Vendor Agreement; Listing and Selling Policies:

After click on register button below the registration form one should be spontaneously bonded towards the vendor agreement of Welde Engineering Solutions Pvt. Ltd and became a registered seller who are complying to keep all these policies always in the activities performing here. Without accepting the agreement, a person/group shall not be permitted to function in Welde Engineering Solutions Pvt. Ltd.

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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of Welde Engineering Solutions Pvt. Ltd website (hereinafter referred to as platform).

The domain name Welde Engineering Solutions Pvt. Ltd, is an MSME Proprietorship firm with its registered office at No.157, Maravanthuruthu, Kulasekharamangalam, Kottayam and operational address at No.157, Maravanthuruthu PO, Kulasekharamangalam, Kottayam.

For the purpose of the Vendor Agreement (hereinafter referred to as “VA”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean Welde Engineering Solutions Pvt. Ltd.

Your use of the Platform and the features therein is governed by the following terms and conditions (VA) 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 Welde Engineering Solutions Pvt. Ltd, and these terms and conditions including the policies constitute your binding obligations to Welde Engineering Solutions Pvt. Ltd.

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 VA and considered a part and parcel of the VA. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the VA at any time. We will notify you through any of the communication modes online or offline in case of any changes or updates to the VA 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 VA, 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 VA. PLEASE READ THE VA CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the VA, you also accept and agree to be bound by all of Welde Engineering Solutions Pvt. Ltd’s policies applicable to you, as amended, from time to time.

Seller Eligibility

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. Welde Engineering Solutions Pvt. Ltd reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Welde Engineering Solutions Pvt. Ltd’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 VA and you have the authority to bind the business entity to the VA

Registration Obligations

To register as a seller with Welde Engineering Solutions Pvt. Ltd one should solely furnish the required details demanded in the seller registration form. Also enter all relevant information asked in the required fields of a particular seller profile. All information provided must be true of your best knowledge and credible. Any claims against the losses incurred due to the incorrect and inappropriate entry of data shall not be accepted or obligated by Welde Engineering Solutions Pvt. Ltd. Any kind of misrepresentation or fraudulence may evoke legal proceedings and Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers

Welde Engineering Solutions Pvt. Ltd reserves the sole discretionary rights in removing any seller account even after the registration due to the findings of our verification team proves such sellers are inappropriate or unfit to perform in this platform

Registration Fee

There shall not be any registration fees or product listing fees with Welde Engineering Solutions Pvt. Ltd.

Responsibility of the Seller and Use of the Platform

All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Welde Engineering Solutions Pvt. Ltd does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.

Welde Engineering Solutions Pvt. Ltd does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.

At no time shall Welde Engineering Solutions Pvt. Ltd hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Welde Engineering Solutions Pvt. Ltd is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.

The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Welde Engineering Solutions Pvt. Ltd only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.

You release and indemnify Welde Engineering Solutions Pvt. Ltd and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Welde Engineering Solutions Pvt. Ltd cannot control the information provided by other users which is made available on the Platform. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.

It is the responsibility of seller to make timely updating on their window, Welde Engineering Solutions Pvt. Ltd shall not be responsible for anything relating to this. Any failure to keep this provision intact may attract a penalty of minimum Rs.500 or termination of account or legal proceedings depends upon the depth, extent & repetition of such failure. Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers

Seller shall solely provide all required specifications, details, information etc. for selling their products but can demand necessary aid from Welde Engineering Solutions Pvt. Ltd. It shall be of true, authentic and appropriate any failure to keep this provision intact may attract a penalty of minimum Rs.500 or termination of account or legal proceedings depends upon the depth, extent & repetition of such failure. Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers

Images of your products uploading here should be clear and in white background, thumbnail image should be in 400X400 (pixels), a minimum of 3 and maximum 5 photos of gallery images of size 1024X768 (pixels) required for a specific product window. No any stolen, illegally downloaded photographs or photographs violating anybody’s copyright, IPRs, TMs etc. cannot be permitted in this platform. Any failure to keep this provision intact may attract termination of account and legal proceedings. Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers. Any way in taking and designing product photographs you can adopt assistance from Welde Engineering Solutions Pvt. Ltd.

