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BUYER TERMS

Last updated on: May 17, 2022

These Buyer terms and conditions (the “Buyer Terms and Conditions”) shall be applicable specifically to Buyers (defined hereunder) in addition to the “Terms of Use” available at https://www.cybuy.me. These Buyer Terms and Conditions describe the terms on which a Buyer can avail of the Buyer Services (defined hereunder) through the Platform.

In the event of any conflict or inconsistency between the Terms of Use and these Buyer Terms and Conditions, then the provisions of these Buyer Terms and Conditions shall prevail, to the extent of such conflict or inconsistency.

 

PLEASE READ THESE BUYER TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING AS A BUYER ON THE PLATFORM. THE BUYER’S REGISTRATION ON THE PLATFORM SHALL SIGNIFY THE BUYER’S UNCONDITIONAL ACCEPTANCE OF THE BUYER’S TERMS AND CONDITIONS AND THE BUYER’S AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

1. Defined terms

    1. All defined terms used in these Buyer Terms and Conditions shall have the same meaning as assigned to them under the Terms of Use, unless otherwise specifically defined herein. The Buyer Terms and Conditions, together with the Terms of Use, shall be referred to as the ‘Terms of Use of the Platform in relation to the Buyer.
    2. The following defined terms shall apply in these Buyer Terms and Conditions:
      1. “Buyer” shall mean a buyer of the Products listed on the Platform.
      2. “Buyer Services” shall mean the services described in Clause 3 of these Buyer Terms and Conditions.
      3. “Seller” shall mean any person registered on the Platform as a seller of the Products listed on the Platform.
      4. “Shipment” shall mean any Product, which will be transported by the seller under a single waybill.

2. Registration

    1. The Buyer shall be permitted to access the Platform and use the Buyer Services, only upon creating an Account by registering on the Platform.
    2. The Buyer’s ability to continue using the Platform to avail of the Buyer Services is subject to continued registration on the Platform.
    3. In order to register as a Buyer on the Platform, the Buyer will be required to create an Email, password, name, and provide such details as indicated as necessary.

3. Buyer Services

    1. The Platform provides the following services for Buyers (collectively, “Buyer Services”):
      1. It allows Buyers to view the profiles of Sellers registered on the Platform and the Products offered for sale by such Sellers, along with any offers, packages, and prices;
      2. It facilitates regular interface of Buyers with their chosen Seller to order and pay for Products, provided the chosen Seller has availed of the facility to accept orders and online payment through the Platform;
      3. It enables the Buyers to receive order information acknowledgements and dispatch information acknowledgements;
      4. It may provide Buyers with the option to post feedback and ratings in relation to any Seller from whom the Buyer has purchased any Product;
      5. It facilitates periodic service reminders from Sellers to the Buyers, in relation to the Products purchased, if applicable;
      6. Any other services may be provided or offered by CyBuy Marketplace to the Buyers from time to time.
    2. The Buyer Services are only being provided to facilitate the purchase of Products on the Platform, and CyBuy Marketplace shall not be responsible for the transaction to be entered into between a Buyer and a Seller. All commercial and contractual terms for any sale of the Products through the Platform are those offered by the Seller only, and the Products shall be sold on such terms as agreed upon between the Seller and the Buyer alone. Such commercial and contractual terms include without limitation, Product prices, terms, date, period, warranties, and after-sales services. CyBuy Marketplace does not determine, advise, have any control over, or in any way involve itself in the offering or acceptance of such commercial and contractual terms between the Sellers and the Buyers. CyBuy Marketplace shall not and is not required to mediate or resolve any dispute or disagreement between the Buyer and the Seller.

