Seller Policy

THIS AGREEMENT/DEED/ACCESSION/AFFILIATION IS BEING ENTERED AMIDST EONMART.COM WHICH IS AN APPURTENANCE AND SUBSIDIARY OF EONMART INC (here-in-after being referred as “THE FIRST PART” which name shall be all-embracing and compendious of its legal representatives, executors, successors, nominees and representatives as may deemed appropriate)WITH EMPLOYEE IDENTIFICATION NUMBER AS 82-4417161 AND THE “SELLER” (which name shall be inclusive and comprehensive of any sole proprietor, any body-corporate, any partnership, any limited liability partnership, any association of persons, any body of individuals or any other person as being envisaged and contemplated or any other law being in force for the time being; here-in-after being referred to as “THE SECOND PART”) AND THE FIRST PART and THE CUSTOMERS OF THE FIRST PART. ANY PERSON WHO PURCHASES ANY ITEM/SEGMENT SHALL BE DEEMED TO BE THE CUSTOMER OF THE FIRST PART FOR THE PURPOSE OF THIS AGREEMENT/DEED/ACCESSION/AFFILIATION.

CLAUSE OF UTMOST ASSERVATION AND AFFIRMATION-:

A.)This AGREEMENT/DEED/ACCESSION/AFFILIATION is being/ shall for reference in future be and here-by in an explicit and absolute manner be governed and shall be in the jurisdiction and judicature of the US Constitution in its entirety with its seat being specifically, categorically and distinctly being subjected to the jurisdictional command and magistracy at NEWYORK (U.S.A).

b.) The AGREEMENT/DEED/ACCESSION/AFFILIATION in its entirety or in parts can not be either implicitly or expressly (vividly) be challenged in any court of law OTHER THAN NEWYORK JUDICATURE.

c.)If any other terms/ parts/ component of this AGREEMENT/DEED/ACCESSION/AFFILIATION is not being enforced or implemented by THE FIRST PART then it does not in any way/manner waive/ repudiate/shun/ eschew their right to actualize such implementation at any point of time in future without any prior information to THE SECOND PART.

CLAUSES OF WORKING AND FUNCTIONING -:

CONSCRIPTION AND ENLISTING

The registration procedure shall constitute the completion and fulfillment of the Registration procedure which shall be explained at Eonmart Registration Procedure and encompass the compliance/amenability/concurrence with the beneath stated conditions.

The person assuming the role of/ be the agent/proxy of THE SECOND PART shall be and hereby declared competent to enter all validating and binding contracts under US Law and shall be of the age 18 years or above on the stanchion/substructure of his validating documentation of proof for same. Person below the age of 18 years shall not be and explicitly eligible to enter into any sort of any categorical division of this AGREEMENT/DEED /ACCESSION/AFFILIATION.

All the authenticating/validated/legitimated documentations as requisite shall be submitted to THE FIRST PART as seek forth for which shall be inclusive of apropos/relevant Taxation documentation/ registration numbers and any other testament/confirmation as sought.

The username being used by THE SECOND PART for the purpose of business/trade on Eonmart.Com shall not be a proclaimed remark/proclivity towards any sorts of obscenity/impudence/indecency/profanity, similitude simulacrum of any governing body/its agency/its undertaking/its subsidiary/its holding company/its associate company, patronage of government, intrudes/transgresses in the boundaries of anyone’s intellectual property rights. THE FIRST PART shall not be liable/ obligated by any non-compliance explicit or otherwise by THE SECOND PART.

The username shall in umbra/harmonious to the statutory/ensured provisions of any Act being made applicable/pertinent for the time being in force and shall not garble/ misinterpret/corrupt any existing username on this cyberspace/portal or any other in any manner whatsoever. In case of any discord regarding the name structuring or re-structuring the outbreak/convulsion shall be a subject matter to the parties in dispute. THE FIRST PART shall not be a participator/attendant in any litigating procedure.

Forthwith, if there are any transitions/ changes/ transformations in the name or its parts of any nature arising due to dispute/suo-motu or otherwise shall be reported to THE FIRST PART within the period 2 days of such change. Such change shall be effective within 48 working hours after being reported.

The agent/proxy representing THE SECOND PART registering on-to the web portal of THE FIRST PART shall stand duty-bound/indentured for all acts/outstanding dues of THE SECOND PART to THE FIRST PART henceforth for all future references.

In categorical dichotomy of ambiguity/equivocation apropos to determination of liability the individual person who has been vested/bestowed with considerable/noticeable/substantiating , absolute control with decisions regarding operating, financial or other concerns of regard to THE SECOND PART shall be duty-bound/made indebted to THE FIRST PART for all acts/outstanding dues from such account handle.

