Ispick | Terms and conditions

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PLEASE READ THESE TERMS OF USE, CAREFULLY. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PLATFORM, IN ITS ENTIRETY.

DEFINITIONS
1. “Barter” means the physical exchange of Products by the Users on the Platform.
2. “Customer(s)” means the Users who register on the Platform for taking a Product on rent (“Rental”) or engaging in Barter of Products or availing the Services of the Platform.
3. “End-to-End Facilitation Service(s)” shall mean the facilitation services being provided by the Platform to its Product Listers and Service Providers and shall include but not be limited to delivery, coordinating returns, verification of Service Provider, delivery of any deliverables ordered, facilitating the payment transactions between the Product Lister and Service Provider and the Customer and facilitating invoicing on behalf of the Service Provider.
4. “Feature(s)” shall mean the core activities of the Platform which facilitates Customers to avail Services from trusted, validated Service Providers and/or Product Listers (whether individual or entity) through Platform.
5. “Facilitation Fees” shall mean the Fees payable by the Product Listers (excluding Barter) and Service Providers to the Platform in the event they are availing the End-to-End Facilitation Services of the Platform.
6. “User(s)”, “You”, “Your” means any person who browses, views, accesses, subscribes to the Platform or uses this Platform and includes a Customer, Product Lister and Service Provider.
7. “Use” or “Using” means the browsing, accessing, viewing, and usage of the Platform by the Customer for taking the Products on rent, engaging in barter or availing the Services from the Product Lister or Service Provider.
8. “We”, “Company”, “us” and “our” means Hodek Edge Private Ltd. a company registered under Companies Act, 2013, having its registered office at Survey No 732/A, 104B/105B, Leela Chambers, Leela Premises CHS Ltd. Pune-Satara Road, Bibwewadi Pune Maharasthra-411037 through the Administrator.
9. “Platform” means the website www.ispick.com duly owned, operated and maintained by the Company. Company and Platform may be used interchangeably in these Terms of Use.
10. “Order” shall mean an order requesting Product Lister to supply Products on Rental basis as per desired quantity, quality, price, place, time of delivery or requesting Service Provider to provide Services as per desired, quality, price, place, time of delivery on making full payment for the same on the Platform as per the terms of payment specified on the Platform.
11. “Listing Fees” shall mean the fees paid by the User for listing of the Product or listing of Profile on the Platform based on the Package (as defined hereinafter) selected by the Product Lister or Service Provider.
12. “Product(s)” shall mean and include used products, listed by the Product Listers for renting and/or for Barter exchange with the Users on the Platform, as detailed in Annexure A subject to approval of Company.
13. “Product Lister(s)” shall include the individuals or the entities that offer the Products on rent, through the Platform and includes a Product Lister who is an individual/entity who shall list his/her Product for bartering subject to approval of Company.
14. “Rental” shall include the renting out of listed Products by the Product Lister using the features on the Platform.
15. “Profile(s)” shall refer to a profile created for each Service Provider per category of Services to be provided by the Service Provider. The User ratings against each Profile can be viewed by all Users.
16. “Service(s)” shall mean and include personalized, specialized, and customized services as listed by the Service Provider to be availed by the Customers through the Platform, as detailed in Annexure B.
17. “Service Provider(s)” shall include the individuals or the entities that offer personalized and customized services to Customers through the Platform subject to approval by the Administrator of the Platform.
INTRODUCTION
1. Welcome to our Platform. Our Platform offers various Products on Rental basis and Services to the Customer and allows Users to Barter Products amongst themselves. We are a ‘one stop destination’ for meeting the day-to-day requirements of the Users whereby they shall be able to avail the Features of this Platform. If You continue to browse and Use this Platform, You are agreeing to comply with and be bound by these terms and conditions (the “Terms of Use”), which together with our privacy policy (the “Privacy Policy”) govern the Company's relationship with You.
2. These Terms of Use are an electronic record within the terms of the Information Technology Act, 2000 and generated by a computer system and do not require any physical or digital signatures. These Terms of Use are published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Rules”) that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of the Platform by Users of this Platform, being an intermediary for the purposes of the Rules and is posting these Terms of Use and Privacy Policy on this Platform to comply with the Rules.