Inappropriate listing shall not be allowed, all information and photos providing here should be genuine and exclusively relating to the products shown in that particular product window. It is the sole responsibility of the seller and any failure to keep this provision intact may attract a penalty of minimum Rs.500 or termination of account or legal proceedings depends upon the depth, extent & repetition of such failure. Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers.

Seller should be prompt in making the delivery of their orders within the time specified or promised in the product window. Any cancellation or replacement of order due to this may bring a fine of Rs.200 from the seller. Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers. For any delivery charge collecting from customers then the same shall be included in the product description.

It is the sole responsibility of the seller to deliver the exact goods/service (in terms of colour, size, brand or any other features) which the customer ordered, any cancellation or replacement of order due to the breach of this condition may bring a fine of Rs.200 from the seller. Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers.

It is the sole responsibility of the seller to ensure no damage to the product upon delivering, any cancellation or replacement due to the breach of this may bring a fine of Rs.200 from the seller. Seller shall ensure the packaging materials must be of superior quality and best fit to the product inside.

It is the sole responsibility of the sellers to obtain relevant credentials from the government or legal departments which are mandatory requirement in selling online. Find to become a Seller without relevant documents resulted informing legal authorities or termination of account. Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers.  

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.

It is the sole responsibility of the seller to include all necessary taxes like CGST, SGST, IGST, KFC or any other taxes with the product selling price. Any failure to keep this provision intact may evoke termination of account or legal proceedings. Welde Engineering Solutions Pvt. Ltd shall not be responsible for such offence or failures committed by its sellers

Sellers can use the details given by the buyers only for facilitating the sales and delivery of the products no any misuse of such data shall be permitted.

Welde Engineering Solutions Pvt. Ltd shall not be bear any warranty, guarantee and responsibility for the products sell here. To provide such offers seller shall provide separate credentials to the buyers such as the warranty or guaranty slips offered by the manufacturing company of that particular product or in case of the invoice as a proof for future services then you shall be recognized the invoice generated in Welde Engineering Solutions Pvt. Ltd for all sales occurred in Welde Engineering Solutions Pvt. Ltd.  

For making any advertisements, listing priorities (Banners, Collections, Deal of the Day and any other priorities) there shall be a fees depending upon the time, duration requirement, place and space availability for such facilities.

Sellers can accept/activate/join any programme in Welde Engineering Solutions Pvt. Ltd after receiving the approval for their interest shown.

Use of the Platform 

You agree and understand that Welde Engineering Solutions Pvt. Ltd 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. Welde Engineering Solutions Pvt. Ltd shall bear no responsibility or liability in relation to or arising out of third party user generated content. Welde Engineering Solutions Pvt. Ltd 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.  Welde Engineering Solutions Pvt. Ltd 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:

1.  You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

(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 libellous;

(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, explosives, 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 VA, Welde Engineering Solutions Pvt. Ltd prior written consent means a communication coming from Welde Engineering Solutions Pvt. Ltd 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 VA;

(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, defence, 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.

You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.

You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Welde Engineering Solutions Pvt. Ltd, Welde Engineering Solutions Pvt. Ltd, or otherwise engage in any conduct or action that might tarnish the image or reputation of Welde Engineering Solutions Pvt. Ltd or sellers on the platform or otherwise tarnish or dilute any Welde Engineering Solutions Pvt. Ltd trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Welde Engineering Solutions Pvt. Ltd systems, networks, or any systems or networks connected to Welde Engineering Solutions Pvt. Ltd.

You may not use the Platform or any content for any purpose that is unlawful or prohibited by the VA or to solicit the performance of any illegal activity or other activity which infringes the rights of Welde Engineering Solutions Pvt. Ltd and/or others. 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.

