Purpose of the Document
- Services: The business to retail merchandising and the related buying or activities availed/ carried out on the website by the users.
- Third Party & Affiliates: To deliver the services in an effective manner Coucap is availing services of the third party vendors/companies and other business entity.
2. User & Business Agreement:
Your usage of the website is governed according to the terms and conditions as detailed in this agreement. The Users of the Coucap website must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services of the website, you hereby represent and warrant to Coucap that you are 18 years of age or older, and possess the right, authority and capacity to use the Services, and agree to abide by the Agreement. In case the a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. It is your sole responsibility to make sure the Coucap is aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, Coucap reserves all the rights to deactivate such User’s account without further notice. This user agreement is enforceable in accordance of the provisions of the governing laws of republic of India.
3. Governing Laws and Provisions:
This agreement is executable and deemed to withstand in-force as per the below acts and can be enforced as deemed appropriate by the laws.
- The Indian Contract Act, 1872: The user must be an individual in a capacity to enter into a contract on own-self.
- The Information Technology Act, 2000: The usage, access of the service on the web and electronic commerce platform as well as affiliate services are abide by the provisions as stated in this act.
- The rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”): These regulations are binding upon the website and the third party affiliates about the data security and maintaining the confidentiality of the sensitive financial and “PI” information in any manner.
- The Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”): The terms and the conditions detailed in the agreement are subject to prevail in accordance of the guidelines as detailed.
4. Users Obligations:
The set of terms under the Users Obligation are defined to set the accountability of the users for fair usage of the website and services without any prejudice and hindering the interests of the other users in any manner. Any avoidance or negligence in fulfilling the user’s obligations entitles website to suspend or terminate the user account for short or indefinite period of time.
- User Account, Password & Security: While registering on the website you have to create a password and complete the account signup upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password and account, and all of the activities that are occurring via your password or account. You agree to (a) immediately notify Coucap of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Coucap cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
- Coucap.com cannot and will not be liable for any loss or damage arising from your failure to comply with section (A) or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
- If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
- If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
- The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Coucap be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Coucap in this regard.
5. Services Offered By Coucap:
- Service Fee: Coucap reserves the right to introduce fees for the services (COD Charges/Shipping Charges etc.,) offered or amend existing fees as the case may be. Changes to the Fee Policy shall automatically become effective immediately after they are posted on the Website
- Business & Product Disclaimer: Coucap is a platform that Users utilize to meet and interact with one another for their transactions. Coucap is not and cannot be a party to or control in any manner any transaction between the Coucap's Users.
- Coucap does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Coucap.
- Coucap is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Coucap cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Coucap.
- At no time shall Coucap hold any right, title or interest over the products nor shall Coucap have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
- The Coucap is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Coucap is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Coucap hold any right, title or interest over the products nor shall Coucap have any obligations or liabilities in respect of such contract. Coucap is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You release and indemnify Coucap and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Coucap and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Coucap cannot take responsibility or control the information provided by other Users which is made available on the Coucap.
While Coucap shall make reasonable endeavors to maintain high standards of security and shall provide the Services by using reasonable efforts, Coucap shall not be liable for any interruption that may be caused to your access or use of the Services.
C.a.A. Access to and registration on the Platforms is free of cost. Although unlikely, Coucap may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by Coucap without serving prior notice on the Users.
C.a.B. The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Coucap does not covenant or warrant that:
- That Services will be made available at all times;
- The Coucap Content available on the Platforms is complete, true, accurate or non-misleading; and
- The Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.
7. User Conduct and Rules:
As mandated under the provisions of Regulation 3(2) of the IG Rules, Coucap hereby informs that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
- Belongs to another person and to which you do not have any right;
- Is grossly harmful, harassing, blasphemous, defamatory, 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 harmful in any manner whatsoever;
- Harms minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates or defames another person; or
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
A. You are also prohibited from:
- Violating or attempting to violate the integrity or security of the Platforms or the Coucap Content;
- Transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by Coucap;
- Intentionally submitting on the Platforms, false or inaccurate information;
- Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
- Copying or duplicating in any manner any of the Coucap Content.