USER ACCOUNT
1. In order to access the Platform, You are required to register and create a user account with password (the “User Account”). You may create the User Account by signing up with Your Google account or Facebook Account or by signing up with Your email ID and password. Post creation of the User Account, it shall be verified by OTP sent to Your registered mobile number and email ID. At the time of registration, You shall be required to share certain information such as Your full name, age, gender, mobile no., address, city, state, email ID, date of birth, profile photo, bank account details (as applicable), employment details, etc. (the “Personal Information”) with the Company. You shall also be required to share Your selfie with clearly identifiable face image, PAN card copy/Aadhaar card copy, proof of employment / occupation (as applicable), government ID for address verification etc. You are required to create User Account before availing any Feature of the Platform. We may reach out to the User through email or call or message for verification of the Personal Information.
2. You undertake and represent that the Personal Information provided by You is accurate, complete, and updated. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your User Account. You are responsible for maintaining the confidentiality of Your User Account, the Company shall not be liable in the event a third party interferes with Your User Account. In the event You forget Your password, we will, upon Your request, share a link to reset the password at the email address or contact numbers provided by You during the registration.
3. You understand and acknowledge that the manner in which the Personal Information is being collected or accessed by the Company has been exhaustively covered in our Privacy Policy and the Company shall not be responsible for authenticating the Personal Information submitted by You for renting or bartering the Products or providing any Services offered on the Platform.
4. In the event You wish to delete Your User Account, You may do so. In such an event all Your Personal Information shall be deleted. The Company reserves the right in its sole discretion to accept/refuse/reject registration or cancel User Account without any obligation of explanation. You will immediately notify the Company in writing of any unauthorized use of Your User Account, or any other breach of security or other known account-related security breach. A User is restrained from assigning or transferring his/her User Account to any third party, without the prior written consent of the Company.
5. The Users shall have the option to browse on the Platform, search the Products listed for Rental or Barter and Services listed by Service Providers, however for placing an Order through the Platform, the User must create an account on the Platform.
  The Users will be able to create maximum two Profiles under the same login one as a Customer or Product Lister and other as a Service Provider.
FEATURES OF THE PLATFORM
1. LISTING OF PRODUCTS (General):
  1. The Product Listers can list all their Products as per the Product category by providing details of the Products such as photographs, quality, quantity, pricing, availability of the Products and any other relevant details of the Products. The Customers understand that all claims relating to wrong or expired product and/or fake Product sold by the Product Listers shall be dealt with Product Listers directly. The Company shall not be responsible for the quality of the Products rented or bartered. The Company shall not be responsible for any claims related to the quality, size, shape, colour, look and feel, texture, style, etc. of the Products as they might appear different on the Platform. The Product Lister shall ensure that the details and information about the Products which are listed:
    1. shall not be inaccurate, fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, spurious, counterfeit, stolen goods;
    2. shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;
    3. shall not consist of material that is an expression of bigotry, racism or based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and/or is in the nature of being derogatory, slanderous to any third party;
    4. shall not be obscene, contain pornographic or other inappropriate content, encourage money laundering or illegal gambling or harm or could harm minors in any way or otherwise unlawful in any manner whatsoever in violation of any applicable laws for the time being in force.;
    5. shall not be obscene, contain pornographic or other inappropriate content, encourage money laundering or illegal gambling or harm or could harm minors in any way or otherwise unlawful in any manner whatsoever in violation of any applicable laws for the time being in force.;
    6. shall not be obscene, contain pornographic or other inappropriate content, encourage money laundering or illegal gambling or harm or could harm minors in any way or otherwise unlawful in any manner whatsoever in violation of any applicable laws for the time being in force.;
  2. Process for Listing of Products: For Listing the Products on the Platform, the information relating to such Products shall be communicated to the administrator of the Platform (“Administrator”). The Administrator shall screen the listed Products and only those Products which, in the opinion of the Administrator, are suitable to be displayed on the Platform shall be uploaded. Any such decision taken by the Administrator shall be final and binding upon the Product Listers who shall not dispute or question the same. Further, the Product Listers understand and acknowledge that the Customers and Users may report any listed Products to the Company for reasons including but not limited to, the inappropriateness of the Products and/or where the Products violate any applicable laws. Any decision taken by the Company with regard to such reported Products shall be final and binding upon the Product Listers, and the Product Listers shall not dispute or question such decision taken by the Company.