You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.

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 Welde Engineering Solutions Pvt. Ltd has no responsibility or liability over such third-party generated Content as Welde Engineering Solutions Pvt. Ltd is merely an intermediary for the purposes of this Welde Engineering Solutions Pvt. Ltd. Except as expressly provided in the VA, 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 Welde Engineering Solutions Pvt. Ltd 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.

You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law,  use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this VA, and you are not entitled to any payment or other compensation for such use.

Approvals

Product/Asset which uploaded in Welde Engineering Solutions Pvt. Ltd will be published within 3 – 6 hours after the verification and approval or it can be done only after visiting the office/factory/shop of the seller.

Sellers are allowed to make and publish offers in this site only after receiving an approval from Welde Engineering Solutions Pvt. Ltd for their proposal send to the Welde Engineering Solutions Pvt. Ltd.

Limited License

Welde Engineering Solutions Pvt. Ltd grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Welde Engineering Solutions Pvt. Ltd" and/or “Welde Engineering Solutions Pvt. Ltd” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, Welde Engineering Solutions Pvt. Ltd grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Welde Engineering Solutions Pvt. Ltd” name and/or logo on packing material used by seller for delivery of Products sold on the Platform.

Payment and Commission

Welde Engineering Solutions Pvt. Ltd directly receives all payments from the customers and the payments towards sellers should be made on or before 3rd of every month after deducting the commission fees of Welde Engineering Solutions Pvt. Ltd + GST 

Welde Engineering Solutions Pvt. Ltd shall charge a commission of 10% + GST on the selling price of all products selling in its platform which is inclusive of charges like payment gateway but excludes any delivery, packing and collecting charges.

Cancellation, Return, Replacement & Refund

All orders are subject to be cancelled with immediate effect on a request for cancellation occurred on or before the shipment, customers make such cancellation request usually through the medium provided by the Welde Engineering Solutions Pvt. Ltd. It is the sole responsibility of the seller to update the packed & shipment status available in the order window. The cancellation process will be taken place according to such statuses you update within an order window.

If the cancellation request taken place post the shipment it is the responsibility of the buyer to return the consignment properly and also the customer should incur the cost of shipping charge. Such compensation will be credited in seller’s account within 3rd of the succeeding month.

Any cancellation or replacement taken place due to improper packing, damaged product, wrong product (not the ordered packing), or any other fraudulent practice may bring fine or legal action depends upon the intensity of mistake/offence.

After necessary verification if finds customer claim is genuine, the seller shall ensure the replacement with immediate effect

Audits

Welde Engineering Solutions Pvt. Ltd shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Welde Engineering Solutions Pvt. Ltd approved third party testing agencies. Cost of such audit shall solely be borne by Welde Engineering Solutions Pvt. Ltd unless audit reflects discrepancy in seller accounts / non-compliance with Welde Engineering Solutions Pvt. Ltd seller policies, in which case cost of audit shall be borne by the seller.

Grievance Officer

In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Welde Engineering Solutions Pvt. Ltd for the purpose of this Agreement shall be Mr Udayakumar U R with email address: info@weldeengineering.com. Welde Engineering Solutions Pvt. Ltd may change the aforesaid details from time to time under intimation to you.

Limitation of Liability

IN NO EVENT SHALL Welde Engineering Solutions Pvt. Ltd BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE VA, EVEN IF Welde Engineering Solutions Pvt. Ltd HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

The VA shall be governed, interpreted, and construed in accordance with the laws of India.

Jurisdiction

The seller shall agree that any disputes or difference arising under or in relation with the transactions or activities or any policies of this site shall be subject to the exclusive jurisdiction of the Courts/Forum at Kochi, Kerala state and seller here by accede to and accept the jurisdiction of such courts/forum 

Violation of VA and Response

On violation of any of the above condition, the following actions should be taken:

                                       i) Termination of membership

                                       ii) Reporting to the law enforcement agencies