Terms and Condition
Chilo is a marketplace where users from all over Shillong connect to buy and sell goods. It is owned by Chilo - A Proprietorship firm - by Sakshi Rajesh Tekriwal with a registered office at No.2, Jhalupara, Cantonment, Shillong, Meghalaya - 793002 (“Chilo”). By using the website in any manner, including but not limited to visiting or browsing the website, you (User) agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by any hyperlink.
This Agreement lies to all users of the website, including without limitation, users who are vendors, retailers, customers, merchants, contributors of content, information and other materials or services on the website. This Agreement has to be read in conjunction, and not in derogation, with any other document/agreement signed/accepted by the Users. Any inconsistency between the terms of this Agreement and the terms of the other document(s)/agreement(s), will be decided and settled by CHILO.
CHILO may amend this User Agreement and/or CHILO Rules and Policies at any time by posting a amend version on the website, and the Users hereby irrevocably agree to be bound by such amendments made by CHILO from time to time.
Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.
CHILO IS A VENUE
CHILO acts as a venue to permit the Users, who comply with CHILO’s policies to offer, sell and buy goods within a fixed-price format. The Chilo is only a venue through which the Users can reach a larger base to buy and sell items. CHILO has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or error free listings, the ability of retailers to sell items or the ability of buyers to pay for items. CHILO does not pretest the Users or the content or information provided by such Users. CHILO doesnot 100% ensure that a buyer or retailer will actually outright a transaction. CHILO does not hold the responsibility for discontented or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items, offered by the retailers are only for a limited time and only for the available supply as offered by retailers.
Consequently, CHILO does not transfer legal ownership of items from the retailer to the buyer.
CHILO does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services offered to be sold or proposed on the website. In particular, CHILO bears no liability for any errors or omissions, on behalf of itself or any third parties.
CHILO cannot assure the true identity, age, and nationality of a user. CHILO does not make any prototype or warranty as to the attributes (such as legal title, creditworthiness, true identity, age, nationality etc.) of any of its Users. Buyers are advised to independently corroborate the bona fides of any particular User that you choose to deal with on the website and use your shrewdness on that behalf.
Buyer agrees that CHILO is a venue and as such is not liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by Retailers, other users, or outside parties on CHILO. Users shall use the CHILO service at their own risk.
By buying an item the buyer agrees to be bound by the conditions of sale included in the item's description provided that those terms of sale are not in breach of this User Agreement or otherwise unlawful. CHILO is not liable for the side effects one might bear by use of any item bought through the Website.
CHILO recommends the buyer to look for other users' testimonials before making the purchase decision. We uplift the buyers to post feedback on the retailer after the sale is closed and the product is delivered.
While CHILO takes firm steps and precautions to ensure that the retailer is genuine but CHILO does not confirm the identity of all parties or guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer concedes this risk while he agrees to these terms and conditions. CHILO suggests all users employ common sense, and encourage users to contact CHILO to report any suspicious behavior or misoperation of the site service.
a. Redemption of Earnings:
CHILO reserves the right to keep on hold the remittance to the Retailer for purposes of safety of ‘CHILO.in’ and/or Users. In such case, the Retailer will be set forth and required to complete additional check and verification and CHILO may contact the Retailer for verification of or additional information, details, data and documents.
Termination: If CHILO cancels a listing or your account, if you close your account, or if the payment of your CHILO order cannot be completed for any reason, you remain liable to pay CHILO for all unpaid fees plus any penalties, if applicable.
CHILO has the right to issue a warning, temporarily suspend or cancel the retailer’s membership of the website and refuse to give the retailer access to the website in case of non-payment of fees by it to CHILO. CHILO also has the right to take legal action in case of non-payment of fees by the retailer to CHILO. CHILO has the right to refuse any of its service to anyone, for any reason, at any time.
b. Listing and Selling
Listing Description and Pricing: By listing an item on the website the retailer guarantees that they and all aspects of the item comply with CHILO's published policies. Retailers also guarantee that they may legally sell the item. Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member agrees with the conditions specified in the offer and completes the checkout process. Retailers must precisely describe their item and all terms of sale in the CHILO website. Retailers agree to provide, record and update the data to keep it true, precise, current and complete information about themselves as prompted by CHILO's registration form, profile generation and shop set-up.