2. RENTAL OF PRODUCTS:
  The Product Lister may be able to rent out the Products in any of the following manner:
  1. Listing Option:
    The Company may from time to time display a list of categories of Products for which only listing option is available and a list of categories of products where End-to-End Facilitation Service is mandatory. The Product Lister may list certain Products for renting. The Company shall display the listing of Products on the Platform. The Product Lister shall specify the terms and conditions like rent amount (on a per hour, per day, per week or per month basis), security deposit and/or the minimum period for Rental of the Products at the time of listing. The Customer shall accept the Rental of Products subject to such terms proposed by the Product Lister. The Users understand that the Platform uses the information and details of Products provided by the Product Lister contact information and the Customers connect to further execute Orders with such Product Listers at their own expense and liability. The Company does not take any responsibility for any issues arising in such Orders. The Product Lister may prescribe the terms and conditions for cancellation of the Order and the refund amount applicable, if any. The Customer renting out the Product(s) from the Product Listers understand and acknowledge that they will be required to deposit an amount with the Product Lister as security deposit at the time of Rental of the Product (“Security Deposit”). Such Security Deposit will be returned to such individual by the Product Lister at the time of the return of such Product.
  2. Usage of Products:
    The Customer shall abide by the Company policy relating to the Usage of Products
  3. End-to-End Facilitation Service (Rental):
    In the event the Product(s) listed by the Product Lister falls in the category of Products for which the Company provides the End-to-End Facilitation Service, the Product Lister shall avail the End-to-End Facilitation Service of the Platform. End-to-End Facilitation Services includes services like, product promotion, product verification and assurance services all jointly referred to as End-to-End Facilitation Services in consideration for which the Product Lister shall pay Facilitation Fees to the Platform. The Product Listers and Customers understand that for Rental of Products under the End-to-End Facilitation Services, the Security Deposit paid by the Customer renting out the Product(s) shall be retained by the Company for the entire rental term. The Security Deposit shall be refunded to the Customer after deduction of any damage claims settled under the Assurance Program (defined below).
    The Platform provides assurance services to the Product listers pursuant to the assurance program of the Company (the “Assurance Program”) pursuant to which all the claims from the Product Lister relating to damage and loss to the Products shall be settled by the Company.
    Upon the acceptance of Order, Platform would coordinate with the Product Lister and intimate an estimated time of delivery to Customer, which may alter or change due to any unforeseen circumstances. The Company shall arrange for delivery of the Products through its logistics provider. Any return of the Products after expiry of rent period or for any other reason shall also be coordinated by the Platform. Any decision taken by the Company in this regard shall be final and binding.
  4. Rent be half feature for Rental:
    In addition to Listing Feature and End to End Facilitation Services feature, the Product Lister may use the feature of rent be half and avail the services of the Platform and let the Platform retain half of the rental received from Customers in consideration of Company services (“Rent be half”). Rent be half is currently applicable only for those categories of Products which are currently supported under the End-to-End Facilitation Services. In this feature, the Product Lister may approach the Company and authorize the Company to carry out the listing of Products on the Product Lister profile, decide the rental and the Security Deposit, manage the communication with Customers and coordinate the Orders for Rentals. The End-to-End Facilitation Services and Assurance Program shall be applicable to this Feature. The Rent be half Feature shall be subject to the terms and conditions for Rent be half agreed with the Platform
3. BARTER OF PRODUCTS:
  Users will be able to display the Products available for Barter by using this feature. Listing Fees for Barter Products shall be decided as per the then applicable Company policy, which shall be subject to change at the discretion of the Company. Users will be required to enter the purchase price of the Products they display on the Platform. Any User displaying a Product can exchange its Product with the Product displayed by another User on mutually agreed terms. The Users shall at their discretion decide the quantity and quality of the Products being bartered. Company at its discretion may provide End-to-End Facilitation Services or delivery services for the Products to be bartered.
4. SERVICES:
  The Service Providers can select the particular category that is applicable to their Services on the Platform. The Service Providers can list all Services they provide which shall include but not be limited to housekeeping, decoration, painting services, beauty parlour services, make up etc., in such category. The details of the Services like qualification of Service Provider, features, specialty, nature, pricing, photographs illustrating the Services, location and timings of availability of the Service Providers etc. shall be provided by the Service Provider at the time of creating the Profile. The Customers may give Feedback and rating regarding the quality of Services and the same shall be displayed on the Profile for each Service Provider to enable the prospective Customers to view the Feedback before opting to Order any Services.