The effective of date of registration of THE SECOND PART with THE FIRST PART shall be contemplated and envisaged from the date of registration of THE SECOND PART on the Eonmart.com. It shall be noted/recognized that even if THE SECOND PART has not made its account handle operation in fullest or otherwise, it shall be construed to be latent/passive/assertive usance of belvedere of THE FIRST PART. THE SECOND PART shall be deemed to have entered into this AGREEMENT/DEED /ACCESSION/AFFILIATION from such date of registration.

CESSATION OF MEMBERSHIP/TERMINAL JUNCTURE

THE SECOND PART shall have the admissible right to dissever/discontinue/terminate this AGREEMENT/DEED /ACCESSION/AFFILIATION at any point of time at its free will subjected to its own reasons of non-feasibility of specific/non-specific/ otherwise any nature except of those that might posit THE SECOND PART in the stance of misconduct/fraud/deceit/error whether implicit or expressive whether to THE FIRST PART or ANY OF ITS’ CUSTOMERS of any nature what-so-ever.

It shall be how-so-ever designated that THE SECOND PART shall not be able to repudiate/shun any of its outstanding dues/commitments/this AGREEMENT /ACCESSION/AFFILIATION in its entirety or parts; as being entered in by THE SECOND PART to the contemplation of effective date of terminal.

THE FIRST PART shall have the distinguished and exclusive privilege to terminate/discontinue/cancel the membership being so obtained by THE SECOND PART owing to negligence, situations of proven misconduct/fraud/ deceit/malfeasance/delinquency, non-compliance with any Cyber-Crime Act or any other law for the time being in force, non-compliance with the proviso to this AGREEMENT/DEED /ACCESSION/AFFILIATION or non-payment of any outstanding dues/payments of THE SECOND PART TO THE FIRST PART.

ADMINISTRATION/ PROCEDURE TO THE PAYMENT OF SERVICE FEE

THE FIRST PART shall charge a fee/remuneration @ 4% of the net amount of sales but exclusive of any tax/cess/duty/factorage being payable to the Government of any Nation. THE FIRST PART shall also charge a listing fee @  US$0.15 (Free) for the period of 3 months per item/segment which is being listed on the web portal/cyberspace of Eonmart at the time listing of such item/segment . THE FIRST PART (Eonmart) term service fee shall constituted/deciphered the meaning as the totaled amount of remuneration @4% of the net sales amount (excluding any tax/cess/duty paid to any Government of any nation) and listing fee. It shall be assigned/connoted that payment of service fee shall be made by THE SECOND PART to the registered Payment Gateway available on Eonmart portal being linked exclusively for the transactions with THE FIRST PART under its registration procedure under Clause (A.) of this AGREEMENT/DEED /ACCESSION/AFFILIATION.

The distribution/segregation/apportion/dispensing of the fee being paid by the customer amidst THE FISRT PART and THE SECOND PART shall be made on the aforesaid basis/comprehension as in Clause (C.) sub-clause (I) & (II) on the pre-issued directives.

EMBODIMENT By the virtue of this clause THE SECOND PART, guarantees THE FIRST PART that THE SECOND PART has made all the representation in a bona-fide and true and fair manner. THE SECOND PART has made its validating registrations with the appropriate Tax authorities and is under no felonious or surreptitiously verboten act in any manner what-so-ever considered forbidden by the law/sovereignty of the Nation in which THE FIRST PART AND THE SECOND PART operates or shall operate in near future. THE SECOND PART also agrees to the fact that all the representations being made to THE FIRST PART are under the rights, powers and ascendancy of THE SECOND PART. THE SECOND PART has made no implicit or otherwise non-compliance with any statutory proviso being applicable to it for the time being in force which may disrepute or may cast any implicative or otherwise any form of liability on THE FIRST PART. THE SECOND PART provides an expatiating right to THE FIRST PART to use the copyrights/trademarks/information being so provided in a manner that is necessitated to corroborate and conduct the business activities. THE FIRST PART may on the basis of circumstances prevailing resize the logo/trademark/symbol of THE SECOND PART for the purpose of appearance/presentation of web portal.

THE FIRST PART may appurtenant to the conditions established share the information of THE SECOND PART with any third party facilitator to improvise the response of web portal in conformance to the customers’ preferential buying patterns. Such an act shall never be cogitated akin to non-conformity of principles of confidentiality as envisaged in this AGREEMENT/DEED /ACCESSION/AFFILIATION or any other statute applicable for the time being in force owing to the explicative/elucidated consent of THE SECOND PART to such clause.

