Term of Use
License
This document is an electronic record as defined by the Information Technology Act, 2000 (“IT Act, 2000”) and related statutes. It is generated by a computer system and does not require any physical or digital signatures.
In compliance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires the publication of rules and regulations, privacy policy, and terms of use for accessing or using the website at www.gridray.com (the “Platform”), we hereby publish the following terms of use.
The Platform, including the related mobile site, mobile application, and web portal, is owned and operated by GridRay India Business Solutions Private Limited (“GridRay”), a company incorporated under the Companies Act, 1956, with its registered office at 412, C8, Sector – 8, Rohini, Delhi – 110085, India.
Throughout these Terms of Use, “you” and “your” refer to any natural or legal person who has registered to become a user of the Platform using computer systems. The term “user” collectively refers to sellers, buyers, and visitors on the Platform, while “we,” “us,” and “our” refer to GridRay.
Enrolment Eligibility
In order to use the Platform, you must complete the registration process for one or more of the Services offered. Use of the Services is restricted to parties that are able to lawfully enter into contracts under applicable law. As part of the registration process, you must provide us with your legal name, address, phone number, email address, applicable tax registration details, and any other information we may require. Any personal data you provide to us will be handled in accordance with the GridRay Privacy Policy.
GridRay reserves the right to terminate your registration and/or deny you access to the Platform if we become aware that you are under the age of 18 or if you violate any of the Terms of Use. If you register on behalf of a business entity, you represent and warrant that you are authorized by the business entity to accept the Terms of Use on its behalf and that you have the authority to bind the business entity to the Terms of Use.
Services Offered
GridRay offers various services through the Platform, including the ability for Users to purchase original products from a range of brands. Products can be purchased through the Platform using a variety of payment methods offered. The sale and purchase of Products are subject to specific policies of sale, such as cancellation, exchange, and return policies. When creating a return request, Users must confirm that the product being returned is unused and has the original tags attached. If the returned product is used, damaged, or missing original tags or freebies, the customer’s return/refund request will be declined.
Please note that GridRay does not warrant the accuracy, completeness, reliability, correctness, or error-free nature of Product descriptions or other content on the Platform and assumes no liability in this regard.
Service Fee Payments
Registration for using the Platform is free of charge, and browsing and registering on the Platform does not incur any fees. However, GridRay reserves the right to modify its fee policy at its sole discretion, including introducing new services and amending or introducing fees for existing services. Any changes to the fee policy will be posted on the Platform and will become effective immediately upon posting. All fees will be quoted in Indian Rupees (INR) and must be paid to GridRay in compliance with applicable laws.
This Agreement will commence upon completion of your registration for one or more of the Services and will continue until termination by either party. You may terminate your use of any Service at any time by providing notice to us.
Upon a user’s request to close their account, the account will be placed on hold for 90 days to facilitate the completion of any outstanding transactions. After confirmation of closure and the absence of any outstanding payments, the user’s account will be deactivated. Certain information will be retained by GridRay, including the registered mobile number, registered email ID, GSTIN, and other transaction-related information, for audit purposes and to prevent fraudulent activity in the future.
Platform for Transaction and Communication
GridRay is only providing a platform for communication between buyers and sellers and is not responsible for any non-performance or breach of contract between them. The commercial/contractual terms are solely between the buyers and sellers, and GridRay does not advise, control, or involve itself in any way in the offering or acceptance of such terms. GridRay does not make any representations or warranties about the products or services being sold, and the contract for sale of any product or service is strictly between the seller and the buyer. Additionally, pricing on any product(s) may be incorrect due to technical issues or typographical errors, and in such cases, the seller may cancel the order.
Indemnification
By using the GridRay platform, you agree to release us from and indemnify, defend, and hold us (including our officers, directors, employees, agents, and affiliates) harmless against any third-party claims, losses, damages, settlements, costs, taxes, expenses, or other liabilities (including attorneys’ fees) that arise from or relate to: (a) any actual or alleged breach of representations made by you; (b) any sales channels that you own or operate, including the listing, offer, sale, fulfilment, refund, cancellation, adjustments, or return of Your Products, as well as Your Materials and any actual or alleged infringement of intellectual property rights related to any of the foregoing, or property damage related thereto; (c) Your Taxes and duties, or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) your non-compliance with applicable laws. We make reasonable efforts but cannot take responsibility or control the information provided by other users that is made available on the platform.
