This document 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 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 or usage of domain name [www.creosmartlms.com][www.creosmartlms.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)
The Platform is owned by Creosmart Internet Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India and its branch offices at 2nd Floor, Block F (Flora), Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru-560103, Karnataka, India and; 447/C, 12th Main, 4th Block, Koramangala, Bengaluru-560034, Karnataka, India (hereinafter referred to as "Creosmart").
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies 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 transaction. By mere use of the Platform, You shall be contracting with Creosmart Internet Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Creosmart.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Creosmart allows the User to surf the Platform or make purchases without registering on the Platform. The term "We", "Us", and "Our" shall mean Creosmart Internet Private Limited.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service. They shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Creosmart Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.
Membership Eligibility
Transaction on the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, of 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including 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 may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
As a minor, if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Creosmart reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Creosmart notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
Your Account and Registration Obligations
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address are up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification.
You agree that Creosmart shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
Communications
When You use the Platform or send emails or other data, information, or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other modes of communication, electronic or otherwise.
A platform for Transaction and Communication
The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Creosmart is not and cannot be a party to or control in any manner any transaction between the Platform's Users.
Henceforward:
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Creosmart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, and offers (including exchange offers) are by the Seller/Brand and not by Creosmart.
Placement of an order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by the Buyer in case of such cancellation by the Seller shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
Creosmart does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Creosmart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Creosmart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Creosmart is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Creosmart cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Creosmart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Creosmart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment on that behalf.
Creosmart does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
At no time shall Creosmart hold any right, title, or interest over the products nor shall Creosmart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Creosmart is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Creosmart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall Creosmart hold any right, title, or interest over the products nor shall Creosmart have any obligations or liabilities in respect of such contract.
Creosmart is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered.
Select products offered by sellers may be eligible for business purchases on the Platform.
Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the Seller(s) selling such products.
GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you
Entity name of your registered business, as provided by you
Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoices on the product page on the Platform.
Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale, or further distribution purposes.
For seamless availing of an input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availing of an input tax credit is subject to provisions of the GST Act and rules.
The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by the GST authority if the delivery address and GSTIN in the GST invoice are of different states.
If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
Creosmart is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide accurate details.
Creosmart and Seller shall not entertain any request for any revision in the GST Invoice. Creosmart and Seller shall not be liable for Your default including for reasons associated with details provided by You.
Creosmart will not be liable in case You are not able to avail input tax credit or if an input tax credit is denied to You for any reason whatsoever.
You shall be solely liable for all compliances required under applicable laws.
You agree to indemnify and hold Creosmart and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
Creosmart has the right to not allow business purchases on the Platform to You if fraudulent activity is identified.
Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction if any fraudulent activity is identified.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Platform may be due to some technical issue, typographical error or product information published by the seller may be incorrectly reflected and in such an event seller may cancel your order(s).
All Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3 music files are final. Returns of MP3 music files are not permissible on Platform. Once You have purchased MP3 music files, Creosmart encourages You to download it promptly. If You are unable to complete a download, please contact customer service within 6 hours of the payment.
Further Creosmart assumes no liability if your media player does not support the file format made available by the Seller on the Platform or your browser does not support the music download application/software available by the Seller on the Platform, by whatever name called.
You bear all risk of loss after purchase and for any loss of MP3 music files You have downloaded, including any loss due to a computer or hard drive crash.
Seller may, from time to time, at its sole discretion, remove MP3 music files from the Service without notice.
Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the music available on the Platform is the sole and exclusive property of third parties. Seller represents and warrants that Sellers are authorized by such third parties to upload the music on the Platform for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks, and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, the internet, or any other right available under applicable law shall vest in the domain of Creosmart as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and Our control or control of its licensors, as the case may be.
Your request to download an MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed, or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to playback for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.
Software: Seller may make available to You, from time to time, software for Your use in connection with the download of MP3 music files (any and all such software, individually and collectively, the "Software").
You may use the Software only in connection with the download of MP3 music files on the Platform. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no event shall Our or software licensors' total liability to You for all damages arising out of or related to your use or inability to use the Software and/or download manager or any other application exceed the amount of ₹20; and (ii) in no event shall Our or Our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.
ebook (ePub format): You will be able to purchase DRM-encrypted eBooks in ePub file format on the Creosmart Platform and the Flyte eBooks application. Such ePub files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of DRM-encrypted ePub files from the catalog of eBooks displayed on the Platform.
Download rights: You will need to be registered with Creosmart to make an ebook purchase. The eBooks you purchase from the Creosmart Platform or Flyte eBooks application shall be added to your Creosmart eBooks library from where you can download the eBooks onto your device(/s). Each downloaded ebook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by you will have to be synced with your online eBooks library. You can sync a maximum of six(6) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading and can read the eBooks using the Flyte eBooks Application only.