Any limitation being imposed/construed on the effective rights/information being provided to THE FIRST PART which shall effect its routine functioning/conduct of business be and hereby considered void and shall have no efficacy onto the usance of such information by THE FIRST PART to the extent as contemplated under this agreement.

STATEMENT ABNEGATION

THE FIRST PART in an explicative term disclaims itself from any warranties/guarantees/rights/declarations/representations being provided in the course of transaction on the cyberspace/web portal by THE FIRST PART.

THE FIRST PART be and here-by repudiates of all rights/obligations/undertakings/testament whether implicative or other otherwise which may arise in the course of transactions.

THE FIRST PART be and here-by eschews from all responsibility checks/quality certifications/discounts/refunds/kiosks/contests/policies/merchantability being framed/provided whether implicit or otherwise by THE SECOND PART on its items/segments under any course of transaction or otherwise which may arise.

THE FIRST PART be and here-by exclusively disclaims/extinguishes its obligation to any technical default, system failure or any other sorts of interruptions that may affect the initiation/receipt/processing/completion/acceptance/discharge/settlement/disposition of any transaction.

THE FIRST PART be and here-by repudiates/eschews/disclaims/waives of all its liability/obligation of any implicit/explicit/statutory or otherwise which may arise apropos to the merchantability/ quality certifications/ appropriateness of any item/segment to the maximum extent possible under the applicable statutory proviso for the time being in force.

THE FIRST PART is be and here-by disclaimed/freed from any responsibility arising towards the payment of any cess/tax/duty or call to the Government of any Nation for and on behalf of THE SECOND PART OR THE CUSTOMERS OF THE FIRST PART to the maximum extent possible under any applicable statutory proviso for the time being in force.

The FIRST PART is be and here-by disclaimed from all the categorical dichotomy of infringement/transgression of any Intellectual Property rights/trademarks/copyrights/patents.

Any case of infringement of Intellectual Property Rights/defect in the quality/any liability/obligation of any implicit/explicit/statutory or otherwise which may arise apropos to the merchantability/ quality certifications/competence/appropriateness of any item/segment shall be singularly a subject matter amidst THE SECOND PART and THE CUSTOMERS OF Eonmart.com. It shall be forthwith made absolutely clear-headed that THE FIRST PART shall not be involved into any such cases/otherwise in any manner what-so-ever.

THE FIRST PART has been provided with the aforesaid privileges of DISCLAIMATION/REPUDIATION to the maximum extent possible owing to the Clause (G.) of this AGREEMENT/DEED/ACCESSION/AFFILIATION. All the aforesaid clauses of STATEMENT ABNEGATION are being amenable to our terms without any coherence and shall be binding onto us (THE CUSTOMERS AND THE SECOND PART).

STATUS-QUO

THE FIRST PART and THE SECOND PART are free-whiling/self- contained businessperson. It shall be made absolutely lucid and comprehensible to the understanding of all parties whether privy to the contract or not that this AGREEMENT/DEED /ACCESSION/AFFILIATION in its entirety or in parts where-so-ever applicable will not construe to create any forms of relationship of partnership, joint venture, agency, franchise and representative amidst THE FIRST PART and THE SECOND PART.

THE FIRST PART is only facilitator for order re-direction to THE SECOND PART and provides a platform to THE SECOND PART for selling its items/segments but also at the same time absolves itself (THE FIRST PART) from any liability to provide employment/to sustain, create the relationship of agency/ Joint Venture/ Partnership/ Association or other forms as may be envisaged in any statute for the time being in force.

No part of this AGREEMENT/DEED /ACCESSION/AFFILIATION shall be deemed/interpreted to create any relationship of Employer-Employee amidst THE FIRST PART and THE SECOND PART.

It shall be construed/ be and here-by agreed to the effect that THE FIRST PART is neither any intermediary nor any auctioneer. THE SECOND PART shall not have any rights/privileges to make any representations/statements or enter any agreements for and on behalf of THE FIRST PART.

THE SECOND PART shall not have any privileges to proclaim/publish any remark/statements that would be against this AGREEMENT/DEED /ACCESSION/AFFILIATION onto any of their cyberspace/ web-portal/ their literary documentations in any manner.

THE SECOND PART shall not have any right to use/make/publish/proclaim any content of any manner that might disrepute/denounce the goodwill of THE FIRST PART.

INELUDIBLE EVENTS

THE FIRST PART shall be freed/acquitted/granted amnesia for any delay/failure to perform their obligations owing to the occurrence of the events which are beyond their reasonable degree of control.

