Terms of use

This document (“Terms”) is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended 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 a legally binding agreement between Intrabuyer E-commerce, a proprietorship firm incorporated under the Companies Act, 2013 with its registered office at street no.5 station road, Shamli, muzzafarnagar, Uttar pradesh, pin code-247776, India (as may also be referred to as “we”, “us”, “our” or “Intrabuyer” hereinafter, as the context requires) and Buyer (as defined below) (acting by itself or through its representatives, as the case may be, referred to as “you”, “your”, “User”, “Buyer” hereinafter) who accesses or uses or transacts on [www.intrabuyer.com] website ( “Platform”) and purchases Products for business to business (“B2B”) commercial purposes only.

By accessing or signing up to the Platform and/or Services (as defined below), you agree to be bound by these Terms, any additional terms (including pertaining to specific offers, promotions, discounts, etc), conditions, guidelines and rules that we provide to you, including in connection with your use of the Services that we may offer or make available to you, other rules and policies of the Platform (including but not limited to Return Shipment Policy, Undelivered Shipment Policy, Shipment Policy, Privacy Policy) (collectively referred to as “intrabuyer’s Policies”) as may be amended, modified or replaced from time to time. Please read them carefully.

We retain an unconditional right to modify or amend the Platform Policies. We, at any time, have the right to add to and/or alter, modify, change or vary all or any of the Terms or to replace wholly or in part, the contests, offers, schemes, promotions etc. with another contest, offer, scheme, promotion etc. or to withdraw it altogether. User can determine when these Terms were last modified by referring to the “Last Updated” legend above. User can access the latest version of these Terms at any given time on our Platform. User should regularly review the Terms on the Platform. User's continued use of and access to the Platform shall be User's consent to such changes. In the event the modified Terms are not acceptable to User, User should discontinue accessing the Platform.

Upon your request in writing, we may also make these Terms and Privacy Policy available to you in one of the languages specified in the Seventh Schedule of the Constitution of India. You may send such request to us on business@intrabuyer.com. Upon receipt of such request, we will share the Terms in the language so opted by you within seven (7) working days. In case of any discrepancy between the English version of the Terms and version in language so opted by you, the English version shall prevail.

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR INTRABUYER.

  1. DEFINITIONS

For the purposes of this document, the following capitalised terms shall have the following meaning:

  1. Applicable Law(s)” shall mean any statute, national, state, provincial, local, municipal, foreign, international, multinational or other law, treaty, code, enactment, regulation, ordinance, rule, judgment, notification, direction, order, decree, bye-law, approval of any Governmental Authority, directive, guideline, policy, requirement or other governmental restriction or any similar form of decision of or determination by, or any interpretation or administration having the force of law of any of the foregoing by any Governmental Authority having jurisdiction over the matter in question, whether in effect as of the date of this Terms or at any time thereafter.

  2. Business Day” shall mean Monday to Saturday, 10:00 am to 07:00 pm and shall not include such days on which the banking institutions in India are authorized or obligated under the Applicable Laws to remain closed;

  3. Buyer” shall mean business users, holding valid and current business registration documentation, including but not limited to a Goods and Services Tax (GST) registration certificate, trade license, and/or any other legally recognized business identification document, as required under Applicable Laws, who access, use, or transact on the Platform, avail Services or purchase Products from it solely on a business to business (“B2B”) basis for commercial purposes and not for personal consumption.

  4. Consignee” shall mean the Buyer or any person named in the Delivery Note or his/her representatives that takes the delivery of Shipment being transported.

  5. Dangerous Goods” includes products that are or may become dangerous, hazardous, inflammable, radioactive, or of damaging nature including products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests; provided however that, household insecticide products shall not constitute Dangerous Goods.

  6. Delivery Note” shall mean the waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address and contact number of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and Cash on Delivery details (if applicable).

  7. Governmental Authority” shall mean any:

    1. government (central, federal, state or otherwise) or sovereign state;

    2. any regulatory bodies, including the RBI and the Securities and Exchange Board of India;

    3. any governmental agency, semi-governmental or judicial or quasi-judicial or administrative entity, department or authority, or any political subdivision thereof; or

    4. international organization, agency or authority,

    5. including, without limitation, any stock exchange or any self-regulatory organization, established under any Applicable Law (to the extent acting in its capacity as a government entity and not as a contracting or private party);

  8. including” herein shall always mean “including, without limitation”.

  9. Order(s)” shall mean order placed by Buyer for purchasing Products / Services on the Platform.

  10. Order Detail(s)” shall mean the details relating to the Order, including without limitation, the description of Products, details of Supplier and the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number, etc.