Selling
As a registered seller, it is your responsibility to list item(s) for sale on the Platform in compliance with the policies incorporated by reference in this Terms of Use. You must have the legal authority to sell the item(s) you list for sale on our Platform and possess all necessary licenses and permits for such transactions. It is your obligation to ensure that the items listed do not infringe on any intellectual property, trade secret, proprietary, or publicity rights, or privacy rights of third parties. The listings may contain text descriptions, graphics, pictures, or videos that describe the item for sale, and all items must be listed under the appropriate category on the Platform. To ensure successful fulfilment of sales, all listed items must be kept in stock. The listing description of the item must accurately represent the product’s actual condition and must not be misleading. If the item’s condition differs from the description, you must refund the buyer’s payment. You are not permitted to list a single product in multiple quantities across various categories on the Platform. GridRay reserves the right to remove such multiple listings of the same product listed by you in different categories. Furthermore, GridRay has the right to restrict the selling of products originating from specific countries.
Order Processing
Customer/end user places order with online retailers/resellers on their respective selling platform, and it can be confusing for them if they receive packaging, invoices, or receipts that identify a different online retailer or selling platform that is not where customer/end user places the order, it can cause confusion for the customer regarding the fulfilment of their order and who to contact for any issues or questions.
If you intend to fulfil orders using GridRay, you must always:
- Identify the buyer, retailer, or selling platform as the seller of record (and no one else) on all packing slips, invoices, external packaging, and other information included or provided in connection with the products.
- Remove any slips, invoices, external packaging, or other information that identifies the shipper before shipping the order to the customer.
- Accept and process customer returns of your products and comply with all other terms of your seller agreement and applicable GridRay policies.
Product Shelf Life
If your product has a shelf life, usage duration, or expiration date, you must guarantee that the product you provide to the buyer will have a long remaining shelf life or usage period for the customer to use, and will not have a short remaining shelf life.
Tax Matters
Your usage of the Services provided by GridRay is governed by its Tax Policies. It is your responsibility to comply with all relevant tax laws and to fulfil all obligations to the tax authorities in a complete and timely manner.
As between the parties, you will be responsible for the collection and payment of all Your Taxes, as well as the filing of all relevant returns, such as service tax, VAT / CST, goods and services tax, cesses or other transaction taxes, and issuing valid invoices/ credit notes/ debit notes where required. GridRay will not collect, remit or report any service tax, VAT / CST, goods and services tax or other taxes arising from such sale. You will also be solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings, as well as responding to any tax or financial audits.
Unless otherwise specified, 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. You will pay any taxes that are imposed and payable on such amounts. If GridRay is required by law or by administration to collect any value added, service, sales, use, goods and services tax or similar taxes from you, you will pay such taxes to GridRay. You will provide all necessary information, including goods and services tax registered address, registration numbers, invoice mismatch details, in a timely manner to enable GridRay to provide, report or correct goods and services tax invoices. Based on the information provided, GridRay will deduce the location of the recipient, the billing details, place of supply and applicable taxes.
If any income tax, withholding tax or tax collection at source or any other applicable taxes are determined to be deducted and deposited on any payments or remittances to you, GridRay will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. You agree not to make any claim against GridRay with respect to the taxes deposited.
As a user on the GridRay Site, it is your responsibility to choose the most applicable product tax codes and assign the Harmonized System of Nomenclature / Service accounting Code that is applicable to your listing so that the correct tax rate is applied on all listings offered for sale by you. If GridRay determines that you are not in compliance with this section, then it may suspend the services provided to you on the platform.
In case of any discrepancy in the reporting / returns filed by you and GridRay, you agree to resolve such discrepancy immediately.
User Conduct and Rules on the Platform
By using the Platform, you agree to adhere strictly to the following binding principles:
- You will not share any information that you do not have the right to or that is unlawful, harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of privacy, hateful, racially or ethnically objectionable, encourages money laundering or gambling, or is otherwise illegal.
- You will not mislead others, send spam emails or promote illegal activities that are abusive, threatening, obscene, defamatory, or libelous.