4. Conditions applicable to Buyers

    1. CyBuy Marketplace has not independently verified and does not guarantee the truthfulness of the credentials of the Sellers and any description of their business, authorizations, or Products including the nature of Products, pricing, location of the business, and contact details, etc. provided by the Sellers. Such information has been collected from the concerned Seller, who has guaranteed the truthfulness and completeness of the same, and CyBuy Marketplace shall not in any manner, be responsible or liable for such information.
    2. Any orders placed by Buyers for Products through the Platform shall be subject to the Terms of Use and the Buyers are deemed to have read and accepted the same at the time of ordering the Product.
    3. It shall be the responsibility of the Sellers to honour the Buyers’ orders. CyBuy Marketplace is not responsible and has no liability for the genuineness, the quality, or completeness of the Products sold by the Sellers to Buyers, including any delay in the delivery of the Products, wrongful delivery of the Products, etc., or any offers, discounts or packages communicated by the Sellers, or for any misconduct or fraud committed by a Seller or its employees, representatives, etc. CyBuy Marketplace cannot be called upon to provide any guarantee/security with respect to the sale of Products by the Sellers
    4. Buyers may conduct searches on the Platform to look for Sellers to order the Products. The results for searches are derived on the basis of an algorithm that considers various factors, including but not limited to, the proximity to the location from where the order has been placed, Buyer reviews and feedback, pricing, etc. Alternatively, the Sellers may be listed on the basis of Buyer-selected search criteria. In either case, CyBuy Marketplace does not have any control over the results of searches carried out by Buyers on the Platform. The result of any search for Sellers conducted by Buyers on the Platform shall not be construed as the opinion or preference of CyBuy Marketplace.
    5. Buyers may provide feedback, review, ratings, and comments about the Seller. CyBuy Marketplace is in no manner responsible or liable for the same. All views and opinions expressed on the Platform by the Buyers, are those of the individual Buyers only and do not in any way reflect the opinion of CyBuy Marketplace. CyBuy Marketplace shall not, and is not required to, mediate or resolve any dispute or disagreement between any Seller and Buyer.
    6. When a buyer places an order to purchase a Product from the Platform, the Buyer will receive an email confirming receipt of the Buyer’s order and containing the details of the Buyer’s order. The e-mail is an acknowledgement that CyBuy Marketplace has received the Buyer’s order on the Platform, and it does not confirm acceptance by the Seller of the Buyer’s offer to buy the Products ordered.
    7. CyBuy Marketplace does not make any representation or warranty, express or implied, as to title, non-infringement, merchantability, quality, value, saleability, or fitment for a particular purpose of the Products sold by the Sellers on the Platform. CyBuy Marketplace does not implicitly or explicitly support or endorse the sale or purchase of the Products on the Platform.
    8. The risk of loss and title for the Products shall be that of the Seller until delivery of the Product to the Buyer. If there is any damage or loss caused to the Product during shipment, the Seller shall be responsible for the same.

5. Representations and Warranties by Buyers

    1. Each Buyer represents and warrants the following:
      1. The Buyer shall provide genuine feedback, review, ratings, and comments about the Sellers and shall not provide information that is not accurate or true;
      2. For all the Products listed on the Platform and purchased by the Buyer, the Buyer shall raise requests for returns, refunds, and adjustments only in accordance with the CyBuy Marketplace Return and Refund Policy.

6. Payments

    1. No fee is presently applicable for registration on the Platform or for placing orders for Products on the Platform by a Buyer.
    2. Receipts for payments made by Buyer shall be sent to Buyer’s registered email address.
    3. Buyers may add, delete, and edit the payment information provided from time to time through the Platform.
    4. Except to the extent otherwise required by applicable law, CyBuy Marketplace is not liable for any payments authorized through the Platform using the Buyers’ payment information. Particularly, CyBuy Marketplace is not liable for any payments that do not completed because: (i) the Buyers’ account does not contain sufficient funds to complete the transaction (ii) the Buyer has not provided CyBuy Marketplace with the correct payment information; (iii) the Buyers’ payment card has expired; or (iv) circumstances beyond CyBuy Marketplace’s control (such as but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

7. Disclaimers

    1. CyBuy Marketplace does not implicitly or explicitly support or endorse the purchase of any Products on the Platform. CyBuy Marketplace accepts no liability for any errors, defects, or omissions, and provides no guarantee to rectify such errors, defects, or omissions, whether on behalf of itself or any third parties.
    2. CyBuy Marketplace does not own any rights or interests in the logos, images, trademark, etc. displayed along with the Product.
    3. CyBuy Marketplace shall not be responsible or liable for any non-performance or breach of any contract between Sellers and Buyers. CyBuy Marketplace cannot, and does not, guarantee that Sellers and Buyers will perform the transaction(s) as concluded on the Platform. CyBuy Marketplace shall not, and is not required, to mediate or resolve disputes or disagreements between Sellers and Buyers, as CyBuy Marketplace is only a facilitator of the sale transaction on the Platform.

8. Remedies

    1. CyBuy Marketplace reserves the right to at any time and without reason: (i) limit or remove access of the Buyer to the Platform and/or the Buyer Services or any part thereof; and/or (ii) delete the Account of the Buyer.
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