  1. Listing of Services:
    The Platform shall display a list of Services for which this option is available. In all other types of Services, End-to-End Facilitation Service is mandatory. All claims relating to improper Services provided by the Service Provider shall be dealt with by the Service Provider directly. The Service Provider shall pay the Listing Fees to the Platform for each new Service category being provided by the Service Provider. The Customer shall place the Order and pay the service charges to the Service Provider subject to acceptance of terms and conditions as prescribed by the Service Provider. The Service Provider shall abide by the timelines agreed with the Customer for delivery/fulfillment of the Services.
  2. End-to-End Facilitation to Service Providers:
    The Service Provider may opt for End-to-End Facilitation Services of the Platform. The Service Providers shall be required to visit the Company’s office to submit documentation for enabling the Company to conduct personal verification of the Service Provider and documents submitted by the Service Provider. In addition to this, the Service Providers will also be required to agree to certain offline terms and conditions in writing with the Company. The Platform shall provide its assistance to the Service Provider in providing the Services. Upon the acceptance of Order, the Platform would coordinate with the Service Provider and intimate an estimated time of delivery or performance of Service to the Customer, which may alter or change due to any unforeseen circumstances. The Company shall be entitled to charge Facilitation Fees for the Services provided by the Platform to the Service Providers.
  3. Cancellation policy:
    A Service Provider or a Customer can cancel an Order at any time prior to 24 hours (1 day) in advance of the appointment date, in which case the Customer shall get a full refund of the Order amount if paid in advance. No refund shall be available in case a Customer cancels an Order post this timeframe.
5. LISTING FEES PACKAGES (Not applicable to End-to-End Facilitation Services): For the Product Listers/Service Providers availing the Listing option, the Platform, from time to time, shall provide various product listing packages (“Package (s)”) depending on the various facilities available to the Product Lister or Service Provider under the Package. The Listing Fees payable under each Package shall be different. The Product Lister or Service Provider shall subscribe for the Package most suitable to it and pay the Listing Fees in advance. In case of Package where no Listing Fees is required, the Product Lister and Service Provider shall acquaint itself with the Packages available as per the then current policy of the Company before deciding the Package and Listing Fees to be paid. For the Rental and Services vertical, Platform currently supports two Packages i.e. basic and premium (the “Basic” or the “Premium” Package).
  1. In case of a Basic Package, all listings by Users are free of charge.
  2. In case of Premium Package, all listings by Users are on a subscription basis for either a 3 month or 6 month or one-year duration and provide following additional features based on the duration subscribed for: -
    1. search results placement
    2. listing promotion
    3. lead generation
    4. discounts on availing a service or on a rental transaction on the Platform.
    5. Homepage/trending listings placement.
  The Platform may at its discretion amend any conditions pertaining to the Packages being offered to the Users.
6. CHAT ROOM:
  The Platform provides a chat room facility for barter transactions only, where the Users can chat before or after placing an Order or before and after entering into a barter transaction, to chat and share the photos or videos of the Product listed, the details of Services to be provided and Products for barter. The Product Listers, Service Providers, Customers and Users who are entering into barter shall ensure that the content of chats is not offensive, indecent, inaccurate, misleading, or otherwise objectionable. The Company reserves the right to verify the images/videos shared on the chat periodically to ensure that the chat room facility is not misused. In the event such misuse of chat room facility comes to the notice of Company, the Company may take appropriate action regarding the same, including but not limited to deactivation of the User Account.
7. DELIVERY SERVICES
  The Company shall be providing the delivery services for the Products through its logistics provider or delivery services application and the charges for the same shall be paid by the Customer at actuals. The Company shall arrange for delivery of any samples, deliverables of the Services ordered etc. through its logistics service provider as and when required.
8. REVIEWS AND FEEDBACK OF PRODUCTS/SERVICE PROVIDER:
  Any User who has successfully completed a transaction using the Platform can rate a particular Product Lister or Service Provider through the Platform and provide its feedback relating to the same (“Feedback”). In case the Company receives a maximum of three (3) negative complaints against the Product Lister or the Service Provider, the Company shall have the right to revoke or deactivate the User Account of such Product Lister or Service Provider.
