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MARKETPLACE VENDOR AGREEMENT
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.CampXEye.com, including the related mobile site and mobile application as well as the seller portal seller.CampXEye.com (hereinafter referred to as “Platform”) is owned and operated by Scientia Innovation Private Limited (hereinafter referred to as 'CampXEye'), a company incorporated under the Companies Act, 1956, with its registered office at CK house, Hospital Road, Hospital Hill, Nilambur P.O, Malappuram District, Kerala State – 679329, India.
Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with CampXEye, and these terms and conditions including the policies constitute your binding obligations to CampXEye.
When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of CampXEye’s policies applicable to you, as amended, from time to time.
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. CampXEye reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to CampXEye’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
Your Account and Registration Obligations
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. CampXEye is not and cannot be a party to any transaction or dispute between users on the Platform.
Use of the Platform
You agree and understand that CampXEye and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. CampXEye shall bear no responsibility or liability in relation to or arising out of third party user generated content. CampXEye neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. CampXEye is merely an intermediary and does not interfere in the transaction between buyers and sellers.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
Throughout the ToU, CampXEye’s prior written consent means a communication coming from CampXEye’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Platform;
(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. CampXEye reserves the right to delete such multiple listings of the same product listed by you in various categories. CampXEye reserves the right to restrict the selling of products originating from certain countries.
Compliance on selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. CampXEye shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to CampXEye to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
Wherever applicable you shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing . In the event that you do not provide the HSN code number you will be solely responsible for statutory/legal compliance for sales or listing of products requiring HSN code number on our platform.
You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transaction on your account will be blocked and orders will not be processed on your account.
In the event of you providing your Input Service Distributor Registration Number, CampXEye would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
You agree and undertake that You shall not, at any time, purchase more than 25% of your inventory (in terms of annualised value in a financial year), purported to be sold on the Platform, from CampXEye or its Group Companies. Group Company shall have the meaning as per the extant Foreign Direct Investment Policy of India. We may require you to provide certification (including auditors certificate) to confirm compliance with this requirement.
We do not mandate that any of your Products should be sold exclusively on the Platform. For the sake of clarity, effective June 01, 2019, CampXEye unilaterally waives any obligation on You to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.
Content Posted on the Platform
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and CampXEye has no responsibility or liability over such third-party generated Content as CampXEye is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without CampXEye’s prior written consent.
You may use the information on the products and services made available on the Platform for downloading provided you:
(1) do not remove any proprietary notice language in all copies of such Content;
(2) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any Content; and
(4) do not make any additional representations or warranties relating to the Content.
CampXEye grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by CampXEye" and/or “CampXEye.com” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, CampXEye grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “CampXEye.com” name and/or logo on packing material used by seller for delivery of Products sold on the Platform.
CampXEye reserves the right to revise the categories, criteria, and benefits to promote healthy competition amongst the sellers so that their performance lead to better customer experience on the Platform.
It is hereby clarified that cash on delivery (COD) option will be available at CampXEye’s sole discretion.
Dispatch of products and/or services
Thresholds For Virtual products (in days)
Thresholds for Tangible Products (in days)
Order Date to Dispatch Date
Dispatch Date to Delivered Date
Return Request Date to Return Completed Date
Completion of the transaction (T)
30 days from the date on the date on which the order was placed
CampXEye may, at its sole discretion, settle the payment to the sellers earlier, in accordance with the above mentioned Payment Settlement Policy. However, in the event of a conflict between the Master Settlement Date and the dates set forth in the Payment Settlement Policy, the Master Settlement Date shall prevail.
Financial Facilities for customers
CampXEye has operationalized tie-ups with multiple partners for providing financial assistance to customers for purchasing products on the platform and thereby enhancing the transaction capability of customers. In pursuance of the same, in the event of the customers opting for the financial assistance program and you duly receiving such amounts from the partners (on behalf of the customers), you hereby agree to assign all receivables from the customer for such transaction. Therefore you hereby agree that without any further action on your part, upon receipt of amount due from such partners, any and all receivables due from the customers shall stand assigned in favour of the partner. You hereby authorize CampXEye to enter into any documentation on your behalf to complete and perfect the assignment. Upon such assignment, the financing partner shall have all the rights as the seller may have had in relation to the collection of receivables from the customer and the customer shall be required to repay the financing partner directly. The lending partner further reserves the right to assign and transfer such receivables under these terms and conditions to an NBFC/financial institution as it may deem fit.
Registration on the Platform is free. CampXEye does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. CampXEye reserves the right to change its fee policy from time to time. In particular, CampXEye may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, CampXEye reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to CampXEye. You shall be solely responsible for compliance with all applicable laws for making payments to CampXEye.
Fee Policy :
Product Price range in INR
0 to 2000
2001 to 5000
5001 & Above
You hereby agree that CampXEye shall have the right to set off any amounts due and payable by You to CampXEye against any payments due from CampXEye to You.
GST /Taxes: You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state ‘Powered by CampXEye’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
Compliance with Laws:
CampXEye does not warrant that the product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
CampXEye shall have the right to inspect and audit seller’s records and premises / place of business through itself or through CampXEye approved third party testing agencies. Cost of such an audit shall solely be borne by CampXEye unless the audit reflects discrepancy in seller accounts / non-compliance with CampXEye’s seller policies, in which case the cost of audit shall be borne by the seller.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform in the event of, including but not limited to, the following:
We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
CampXEye respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to CampXEye at Infringement@scientiaindia.com
CampXEye respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to CampXEye at firstname.lastname@example.org
Trademark, Copyright and Restriction
The Website is controlled and operated by CampXEye and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute CampXEye’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL CampXEye BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF CampXEye HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. CampXEye makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and CampXEye is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to Mail@scientiaindia.com
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Mr. Anil Nair
Scientia Innovation Private Limited
1st Floor, the Hanshas, Viradur Hills,
Off Palace Road, Nilambur P.O, Malappuram dt,
Time: Working days Mon – Fri (9:00 – 17:00)
CampXEye by Scientia India