B. You are also obligated to:
- refrain from acquiring any ownership rights by downloading the Coucap Content;
- read the Agreement and agree to accept the terms and conditions set out therein;
- refrain from copying or modifying the Coucap Content available on the Platforms for any purpose;
- comply with all applicable laws in connection with your use of the Platforms;
- not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and
- Use the Products for personal, noncommercial use.
8. Pricing and Availability:
- Pricing on any product(s) as is reflected on the Coucap may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s). All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
- Coucap does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- Availability: Though we are keeping a constant watch about the inventory and suggest sellers to update the stocks in regular manner. But the Stock or the listing made on the site is individually managed by the sellers and Coucap has no control on the status of the stocks or the availability of the product. Coucap cannot be held responsible for any such delays or non availability of the stocks from the sellers.
9. Order, Product Selection, Tacking, and Delivery:
- Order Modifications: The user may modify the order before the dispatch confirmation. Once the order is dispatched it can only be returned/unaccepted only on the genuine grounds for return and exchange. The orders placed can also be exchanged for any of the genuine issues like the wrong size, mismatch, wrong product shipped and more. This is available for the buyers to help them in correcting the mistakes but only one time exchange is allowed for the sake of managing the malpractices. It is strongly recommended to the buyers to confirm all the details before placing the order to avoid any sort of complications at later stages. However Coucap doesn’t have any role in selection of the product but it ascertain the buyers to list the right product and make necessary quality checks for maintaining the quality commitment for offering buyers for getting the desired product.
- Delivery & Acknowledgement: Coucap facilitates the orders delivery via its delivery partners and the orders are delivered as per the shipping guidelines. Though we take all the necessary steps in managing the timely delivery but we don’t have reasonable control over the unforeseen conditions that may results in the delay of the delivery of the products. The buyers are required to remit the signed copy of POD after receiving the products that followed by identity proof or digital signature for the proof of delivery.
- Auto Cancellation of the Fraudulent, Bulk, Out Of Stock Orders: The B2C retail provisions don’t allow the marketplace to limit the orders to a maximum reorder level. All the orders that are superseding the maximum quantity are subject to auto cancellations. In the same manners the orders that are not up to the marks as per the reorder level, bulk, out of stock or deemed to be inappropriate as per the marketplace regulations are subject cancellation without prior notifications to the buyers. It is sole responsibility of the buyers to manage their accounts security and follow the guidelines of the order placements. Any suspicious activity in your account leads to termination of the account as well as permanent closure or de-barring account.
- No Compensation Policy: Coucap does undertake the responsibility for managing the right orders and products for buyers but doesn’t entitle any user for any claim or compensation for the same. Coucap disown any liability for the losses or liability for the losses arising thereof the order placement and delivery.
- Non Partnership Clause: The use of the marketplace is subject to the terms for personal usage of the marketplace. Registering the account on the site is not meant of any partnership or business relationship between the users and marketplace. Buying the product doesn’t represent any sort of partnership between the vendor , buyer and the marketplace in terms of the order placement delivery and payments. Any order placed on the marketplace is one time transaction that is to be governed as per the terms and conditions of online purchase and ecommerce rules.
- Order Tracking: The buyers may track the orders placed on the site by logging into their account and entering the order details in the desired areas.
10. Delivery Policy:
You can find out how long we will need to deliver your order to your specific pin code on the all product detail pages. Coucap will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Coucap reserves the right to cancel the order(s) at its discretion. An estimated delivery time is displayed on the Order confirmation page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
Sometimes, delivery may take longer due to
- Bad weather,
- Flight delays,
- Political disruptions,
- Act of God like flood,
- Tsunami etc.
Other unforeseen circumstances in such cases, we will proactively reach out to you.
Please check your emails and SMS regularly for such updates. Also, we will not be able to compensate for any mental agony caused due to delay in delivery. Currently we don't ship internationally. We may charge you with a shipping charge (inclusive of tax) in some cases. The communication shall be available to you at the time of placing the order. We may also give you a facility of gift wrapping with charges (inclusive of taxes). The communication shall be available to you at the time of placing the order. In case of refund of the product, the refund of the shipping charges or gift wrapping charges will be done as per the refund policy.