PAYMENT
1. Upon adding the Product on the Platform, the Product Lister may opt to either pay a Listing Fee or the Facilitation Fees to the Platform depending on the Product category and its supported mode of transaction for the Platform which can be either Product Listing or an End-to-End Facilitation.
2. Where Product Lister/ Service Provider has availed Basic Package, all listings shall be free. In case of Premium Package, Listing Fees shall be paid on monthly/quarterly/annual basis in advance by the Product Lister/Service Provider. However, this shall not apply to Barters. The Product Lister and Service Provider shall pay the Listing Fees per listing of Products or Profile prior to listing of Products or Services.
3. In case of Barter, transactions are currently free of cost, Company reserves the right to charge for Barter transactions in future at its discretion.
4. In the cases where the Product Lister and Service Provider is availing the End-to-End Facilitation Services, the Customer payments shall be received by the Company and Company after deducting the Facilitation Fees and any other charges as applicable shall disburse the balance amount to the Product Lister/Service Provider.
  The Company reserves the right to increase the Facilitation Fees percentage at its discretion without any advance notice to the Service Providers/Product Listers. The balance payments are disbursed to the Product Lister/Service Provider on each Order basis for Rentals and after 10-12 day after completion of the Order for Services provided by Service Providers.
5. For Rent be half feature, the Company shall deduct half of the rental Order amount (which includes total rent for given duration plus taxes applicable) paid by the Customer before disbursing the rental amount to the Product Lister.
6. In the event of any third-party costs incurred by the Company on account of deficiency in Services provided, inferior quality of Product or on account of usage of Product, the Company shall have a right to set off the costs debited by the Customer from the payments to be made to the Service Provider or Product Lister.
7. All fees are levied in Indian rupees and are inclusive of taxes.
8. Users shall pay to the Platform for the Products/ Services through various modes of payment.
  - Debit Card/Credit Card/ IMPS/UPI.
  - Net Banking
  - E-Wallets
  or any other mode of payment as may be acceptable to the Company. The Platform is merely providing the User with payment channels through automated online electronic payments collection and remittance facility for the payment of Products or Services by the Customer on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks and shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of a Customer having exceeded the credit limit with its bank or for any payment issue arising out of the transaction. The Customers understand and acknowledge that the Company does not collect and/or store any payment related information on its servers and the same is accessed and processed by the third-party payment gateways at all times.
9. Consideration for the Customers: The Customer understands that its access to the Platform and use of the Features therein in compliance with the Terms of Use and its obligation to Platform for the Products rented or the Services availed through the Platform and the Product lister or Service Provider shall be an adequate consideration for its use of the Platform.
TAXES
1. The Users 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) and any rules notified in connection therewith (collectively “GST Acts”) in respect of the Products/Services being provided through the Platform. Product Lister/Service Provider shall be solely responsible for collection and remittance of applicable taxes with respect to the rental of the Products/ provision of Services, to the relevant government authorities in a timely manner and Company shall not be responsible nor held liable for any non-compliance/contravention of applicable tax laws by the Product Lister/ Service Provider. Product Lister/ Service Provider hereby agrees to keep Company harmless and indemnified in this regard. The indemnity obligations of the Product Lister/ Service Provider contained herein shall survive the termination of this Agreement.
2. Pursuant to the tax collection at source provisions under the GST Acts, the Platform would collect tax collection at source at applicable rates on net value of taxable supplies made through the Platform and remit to the appropriate Government.
3. In case of any mismatches on account of tax collection at source, Product Lister/ Service Provider shall be required to provide all relevant information to Company 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.
4. Product Lister/ Service Provider shall also be required to provide your GSTIN at the time of your registration, without which Company will not be able to mention GST number on the Invoice raised on you and also not be able to update in the GST filings. In case if the product Lister / Service Provider updates the GST number at a later date, then the details of the transactions shall be updated on the GST portal only in respect of the transactions incurred post the date of updation on the portal.
5. In case of Rental if GST is charged by the Customer, then GST paid by the Customer needs to be reflected on the GST portal of the Company. If the same is not reflected, then the Company has a right to terminate the Rental Order and block the Customer. Any GST collected by the Customer but not reflected on the portal will be debited against the amounts payable to the Customer.