- You will not infringe on any third-party rights, including intellectual property, privacy or publicity rights, or share restricted access pages, hidden pages or images.
- You will not provide instructional information about illegal activities, such as creating computer viruses, violating someone’s privacy, or making or buying illegal weapons.
- You will not interfere with other users’ use of the Platform, gain unauthorized access to any part of the Platform, or attempt to do so.
- You will not use a false email address, impersonate anyone else, or use multiple addresses or phone numbers.
- You will not use automatic devices or methodologies to access, acquire, copy, or monitor any portion of the Platform or Content, or try to obtain any information or documents through any means not made available through the Platform.
- You will not use any illegitimate means to gain unauthorized access to any part of the Platform or any other systems or networks connected to the Platform.
- You will comply with all applicable laws and regulations and ensure that the information provided by you on the Platform is accurate and not misleading.
- You will not engage in any transaction that is prohibited by applicable law.
- You will provide accurate information regarding the products or services you are offering and not exaggerate or overemphasize the attributes of such products or services to mislead other users.
Failure to comply with these principles may result in cancellation of an order, termination of your account, or other appropriate action by the company.
Contents Posted on Platform
GridRay serves as an intermediary for third-party user-generated content, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively referred to as ‘Content’). GridRay does not exercise control over such Content. By submitting Content to GridRay, you grant us worldwide, perpetual, and transferable rights to the Content. The Content will become our property, and we may use any or all elements of the Content for any purpose, including but not limited to promotional and advertising purposes, consistent with our Privacy Policy and applicable law. We reserve the right to create derivative works that may include the Content provided by you, and we may use such Content in any media, now known or hereafter devised.
PRODUCT LISTING GUIDELINES
Product Listing Creation:
At GridRay, we strive to provide buyers with a comprehensive resource of all product listings that are currently marketed or sold and fit within a specific category. To ensure the most helpful buyer experience, we will determine whether a product is a logical fit for a category. We may create these listings from publicly available information or work with the brand/seller to create and/or update a listing that is accurate and best reflects the product’s features.
Criteria for Posting Product Listings on GridRay or on Other Selling Platforms: • When adding or modifying a product listing or its variation, any addition, editing or modification must not change the product’s basic nature and must provide a true overview of the product. While small enhancements to the product’s content are allowed, replacing it with an entirely different product is not allowed and may be considered a policy violation as it could be misleading to customers. • IMAGE: Product images should accurately reflect the product’s appearance in the real world. Additional elements may be added to the image as long as they are not misleading to customers about what they will actually receive. • Product Description: If you rewrite a product description, it should be meaningful, accurate, and not misleading to customers. Any content that is offensive, obscene, or defamatory or any content that is illegal or harms the image or business of GridRay and its users is a policy violation. • Selling a product above MRP (Maximum Retail Price) or below MSP (Minimum Selling Price) provided by the authorized seller or company is a policy violation and may result in order cancellation or even lead to account suspension or termination if found repetitively.
Additionally, we allow authorized resellers of products to participate in our lead generation programs. However, when the parent company requests lead generation for their product or services, the parent company takes precedence and, if required by the parent company, the reseller will be disabled for that company’s product.
Please note that while our sites serve as a platform to host product listings, we are not responsible for ensuring the legal and/or regulatory compliance of these products. For information on a product’s legal and/or regulatory standing, site users will need to check directly with the brand/company or by visiting their website.
PRODUCT LISTING REMOVAL
Our aim is to provide a comprehensive resource for both buyers and sellers, and to achieve this, we believe it is important to maintain all product or service listings that fit within a category and are currently being marketed or sold. We work closely with product sellers to ensure that their listings are up-to-date and accurately reflect the features of their products.
In cases where a seller is no longer in business or the product listed is no longer being sold by the product company, we may either remove the product listing from the catalogue or keep the listing and indicate that the product is no longer available or discontinued.
However, we reserve the right to modify or remove a Product Listing and/or Product Profile if we determine, in our sole discretion, that the listing or profile does not comply with our guidelines. Generally, we only remove product listings or profiles if they do not fit within our existing product categories, or if there is evidence that a brand’s product is no longer being actively marketed or sold to the public.