  11. Platform Content” shall mean any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform;

  12. Product(s)” shall mean goods of any categories (other than Dangerous Goods).

  13. Services” shall mean services to enable  wholesale trading as provided through the Platform including:

    1. enabling Buyers to discover Products and order them;

    2. sale of Products to Buyers;

    3. tracking Shipments, Products and other logistics services provided by us or our sub-contractors;

    4. processing payments (including payment which are processed through integrated third-party service providers);

    5. any additional services provided, offered or introduced by us to enhance business transactions on the Platform.

  14. Shipment(s) / Consignment(s)” means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.

  15. User Content” shall mean any information, content or material of the Buyer that is on the Platform.

  1. ELIGIBILITY

Your acceptance of these Terms implies that you have the capacity to enter into a legally binding contract as per the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents, etc. are not eligible to use the Platform. For the purposes of these Terms, the term ‘persons' shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

  1. PROVISION OF SERVICES

    1. You must register on the Platform in order to access and use the Services. Further, we reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that we may impose in its discretion.

    2. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. we disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider(s).

    3. User agrees and confirms that we may charge commissions, transaction fees, or other charges for the use of certain features on the Platform. Any applicable fees will be communicated to Users in advance.

    4. User agrees and confirms that any Products/Services provided to User by us are on best efforts basis and we may engage services of third-party service provider(s) to facilitate such Services to User. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

    5. User agrees and confirms that it will comply with Applicable Laws and our Policies while availing the Services. we may suspend or terminate User's access for any violations, fraudulent activities, or misuse of the Platform.

    6. User acknowledges that the Services are being provided to you on a ‘as is' and ‘as available' basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.

    7. We may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with us.

  1. REGISTRATION OF USERS

  1. You must be registered on the Platform as a Supplier/Buyer to access or avail the Products and Services. While registering yourself on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhaar, address, phone number, geographical location, image of the place of business and/ or any other information that we may require you to provide.

  2. You agree and acknowledge that you will transact on the Platform only for your business purposes that is for purchase of Products for further distribution or sale and not for personal use or consumption. Except with our approval, one User may only register one account on the Platform. we may cancel or terminate an User's account if we has reasons to suspect that the User has concurrently registered or is controlling two or more accounts. Further, we may reject User's application for registration for any other reason whatsoever, without assigning any reasons to the User.

  3. We will send you a confirmation email after verifying all information that you provided while registering on the platform. 

  4. We reserves the right to verify, approve, suspend, or reject any registration at its discretion, including requesting additional information / documents for verification.

  5. When you access the Platform, you are electronically communicating with us. we may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from us with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from us.

  6. You agree and acknowledge that we may directly or through a third-party service provider in accordance with the terms of the Privacy Policy validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your User account information. If any information provided by you is found to be incorrect or misleading, we reserves our right to take appropriate steps as set forth under  these Terms. For the purposes of verification of your account information, you agree that we may share your information with such third-party service provider in accordance with the terms of the Privacy Policy.

6.TRANSACTIONS WITH BUYERS

  1. All products available on the platform will be exclusively sold by registered Suppliers on our platform. These suppliers are solely responsible for raising invoices directly to buyer for products sold by them through our platform. So, Buyers must pay in accordance of the invoice raised to them to the suppliers/third party service provider's account. We (Intrabuyer Ecommerce) do not raise any invoice to buyers as we do not hold any inventory of goods sold through our platform. Third party service providers ( Logistics service ) are only responsible to raise invoice  to buyers for logistics service provided by them.

  2. Buyer agrees that Intrabuyer E-commerce shall not be liable for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/ arise as a result of or in connection with any risk related to transaction. Buyer agrees to release and indemnify us (and our agents, affiliates, employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with any transaction.

  3. Buyer acknowledges that we shall neither be liable nor responsible for any actions or inactions of the Buyer nor any breach of conditions, representations or warranties of the Products and hereby expressly disclaims any and all responsibility and liability in that regard. The Buyer shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any Applicable Laws.