6. TDS shall be deducted by the Company as per the provisions of the Income Tax Act, 1961, as amended from time to time at the time of making the payment to Service Provider/ Product Lister. Company shall issue necessary TDS Certificate for the above-mentioned deductions.
7. The Platform shall be charging a Tax collected at source (TCS) pursuant to the provisions of Goods and Services Tax Act 2017, as amended from time to time at the time of making the payment to Service Provider/Product Lister at the prevailing rates.
USER CONTENT
You understand that Company does not control, and is not responsible for content as provided by the User, messages between Users, chat messages, Profiles of the Service Providers, content relating to the Products listed, files, images, photos, video, sounds, any other material made available through the Platform ("User Content"), and that by using the Platform and its Features, You acknowledge and agree that You are solely responsible for and must evaluate, and bear all risks associated with, the posting and use of any User Content. that You understand and acknowledge that the Company shall be pre-screening and approving the User Content and the Company has the right, in its sole and absolute discretion, to refuse, delete or move any User Content that is or may be available, for violating these Terms of Use and such violation being brought to Company’s knowledge. The Users shall be solely liable for any third party claim on account of the User Content. In connection with such User Content posted by You, You affirm, acknowledge, represent, warrant and covenant that You own or have and shall continue to have the necessary licenses, rights, consents, and permissions to use such User Content and authorize Company to use such User Content to enable inclusion and use of the User Content in the manner contemplated for availing the Features of the Platform and these Terms of Use.
DATA SECURITY AND OWNERSHIP
1. You agree and undertake not to reverse engineer, modify, copy, post, distribute, transmit, display, perform, reproduce, publish, re-publish, license, create derivative works from, transfer, or sell any material, service or feature, information obtained from the Platform. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
2. All materials on this Platform, including but not limited to images, sound, audio, music, video, graphics, software, text, icons, underlying source code, software scripts etc. (the “Platform Content”), belong to the Company and are protected by relevant intellectual property rights laws. There are a number of proprietary logos, copyrights, know-how, patents, trade secrets, designs, layout, models, goodwill, service marks and trademarks on this Platform whether owned/used by the Company or otherwise. By displaying them on this Platform, the Company is not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use or attempt to use the Content may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes.
THIRD PARTY CONTENT/ THIRD PARTY WEBSITES
General third-party information such as, Product catalogues, Product description and specifications, links to third party websites and other data from external sources is made available on the Platform (“Third Party Content”). You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable or provided by the Product Listers/Service Provider in the process of advertising, exhibiting and offering to barter/rent the Products on the Platform. All Third-Party Content is provided on an “As Is” and “As Available” basis. The Platform and Third-Party Content available through the Platform may contain links to other third-party websites (the "Third Party Websites"), which are completely unrelated to the Company. If You access the link to any Third-Party Websites, You may be subject to those Third-Party Websites’ terms and conditions and other policies. Company makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and Your linking to any other websites is completely at Your own risk and Company disclaims all liability thereto.
ANTI SPAM POLICY
You certify that You shall use the Platform in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using any of the Features of the Platform. Repeated violations or failures to comply with this anti-spam policy shall result in termination of Your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.
ADVERTISEMENTS
The Platform may post, display, publish or provide advertisements at various places on the Platform. If You access any of these advertisements the terms and conditions of those links will govern Your usage. These advertisements might set cookies on their websites which may use Your data, information for various other links. You are advised to refer to the relevant terms and conditions of the respective advertisements to know more about their practice. The Company does not endorse, recommend, market or warrant the advertisements, or quality, suitability, merchantability, fitness, commitment, reasonability of the products offered by such advertisements.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
1. If You are a Product Lister, You represent that You own the Product and are duly authorized to rent or barter the Product.
2. If You are a Service Provider, You represent that, You are authorized, licensed and competent to provide the Services as per the prevailing industry standards.
3. Your Feedback regarding the quality of Services provided does not contain any confidential or proprietary information, belonging either to You or any other third party; the Company is not under any obligation of confidentiality, express or implied, with respect to the Feedback.
4. Product Lister/Service Provider shall provide warranties and other collaterals to the Customers as applicable to Product or Services at the time of delivery of Product or Services.