If, during our ongoing maintenance and review of our catalogue, we find that an existing product listing no longer fits within a category or is no longer legitimate, we will review and remove it as necessary.
GridRay E- Wallet (for buyers) Terms & Conditions
This policy sets out the Terms and Conditions for using the Prepaid GridRay E-Wallet (“GridRay Wallet”) created on the Platform for ordering with GridRay. The GridRay Wallet is owned by GridRay India Business Solutions Private Limited and must be returned to them upon request. These Terms and Conditions apply to the prepaid account of your GridRay Wallet, and by using the GridRay Wallet, you agree to them. We urge you to carefully read and understand these Terms and Conditions before using your GridRay Wallet, and to keep a copy for your records. By using the GridRay Wallet, you acknowledge that you have read, understood, and accepted the detailed Terms and Conditions of the GridRay Wallet.
Eligibility: To qualify for membership of the GridRay Wallet, you must be legally capable of entering into a contract, which means you should have reached the age of majority according to Indian law. The GridRay Wallet is not intended for use by anyone who has not yet reached the age of majority. If you are under 18 years of age, you may only use the GridRay Wallet under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
About the Account: The GridRay Wallet is provided to you by GridRay India Business Solutions Private Limited, and it enables you to add a rupee value to your GridRay Wallet for use exclusively on the GridRay Platform. The value associated with the GridRay Wallet is not insured or guaranteed by any entity or individual. The rupee value you load onto your GridRay Wallet is strictly for prepayment purposes only, for purchasing goods and services on the GridRay Platform in India, unless otherwise indicated. You can load your GridRay Wallet on the GridRay Platform using the available payment options.
GridRay India Business Solutions Private Limited reserves the right to decline any GridRay Wallet or to limit its usage if we have reason to believe that the usage is unauthorized, fraudulent, or illegal. Misuse of the GridRay Wallet or its benefits in any way may result in the GridRay Wallet being disabled or its benefits being withdrawn at the sole discretion of GridRay. Please ensure that you keep your GridRay Wallet secure and safeguarded.
Loading Value in Your GridRay Wallet: As soon as you accept these Terms and Conditions and register for GridRay Platform’s services, the GridRay Wallet is automatically created and enabled. To activate the wallet, you must load funds into it by visiting the GridRay website or using the GridRay mobile app. The GridRay Wallet may be used as a payment method whenever a GridRay Wallet holder buys goods or services from the GridRay website or mobile app. The balance on the GridRay Wallet does not have an expiration date.
GridRay reserves the right to change the minimum and maximum recharge amounts at any time by informing you during the recharge process or on the GridRay website. Such modifications do not constitute an amendment to these Terms and Conditions. A GridRay Wallet is not linked to a credit card, credit line, overdraft protection, or deposit account. GridRay India Business Solutions Private Limited will not accrue or pay any interest, dividends, or other earnings on funds deposited into a GridRay Wallet.
The currency loaded onto your GridRay Wallet are held and denominated in Indian Rupees.
Billing Errors, Corrections: GridRay India Business Solutions Private Limited has the right to rectify any balance discrepancies on your GridRay Wallet if any billing, clerical or accounting errors are detected. If you have any questions or disputes related to transactions, corrections or your transaction history, please email your concerns to admin@gridray.com. An investigation will be conducted by GridRay India Business Solutions Private Limited, and if an error is found, it will be rectified in a reasonable time-frame. If no error is found, an explanation will be provided. Please note that GridRay India Business Solutions Private Limited will not be liable for any billing errors unless you notify them within 30 days of the disputed transaction. You are advised to regularly monitor your transaction history and account balances.
Registration and Liability for Unauthorized Transactions: You are responsible for all transactions made using your GridRay Wallet, including those claimed to be unauthorized. Your GridRay Wallet does not have a separate authentication password or PIN and can be accessed for transactions once you log in to the platform, anyone with access to your account can access your application and use your GridRay Wallet. Therefore, you agree to take full responsibility for any unintended or unauthorized access to your GridRay Wallet.
Blocking of GridRay Wallet: GridRay India Business Solutions Private Limited may block your GridRay Wallet and/or discontinue its use if we determine, at our sole discretion, that there have been fraudulent or unauthorized activities associated with your account. We reserve the right to take any actions necessary to protect our platform and our users from potential harm or damage.