11. Returns & Exchange
Once the order has been delivered, you are given flexibility to return / exchange the product (s). All items to be returned or exchanged must be unused, unwashed and in their original condition with all original tags and packaging intact (for e.g. shoes must be packed in the original shoe box and returned), and should not be damaged or tampered with. You are welcome to try on a product after delivery but please take adequate measures to preserve the original condition of the product.
Coucap will accept Return or Exchange only if the following conditions are met.
- Return/Exchange should be initiated within 14 days of order delivery.
- Only size exchanges are allowed.
- Exchanges are allowed only if your address is serviceable for an Exchange by our logistics team.
- The Customer is required to contact the Coucap Contact Centre for return / exchange initiation.
- Coucap's Customer service team would initiate the return /exchange requests on behalf of the customer.
- In the event of return, Coucap's Customer service team shall schedule a return pickup to your address; the carrier would arrive to your address as per the scheduled pickup date, collect the return and bring it back to our warehouse for quality check. In case the QC passes in our warehouse, we shall refund you as per the refund policy. In case QC Fails, we will return back the product to you.
- In the event of exchange, Coucap's Customer service team shall schedule a return pickup to your address, the carrier would arrive to your address as per the scheduled pickup date along with the exchange product, the carrier would do an initial QC at your address for the original product that is being returned and if that QC pass, the carrier shall hand over the Exchange product to you, collect the returned product and bring it back to our warehouse for quality check.
- In case of a partial return, the whole product line should be returned.
- The following items cannot be returned or exchanged like innerwear, cosmetics, socks, deodorants, perfumes, fashion accessories and hair accessories cannot be exchanged or returned. The list of such items includes briefs, shape wear bottoms or any lingerie set that includes a brief, anklets, bangles, earrings, bracelets, brooches, earrings, pendants, necklaces and rings, socks and wrist-bands.
12. Refund & Cancellations Policy:
Coucap shall refund back the amount collected from you on following grounds:
- Customer initiated (Order or line cancellation)
- Coucap initiated (Order or line cancellation)
- Customer Initiated (Order or Line Return) subject to QC clearance.
- Lost in Transit
Following are the policies in this regard:
- The amount will be refunded back to the original payment tender(s) that was used while you placed the order.
- If the order is cancelled (Customer initiated or Coucap initiated), lost or un-delivered to your preferred location, we will refund the complete order amount including any shipping charges & gift wrapping charges. If case of partial order cancellation (Customer initiated or Coucap initiated), shipping charges & gift wrapping charges will not be refunded. If you return an order delivered to you, original shipping charges & gift wrapping charges will not be refunded.
13. Third Party Data and Information Usage:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Coucap or the Website and Coucap is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Coucap is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The inclusion of any link does not imply endorsement by Coucap or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. Coucap has no specific prior review process or editorial control over third party content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Website, are those of the respective parties and not necessarily those of Coucap. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such third party information appearing on the Linked Sites or otherwise.
14. Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Coucap owns all Intellectual Property Rights to and into the Website and the Mobile Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website/Mobile Application belonging to Coucap without obtaining authorization from Coucap. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the Product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
15. Disclaimer of Warranties/Limitation Of Liability:
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.THIS WEBSITE, ALL SERVICES AND PRODUCTS PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, COUCAP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SERVICES/PRODUCTS. COUCAP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKED SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKED SITES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL COUCAP BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE WEBSITE, OR PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF COUCAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKED SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES/PRODUCTS, OR RECEIVED THROUGH ANY LINKED SITES. COUCAP LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE VALUE SO PAID BY THE CUSTOMER.
In accordance with the provisions of the SPI Rules, any grievances which you may have with respect to the information shared by you with Coucap hereunder and its treatment, may be directed by you to the grievance officer of Coucap at firstname.lastname@example.org or at the below mentioned contacts:
Name: Mr. Rajan Sharma Email Address: email@example.com
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect.
20. Terminations & Suspension:
Coucap reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if Coucap is unable to verify or authenticate any information you submit to it. The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Service. It is specifically clarified that any termination of the Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
19. Dispute Resolutions & Governing Laws & Jurisdiction:
The Agreement and any contractual obligation between Coucap and you under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission email firstname.lastname@example.org
For any concerns and queries related to this agreement can be communicated at email@example.com