  1. USER'S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree that:

  1. You are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;

  2. You have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

  3. You will use the Platform and Services for business purposes only;

  4. You will not use or access the Platform for your personal purposes and any Products that your purchase shall be for commercial purposes and not for personal consumption;

  5. the address you provide when registering your account on the Platform is the User place of business of your business entity;

  6. Your business is validly existing and incorporated / established as per the provisions of Applicable Laws;

  7. You acknowledge and agree that you are solely responsible for:

    1. obtaining and maintaining all necessary licenses, registrations, permits, and authorizations required under the Applicable Laws for the purchase, storage, distribution and resale of the Products, as applicable;

    2. purchasing, storing, distribution, selling, handling, and using the Products in compliance with all Applicable Laws and

    3. any other Applicable Laws governing the purchase, sale and distribution of Products from the Platform;

  8. You shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding the User Content submitted, posted or displayed;

  9. any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party;

  10. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete;

  11. You will maintain and promptly amend all information and material to keep it true, accurate, current and complete;

  12. You may be required to promptly furnish additional documents or information as and when requested by us to continue using and accessing the Platform and availing the Services. You agree to promptly provide such additional documents and information, failing us reserves its right to take appropriate measures as set out under (Breaches and Suspension) of the General Terms; and

  13. You consent to the inclusion of the contact information about You in our database and usage of the same as per our privacy policy.

     8. WARRANTY AND LIABILITY

    The Buyer must inspect the Products upon delivery and report any defects or non-conformance immediately. If we determines that the issue cannot be resolved, the Buyer may return the affected Products, subject to our approval and return policies.

    We do not provide any warranties, whether express or implied, including but not limited to warranties of merchantability, quality, fitness for a particular purpose, or durability. To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or purchase of the Products.

    1. DELIVERY

    1. We reserve the right to engage the services of third-party service providers to deliver the Products to you. It is hereby clarified that so far as the collection of payments are concerned, such third party shall act in a fiduciary capacity solely for the purposes of collection of payment from you.

    2. Upon receipt of Order, we will use our best endeavours to deliver the Products to the User to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Buyer. We will not verify the identity of the person receiving the Shipment at the designated delivery address, however, we will obtain the signature of recipient of the Shipment on the Delivery Note. The Buyer hereby authorises us to contact the Buyer, at any given point of time, by way of calls or SMS or any other method of messaging (Example: WhatsApp) for transactional purposes including but not limited to order confirmations and/or delivering the Order(s). udaan will not be responsible for any delay in delivering the order placed by you on the Platform caused due to the incorrect or incomplete address provided by you.

    3. At the time of placing the Order, if the Buyer chooses the option, pay ‘cash on delivery', we will collect the amount pertaining to the Order at the time of delivery of the Products to the Consignee. It is further clarified that if such payments are collected by a third-party service provider, then such third party shall act in a fiduciary capacity solely for the purposes of collection of payment from you.

    4. Consignee(s) are required to behave properly with the pickup and delivery associates of udaan. Any misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. udaan reserves the right to suspend your use or access to the Platform in its sole discretion if deemed that a Buyer is in violation of this clause.

    5. Every effort will be made to adhere to the delivery schedule, however, the Shipment may be delayed due to circumstances beyond our reasonable control or due to any force majeure event.

    6. Further, you agree to be bound by the provisions of the Shipment Policy which can be accessed here.

      1. UNDELIVERED SHIPMENT

    You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed here.

    1. RETURNS

    In case of any Return Request (as defined under the Return Shipment Policy), you agree to be bound by the provisions of the Return Shipment Policy which can be accessed here.

    1. SALE IN INDIA ONLY

    Unless otherwise specified, the Products on the Platform are presented solely for the purpose of sale in India. we makes no representation that the material on the Platform is appropriate or available for use in other locations/ countries other than India. Those who choose to access the Platform from other locations/ countries other than India do so on their own initiative and we are 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.

    1. DATA PROTECTION

    Personal information supplied by User(s) during the use of the Platform is governed by our privacy policy which can found here.

    1. LIMITATION OF LIABILITY AND INDEMNITY

    1. To the maximum extent permitted by law, the Services provided by us on or through the Platform are provided “as is”, “as available” and “with all faults”, and we hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

    2. we procures Products from third-party vendors and offers them on the Platform. we have endeavored to ensure that all the information on the Platform is accurate. However, we makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; we does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase and/or use of Products or Services offered or displayed on the Platform does not violate any third party rights; and we makes no representations or warranties of any kind concerning any product or service offered or displayed on the Platform. Except as provided herein, to the fullest extent permissible by Applicable Law, the aggregate liability of us for any claims that may arise in connection with these Terms shall not exceed an amount of INR 1000/-.

    3. Under no circumstances will Intrabuyer E-commerce be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if we has been advised of the possibility of such damages.

      1. FORCE MAJEURE

      Under no circumstances shall we be held liable for any losses, delay or failure or disruption of the Platform Content or Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.

      1. CUSTOMER SUPPORT: Email Id: business@intrabuyer.com

        Support channel: The Buyer shall select the "Call Us" option to either directly connect or request a callback from the our customer support team