refund any amounts to the buyer.
  4. The Seller hereby agrees that the Consent has been obtained for exhibiting or listing the product on the Website or Application. Further, we would not be liable for claims of any manner, whatsoever, if being raised by the third party pertaining to exhibiting or listing of the Product.
  5. The Seller shall be solely responsible for updating the availability of the products on the website or application.
  6. The seller shall ensure that the products are timely dispatched and delivered to the user.
  7. The Seller also agrees not to exhibit, advertise or list all the illegal products on the website or application. Further, if we find any such products, we shall have all the legal remedies under the applicable laws and this Agreement.
Automatic Information

We receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your Web browser accesses Direct Create or our partner site/s or advertisements and other content served by or on behalf of Direct Create on other Web sites.The designated account shall be only in the name of the Seller in accordance with the applicable laws.

We also collect information about your interaction with our Services, your advertising preferences, and your communications with us. This is information we receive from the devices (including mobile devices) you use - when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services. This information comprises the following: Device ID or unique identifier, device type, ID for advertising, and/or unique device token.

Geo-location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device's settings' menu.

Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information.

E-mail Communications

The seller while communicating through E-mails with us consent to receive communications via electronic records. Further, the seller also hereby acknowledges to waive off all the rights to challenge the service of documents, if the same is served via electronic records.

Further, we might receive information about you from other sources and add it to our account information.

We may supplement the information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publically available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws.

We may allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites might provide us with the access to certain personal information retained by them about you. We control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to your personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we may collect, use and retain the information provided by these social media sites.

If you provide us with the personal information about someone else, you shall do so only with their explicit and prior consent. You have to inform the person the way we collect, use, disclose, and retain their personal information according to our Privacy Policy.

Direct Create’s use of Cookies

Please refer to our Cookies Policy.

Sharing the Information we receive

Information about our customers is an important part of our business and we are not in the business of selling it to others. Direct Create shares customer information only as described below and with associates or partners under the control of Direct Create Private Limited (such as its subsidiaries/agents) and that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

Affiliated Businesses We Do Not Control

We work closely with affiliated businesses. In some cases, such as Marketplace sellers, these businesses operate stores at Direct Create or sell offerings to you at Direct Create. In other cases, we provide services jointly with or on behalf of these businesses. When a third party is involved in your transactions we share customer information related to those transactions with that third party.

Third Party Service Providers

We employ companies and individuals to perform functions on our behalf. Viz. fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. The Sellers would be provided access to personal information needed to perform their functions, which they shall not use for any other purposes without our explicit consent.

Promotional Offers

Sometimes we send offers to selected groups of Direct Create customers on behalf of other businesses. While sharing, we do not share the detail business your name and address. If you do not want to receive such offers, please adjust your Communication Preferences.

Commercials, Tax Matters and Audit
  1. We shall charge Marketing Fees, Logistic Service Provider Fees, and any other fees as applicable and agreed by the Seller and us in the electronic communications. We shall have the right to amend the fee or introduce any new fee with a prior notice.
  2. The seller shall be solely responsible for collecting and paying any taxes of any manner whatsoever in accordance with the applicable laws.
  3. We shall have the right to inspect your records and premises/place of business from where the products are dispatched.
CONFIDENTIALITY

The Seller hereby agrees not to disclose any of the accessed Confidential Information whether it be of the User or of Direct Create.

INDEMNIFICATION

The Seller shall indemnify and hold us harmless against any losses, damages, settlement, costs, taxes, penalty and expenses etc. Further, the Seller shall ensure that Direct Create is not made a party to any third party claims.

TERMINATION

We can terminate the agreement by giving a Seven days notice to the Seller in case of any breach of the terms of this Agreement.

Business Transfers

As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Direct Create.com, and all of its assets are acquired, customer information will of course be one of the transferred assets.

Protection of Direct Create and Others

We release account and other Personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of Direct Create, our users or others. This includes exchanging information with other companies, organizations, government or regulatory authorities for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.

Service Providers and financial institution partners

Third party service providers who help us to provide our Services, payment processing services, logistics, packaging and handling, insurance, or other value added services, assist us in providing customized advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our User agreement and/or security breaches, bill collection, affiliate and rewards programs, co-branded products/services and other business operations can use your personal information to send you marketing communications only if you have requested their services.

Third party financial institution partners who may offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third party financial institution partners will use your personal information to send you marketing communications only if you have requested their services.

Regulatory/Compliance related sharing of Information

We may be required to share any of your aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. You agree and consent for Direct Create to disclose your information, if so required under the applicable law.

To comply with our legal requirements, enforce our User Agreement, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.

To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history to credit agencies or bureaus as authorized by applicable national laws (e.g. information on late or missed payments or other defaults on your account that may be reflected in your credit report or file) to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal procedure, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Security of Information

We work to protect the security of the User’s information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information the User inputs in addition to maintaining security of information as per the International Standard IS/ISO/IEC 27001 on "Information Technology Security Techniques Information Security Management System-Requirements".

If the User has asked us to store credit/debit card information for quick check out or other purposes, we reveal only the last four digits of the credit/debit card numbers when confirming an order. Of course, we transmit the entire information to the appropriate credit card company during order processing.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

Third-Party Advertisers and Links to Other Web sites

Our site may include third-party advertising and links to other Web sites. For more information about third party advertising on Direct Create, including personalized or interest-based ads, please read our policy on Ads.

This Privacy Notice addresses only the use and disclosure of personal information that you provide to Direct Create or that we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply.

Direct Create cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. This is true even where the third parties to whom you disclose personal information are members, buyers or sellers on our sites.

Other user’s access of your personal information on our sites/applications when you share information.

Other users have access to the information you share on Direct Create. For example, other users can see your purchases, items for sale, your collections, your portfolio, projects, names and IDs of sellers and collections you follow, storefronts, Feedback, ratings and associated comments. Other users can also see any information you chose to share in your profile or your collections.

To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information as necessary to facilitate your transactions and collect payments. However, when users are involved in a transaction, they have access to each other's name, User ID, email address and other contact and shipping information.

How you should use the information you receive on Direct Create

When you are in a transaction with another user, we enable you to obtain or we may provide you with the personal information of the other user (such as his/her name, account ID, email address, contact details, shipping and billing address) to complete the transaction. We encourage you to inform the other user about your privacy practices and respect his/her privacy. In all cases, you must give the other user a chance to remove himself/herself from your database and give him/her a chance to review what information you have collected about them. You may use the personal information that you have access to only for Direct Create authorised transaction-related purposes, or for other services offered through the website or application and for purposes expressly consented by the user to whom the information relates. Using personal information of other users that you have access to for any other purpose constitutes a violation of our user agreement.

Communication preferences

You can control the methods by which we may contact you about your account, and your buying and selling activities in the Communication Preference section within your Direct Create Profile or via electronic records.

Marketing

This Agreement will also govern the marketing relationship between the Seller and Direct Create.

Advertising

If you do not wish to participate in our advertising personalization programs, you can opt out by following the directions provided within the applicable advertisement, or directly in your profile section at our site. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes). In addition to that, we do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.

Notices and Revisions

If the Seller has any concern about privacy or grievances at Direct Create, please contact us with a thorough description of the problem and we shall try to resolve the same at the earliest. Our business changes constantly and our Privacy Notice and the Conditions of Use will change simultaneously. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes.

Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without giving a reasonable opportunity to you to review the changes and communicate your decisions.

GOVERNING LAW

This Agreement shall be interpreted under and governed by the laws of the India as applied to an agreement made and wholly performed within the said State.

WAIVER

Failure to enforce compliance with any terms or conditions of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.

SEVERABILITY

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.