5. Product or Services shall confirm to the description and specification as provided in the Product Listing or Profile posted by the Product Lister or Service Provider on Platform, as the case may be.
PROHIBITED CONDUCT:
You agree not to engage in any of the following activities:
1. Violating laws and rights:
  You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation:
  You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
3. Disruption:
  You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others:
  You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incites the commission of an illegal act.
5. Impersonation or unauthorized access:
  You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform; You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
INDEMNIFICATION
You agree to indemnify, defend and hold the Company, its partners, subsidiaries, affiliates, associates, successors, assigns and licensors or any of their respective officers, agents, vendors, licensors, representatives, advertisers, Product Listers/Service Provider harmless from and against any and all claims, actions, losses, expenses, damages and costs (including attorneys' fees), arising out of Your use of the Platform or resulting from any (i) breach or violation of these Terms of Use by You, or due to Your activities related to the Platform or due to any breach of applicable laws (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or the Products and Services provided through the Platform; or (iii) any claim that any Third Party Content/Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
DISCLAIMER AND LIMITATION OF LIABILITY

USER UNDERSTANDS THAT THE COMPANY IS JUST A FACILITATOR FOR THE PRODUCT LISTER/SERVICE PROVIDER, THE CUSTOMER AND USER TO TRANSACT THROUGH THE PLATFORM AND IS NOT LIABLE FOR THE QUALITY, QUANTITY, FEATURES OF THE PRODUCTS AND SERVICES LISTED BY THE PRODUCT LISTER/SERVICE PROVIDER RESPECTIVELY. THE COMPANY SHALL BE UNDER NO OBLIGATION, LIABILITY OR RESPONSIBILITY WHATSOEVER IN RESPECT OF ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY OUT OF USE OF PRODUCTS, AVAILING OF THE SERVICES OR BARTER OF PRODUCTS BY THE USERS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO USE OF THE PRODUCTS OR SERVICES, ITS QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE PLATFORM INCLUDING, WITHOUT LIMITATION, POSTINGS AND USER CONTENT ASSOCIATED WITH YOUR USE OF THE PLATFORM, OR YOUR OWN INFORMATION AND DATA THAT YOU VOLUNTARILY SHARE ON THE PLATFORM. THE COMPANY DOES NOT ENDORSE, RECOMMEND, MARKET OR WARRANT THE PRODUCTS/SERVICES OR QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS, COMMITMENT, REASONABILITY OF THE PRODUCTS/SERVICES AND THE CUSTOMER/USER USES THE SAME AT ITS OWN DISCRETION. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS FOR USE OF THE PRODUCTS AND SERVICES BY THE USERS.

THE PLATFORM CONTENT, FEATURES, PRODUCTS LISTED AND SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THAT ALL FEATURES, FUNCTIONS OR OPERATIONS THEREOF WILL BE AVAILABLE. THE PLATFORM IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO, MENTAL AGONY SUFFERED BY THE USER DUE TO SUCH DELAY ON ACCOUNT OF DELIVERY OF PRODUCTS/SERVICES. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY’S CONTROL.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PLATFORM, THE COMPANY AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL PRODUCT LISTERS, ADVERTISERS, OR VENDORS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE USERS, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE PRODUCTS OR AVAILING OF ANY SERVICES THROUGH THE PLATFORM, OR FOR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS PROVIDED OR SERVICES AVAILED THROUGH THE PLATFORM, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, THE MAXIMUM LIABILITY OF THE COMPANY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED RUPEES ONE THOUSAND (RS.1000/-).
TERMINATION
You acknowledge and agree that Company, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate Your User Account, block Your e-mail or IP address, or otherwise terminate Your access to or use of the Platform (or any part thereof), immediately and without notice, and remove and discard any User Content, for any reason or no reason at all, including, without limitation, if Company believes that You have violated these Terms of Use. Further, You agree that Company shall not be liable to You or any third-party for any termination of Your access to the Platform or refund of any Subscription Fees or Listing Fees. Further, You agree not to attempt to use or access the Platform after any such termination. You, as the User, waive any claims against the Company for any loss and damage suffered by You on account of Your failure to comply with these Terms of Use. In the event where the User Account is terminated for any reasons whatsoever, all pending services/rental orders will be cancelled. Customers will be intimated of same. Platform will give an option to the Customers if they would like to get notifications of other Service Providers or Product Listers in same category and accordingly information will be shared by the Platform.