PRIVACY OF ENTERPRISE’S INFORMATION

THE SECOND PART be and here-by gives its amicable consent to not broadcast/declare/communicate/reproduce any of the information related to THE FIRST PART whether directly/indirectly in any manners to any of the parties inclusive of those who are privy to the contract with an exception being inserted that it may at its discretion make available the information apropos to THE FIRST PART to any party for the performance of its obligating events under any clause of AGREEMENT/DEED /ACCESSION/AFFILIATION.

THE SECOND PART shall never use any information related with THE FIRST PART for any promotional/marketing purposes in any affectation what-so-ever.

THE SECOND PART has been bestowed with the restriction to not to have it efficacy on the customers of THE FIRST PART to make any divulging payments/any extra payments/ any addendum obligation other than that which has been agreed to that affectation in the knowledge of THE FIRST PART.

THE SECOND PART will never harass/exasperate the customers of THE FIRST PART to make any sorts of alternative purchases or indulge/engage in any communication with the proclivities/intent to create a competitive environment or to disengage the potential customers of THE FIRST PART from THE FIRST PART.

THE SECOND PART shall not make any hidden profits/shall provide any discounting schemes to the customers of THE FIRST PART other than those enlisted on to their product on to the cyberspace of THE FIRST PART.

THE SECOND PART BE AND HERE BY provides its assent to not to annunciate the information consanguine/apropos to THE FIRST PART in any affectation which is/shall in near future be an inconsistency with the policies of THE FIRST PART.

RIGHT TO MODIFICATION

THE FIRST PART shall reserve the right to modify/amend/rectify/revise this AGREEMENT/DEED /ACCESSION/AFFILIATION in its entirety or any parts of it subjected to its free will at any point of time as it may deem appropriate.

THE FIRST PART shall make any modification/amendment/rectification/revision without any prior notice or information to THE SECOND PART.

The modification/amendment/rectification/revision shall come into effect/ shall be construed to be applicable after they have been posted onto the web portal/ cyber-space of THE FIRST PART.

It shall deciphered in the explicatory terms that continuance of the usance of the facilitation of services either implicit/explicit after the posting of such amendments/revisionary term provided by THE FIRST PART TO THE SECOND PART shall be considered an acceptance of later (THE SECOND PART) to such modifications.

THE FIRST PART here-with requests THE SECOND PART to incessantly on periodic intervals/regularly as it may deem befitting to check any revision being posted on the web-portal/cyberspace of THE FIRST PART.

THE FIRST PART shall be under no obligating event to provide any notice prior/afterwards in any form/manner as be anticipated in any way to THE SECOND PART relating to make any modifications to which THE SECOND PART gives it complete and absolute consent.

APPLICABLE STATUTE/ JUDICATURE/MISCELLANEOUS TERMS-

This AGREEMENT/DEED /ACCESSION/AFFILIATION shall be in all categorical divisions of dispute/discord/dissent amidst the parties to contract shall be governed by the constitution of U.S. and all the applicable laws of U.S. for the time being in force.

All the parties to this AGREEMENT/DEED /ACCESSION/AFFILIATION have given their irretrievable/ invariable consent to the exclusive jurisdiction to NEWYORK courts, U.S.A.

Forthwith, it shall be clearly, vividly and explicitly be stated and agreed to in with consensus-ad-idem from all the parties to the contract that any matter relating discord, dispute or dissent amidst THE FIRST PART and THE SECOND PART and THE CUSTOMERS OF THE FIRST PART shall be at first solved by using the terms of Arbitration placing an absolutely independent* , competent Arbitrator with seat at NEWYORK under the compliance of all the applicable statutory provisions or any other statute for the time being in force. In case of any conflict of opinions on to the scope of independency of the Arbitrator, THE FIRST PART shall reserve the right to re-appoint the arbitrator at any time before the passing of judgment by such arbitrator in consultancy with the parties to dispute/dissent and after giving such arbitrator an opportunity of being heard. *Independent shall not imply to the façade of legal provisions of independency being imposed by statute applicable for the time being in force but shall be related to the cognitive and physical state of independency. Independent shall mean that Arbitrator’s judgment shall not under efficacy or subordinated by the wishes of the either parties who have appointed or any to his own benefits. It shall distinctly noted that any person being appointed as Arbitrator shall be a person who is authorized to be entered in the contract in accordance to the US law, shall not be a relative/ acquaintance/ benefactor of either parties. He shall be appointed keeping in view reasonable degrees cautious intellect. THE FIRST PART shall retain/withhold the exclusive privilege to prevent/hold/restrict/halt any transaction in due course/before being handled through its cyberspace/ web-portal owing to the inaccurate listing/ illegitimate information being shared/ the item/segment being categorized as inappropriate or for any other reason as it may deem appropriate. The bona-fide/credible language to this agreement shall be considered as “English”. Any interpretations there-of in any other language which showcase/ reflect a point of diffidence/segregation/conflict from “English” Language shall not be considered as validating for the matter of fact to be proven in court of law. THE FIRST PART shall send all the notices/ promotional offers/newsletters/membership memos/any other communication media to THE SECOND PART/ TO THE CUSTOMERS OF THE FIRST PART by any medium either electronic mails on their registered email-id/ by the medium of POSTAL LETTERS REGISTERED OR OTHERWISE/SMS/phone calls/or any other mode as being deemed appropriate for the course by THE FIRST PART. All the constituent parties to this AGREEMENT/DEED /ACCESSION/AFFILIATION are at a consensus-ad-idem to consider such communications as valid and righteous. Any change in your official communicating address electronic/otherwise shall be reported to THE FIRST PART within 2 days of making such change and shall be considered operational within 24 working hours of such change being reported to THE FIRST PART. All the communications being send to THE FIRST PART shall be sent by using the applicable Contact us form/email-id being provided for the purpose/contact number being provided for the purpose.