Privacy Statement: By accepting these Terms and Conditions, you give GridRay the right to disclose your information to government authorities, competent authorities, credit bureaus, and other third parties, as required by law. GridRay may also use your information to offer you products and services, including those from its associates or partners, unless you specify otherwise.
To learn more about how we collect, use, and disclose information related to the GridRay Wallet and to manage your privacy preferences regarding certain promotional communications, please refer to our privacy policy, which is available on our website.
Changes to these Terms and Conditions: GridRay may modify the terms and conditions as well as the rules and regulations that apply to the GridRay Wallet without prior notice and without giving any reasons. the latest terms & conditions will be updated and viewed on our website www.gridray.com.
Disclaimers and Limits of Liability: GridRay and its affiliates do not provide any express or implied representations, warranties or conditions related to the GridRay Wallet, including but not limited to, merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from trade usage, dealing or performance. GridRay does not guarantee that your GridRay Wallet will always be accessible or accepted.
If GridRay or its affiliates are held liable to you, you are only entitled to recover actual and direct damages, which will not exceed the last balance held on your GridRay Wallet. GridRay and its affiliates will not be liable for any incidental, indirect or consequential damages (including, without limitation, loss of profit, revenue, or use) arising from or related to this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, even if GridRay or its authorized representatives were informed of the possibility of such damages. GridRay and its affiliates will not be liable for unauthorized access, alteration, theft, or destruction of your GridRay Wallet due to accidental, fraudulent, or abusive means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. GridRay is not responsible for non-fulfilment of any terms in whole or in part due to any reason beyond our control.
Certain states or jurisdictions’ laws do not permit limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights beyond those stated in this Terms and Conditions. In such jurisdictions, our liability is limited to the extent permitted by law.
The decision of the management of GridRay is final and shall be binding at all times.
System Updates
The Services provided by GridRay will encompass all software updates and new versions. Nevertheless, GridRay may introduce new services, products, or modules that are not covered in this Agreement, and may require additional fees. Although the Service provider will make an effort to inform the Customer of any anticipated Service disruptions, the Customer acknowledges that system downtime may occur unexpectedly without prior notice.
Confidentiality and Personal Data
As you use our Services, you may receive information that is confidential (“Confidential Information”). You agree that during the term of this Agreement and for a period of 8 years after its termination:
- a) GridRay will remain the exclusive owner of all Confidential Information except for customer personal data owned by the respective customer;
- b) You will use Confidential Information only as necessary for your participation in the Services and ensure that anyone who has access to Confidential Information is aware of and complies with these obligations;
- c) You will not disclose Confidential Information to any individual, company, or third party, including Affiliates, except as required by law;
- d) You will take reasonable measures to protect the Confidential Information from any use or disclosure that is not explicitly permitted in this Agreement;
- e) You will only retain Confidential Information for as long as it is necessary for participation in the Services or to fulfil your statutory obligations (e.g. tax) and delete such information upon termination or as soon as it is no longer required for statutory obligations.
This Agreement does not restrict your right to share Confidential Information with a government entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the government entity.
Force Majeure
In the event of circumstances beyond our reasonable control, we shall not be held liable for any delay or failure to fulfil any of our obligations under this Agreement.
Suggestions and Other Information
If you or any of your Affiliates choose to provide feedback, suggestions, ideas, improvements, or other materials to us in connection with or related to the GridRay Site or Services (including any related Technology), you hereby grant us a royalty-free, worldwide, and irrevocable license to use, modify, adapt, publish, translate, distribute, and display such materials for any purpose, without any obligation to compensate you or any third party. To comply with legal requirements, protect our systems and customers, or ensure the operation of our business and systems, we may access and disclose any information that we consider necessary or appropriate, such as user contact details, IP addresses, traffic information, usage history, and posted content.
Password Security
If you use our platform, you are responsible for safeguarding the confidentiality of your password and for any activities that occur under your display name and password. You must not share your password with any third party unless they have been authorized by you to use your account in accordance with this agreement. You are solely responsible for any use or action taken under your password. If your password is compromised, you must immediately change it.