MISCELLANEOUS
1. Force Majeure:
  Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform or availability of the Products or Services, resulting directly or indirectly from act of nature, natural forces, or causes beyond its reasonable control.
2. Entire agreement:
  These Terms of Use along with the Privacy Policy contain the sole legal understanding and agreement between You and the Company and supersedes any and all prior understandings. We reserve the right to terminate these Terms of Use, without prejudice to any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
3. Changes:
  We have and continue to have the right to modify, change, substitute, remove, suspend or update these Terms of Use or any information in it at any time by sufficiently highlighting on the Platform about such change. Such changes shall be effective immediately upon posting to the Platform. This Terms of Use was last modified on May 2025
4. Applicable law and dispute resolution:
  These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996, as amended from time to time, and shall be held in Pune. The language of arbitration shall be English.
5. Contact Us:
  If You have questions, feedback or concerns, grievances for reporting and removal of objectionable User Content on the Platform or regarding these Terms of Use, You can contact us as per this policy, or wish to make a complaint, please contact us at as support@ispick.com. If You want to report any abuse or infringement, please contact us at support@ispick.com.

ANNEXURE A

PRODUCTS

Electronics:
1. Mobile Phones
2. Laptops
3. Tablets
4. Cameras
5. Car/Vehicle related electronic items such as car speakers, chargers, phone holders
6. Computer related goods such as monitors, keyboards, mouse, input devices
7. Headphones
8. Speakers
9. Home theatre system
10. DVD/Blu ray players
11. AC
12. Refrigerators
13. Washing Machines
14. Dishwashers
15. Fans
16. Air Coolers
17. Water Purifiers
18. Mixers/Grinders/Food Processors/hand blenders
19. Induction cooktops
20. OTGs/ovens/microwave
21. Toasters/sandwich makers
22. Coffee makers/juicers
23. Air Fryers
24. Vacuum Cleaners
Musical Instruments:
1. Guitars
2. Keyboards
3. Drum Kits
4. Classical/Wind Instruments
Fashion:
1. Men's Clothing
2. Women's Clothing
3. Children's Clothing
4. Watches
5. Sunglasses
6. Bags/Luggage/Wallets
7. Jewellery
Furniture
Home Furnishing:
1. Bathroom Linen
2. Bedding and linen
3. Carpet rugs
4. Curtains
Fine Art/Home Décor:
1. Paintings
2. Idols/Figurines
3. Clocks
4. Artificial flora and fauna
5. Mirrors
6. Showpieces
Pet Supplies:
1. Leashes
2. Food Bowls
3. Toys
4. Mats
Sports/Fitness/Outdoors Related Training Machine/Equipment For:
1. Cricket
2. Badminton
3. Tennis
4. Cycling
5. Swimming
6. Running
7. Exercise/aerobics/fitness
8. Yoga
9. Camping/Hiking
Baby Products/Toys:
1. Prams/Strollers
2. Car seats
3. Baby carriers
4. Cribs, baby cots
5. Walkers
6. Baby gym
7. Bouncy chairs
Books
Vehicles:
1. Four wheelers
2. Two wheelers
3. Cycles
DVDs, Blueray discs of Movies, Music albums

ANNEXURE B

SERVICES

Pet related services such as grooming, walking, veterinary services, training, accessories, toys, food, day care, hostels, boarding, cake making, food making, photography, pet sitting;
Driving services;
Housekeeping;
Decoration services such as murals, sculptures, landscaping;
Catering services for events, through personal chefs, cooks;
Classes and tutor services for driving, cooking, fitness & health, music, dance, tailoring, art & craft;
Painting services;
Beauty parlour services, make up, massage etc.;
Day care;
Notary, document verification, Govt. related services;
Travel services such as city tour guides;
Wedding and event planning;
Anchoring/compere, DJ, orchestra, music groups, bands;
Care givers/nannies;
Car repairing/mechanics;
Gardening;
Lifestyle services such as diagnostic testing at home, nutritionist, therapist, sustainability coach, personal shoppers, errand services, professional organizers;
Pest control;
House cleaning;
Tailoring boutiques

TERMS OF USE

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