PROTOCOLS RELATING TO PRODUCTS BE LISTED

THE SECOND PART shall be and here-by bound/obligated to provide accurate/definite/complete record of the information being sought in relation to the items/segments to THE FIRST PART.

THE SECOND PART shall ensure that their items/segments do not contain/include either in implicative/explicit terms and conditions which are a contravention any applicable statute/proviso for the time being in force/ which include any sexually explicit/ defamatory/objectionable obscenity/ any other considered incongruous to the policies of THE FIRST PART.

THE SECOND PART shall provide the name of the State/Country in which it is operative and is going to ship the item/segment.

SHIPPING POLICY

THE SECOND PART is be and here-by completely/decisively/categorically/conclusively held responsible for all the acts relating hitherto/ at any point of time in future for shipping of items/segment which shall lead to a conclusive result of final delivery of items/segments to the customer of THE FIRST PART. The shipping polity of this AGREEMENT/DEED /ACCESSION/AFFILIATION here-with allows THE SECOND PART to use/access services of registered postal service provider company to facilitate the final delivery and tracking of the products to THE CUSTOMERS OF THE FIRST PART. It shall be vividly/descriptively clear to THE SECOND PART that THE FIRST PART is only a facilitator amidst the shipping agencies being mentioned aforesaid shall facilitate THE SECOND PART to enabling to purchase the applicable Postages/ Shipping Labels. THE FIRST PART shall not be in any manner/by any act implicative/ explicative or otherwise be considered liable or obligated for managing the activities amidst THE SECOND PART and the shipping agency. THE SECOND PART accepts its responsibility to comply with all the taxation requirements/policies of the shipping agency to the affectation as necessitated. THE SECOND PART take complete responsibility for providing the correct/righteous/veracious address/particulars as necessitated for the final delivery of the items/segments to occur. THE SECOND PART agrees to not to take any advantage of the shipping services either direct/indirect or otherwise for transporting any illegal/illegitimate item/segment. THE FIRST PART shall be exonerated to the maximum extents possible from the levy/payment of any tax/cess/duty/expense payable for and on behalf of THE SECOND PART owing to the shipping of items/segments. Any such payment being so made by THE FIRST PART shall be Clause (E); sub-clause (II). THE FIRST PART provides access to shipping services on an “as is” and “as available” basis to the maximum extent permitted by applicable law and neither make nor in future intends to make any categorical representations/warranties of any kind apropos to the shipping services. THE FIRST PART disclaims all conditions and warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or warranties that may arise by usage of trade, course of dealing, or course of performance. The usance of the shipping services by THE SECOND PART is conclusively and exhaustively at the risk of THE SECOND PART. THE SECOND PART shall reasonably adopt all measures on the account of sanity/ prudence to acquaint/ acclimatize itself with the terms and conditions of such shipping agencies.

NON-CONFORMITY/ RECUSANCE

By the virtue of this clause THE SECOND PART agrees to the understandability of its sole and primary responsibility for non-deliverance of such item/segment. THE SECOND PART shall provide valid proof/ bystander of shipping with tracking number. Valid proof of shipping must show that the item actually was shipped and that it was sent to the valid address provided on the cyberspace of THE FIRST PART. If THE CUSTOMER OF THE FIRST PART does not receive item/segment being ordered, they may file a suit against THE SECOND PART.