The index by the Retailer may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an websiteropriate category with websiteropriate tags. Each listing must be precise and completely describe the items for sale in that listing. Retailers must ensure that the listed items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties
All listed items must be kept in stock for successful fulfillment of sales.
If the item description does not match the actual condition of the item when received,the Retailer agrees to refund any amounts that they may have received from the buyer without fail.
The price stated in each item listing description must be a precise representation of the sale. Retailers must not alter the item's price after a sale for the purpose of avoiding CHILO's transaction fees, misrepresent the item's location, or use another user's account without permission.
Sales: All sales are unalterable. The retailer is compelled to ship the order or otherwise complete the transaction with the buyer in an apt manner. The transaction between buyer and retailer shall be considered a legal unalterable contract between those two parties.
c. Prohibited Goods: Every CHILO retailer is responsible for the laws that are websitely to them, your shop and your items, including any of the shipping restrictions for your items. There are some types of items that we don't allow in CHILO's marketplace, even if they are legal and otherwise meet CHILO's selling criteria. Some things just aren't in the spirit of CHILO.
The order would be cancelled and funds would be transferred back to the buyer in the following events:
Failure to accept the order within 48 hours.
The retailer needs to enter the dispatch days that he would take to deliver out a product while creating his listing on the website. Failure to dispatch the order within the maximum dispatch date mentioned in the product listing.
Cancellation of order by the buyer.
When retailers use the website or send emails or other data, information or communication to CHILO, they agree and understand that they are communicating with CHILO through electronic records and agree to receive communications via electronic records from CHILO periodically and as and when required.
When you acquire the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may be websitely. In addition, downloading, installing, or using certain mobile services may be banned or restricted by your carrier, and not all mobile services may work with all carriers or devices. You concede and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
CHILO does not guarantee uninterrupted access to the website, and operation of the website may hinder with numerous factors outside CHILO's control.
CHILO and its suppliers, affiliates and service providers, provide the website and services without any warranty or condition, express, implied or statutory and specifically disclaim any insinuated warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the website is at your risk.
FEEDBACK AND RATINGS
CHILO uplift registered buyers and retailers on the website to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/retailer.
CHILO will not be responsible for the feedback that buyer upload on the website and buyer should be careful about making any comments that are not factual in nature and should not post any slander or illegal or obscene contents.
As a retailer, if you continue to receive negative feedback ratings or fail to deliver your order repeatedly, CHILO has the right to suspend your membership, and you will not be able to list on the website.
QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are alone responsible for your conduct and activities on and regarding to CHILO and any or all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on CHILO.
The Retailer’s Content and their use of CHILO shall not:
a) Be false, faulty or misleading;
b) Be flagrantly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of others privacy, hateful, or racially, ethnically objectionable, disparaging, impersonating or intimidating any person (including CHILO staff or other users); modify, adapt or hack CHILO or modify another website so as to falsely imply that it is associated with CHILO; or falsely stating or otherwise misrepresenting your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s); or any other method or device relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c) Put up images not part of a listing;
d) Harm minors in any way; be indecent or contain child pornography;
e) Violate any patent, trademark, copyright or other proprietary rights or third party's trade affairs or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit, illegal or stolen items;
g) Trick or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly invading or menacing in nature;
h) Contain software viruses or any other computer code, 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
i) Intimidating 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
j) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any websitelicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, CHILO does not permit transactions in the following items including but not limited to categories as stated in the Prohibited Items Policy which can be accessed below.
k) Create liability for CHILO or cause CHILO to lose (in whole or in part) the services of CHILO's ISPs or other suppliers.
l) Link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other websitelicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
YOUR INFORMATION AND CONTENT
"Your Information" is defined as any information you give to us or other users of the website ("Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are alone responsible for Your Information, and we act only as a passive channel for your online distribution and publication of your Information.
1.You constitute and confirm that you shall alone be the legal owner of all items, goods or products of any description that you wish to offer for sale on the website. You shall have complete rights, title and authority to deal in and offer for sale such items, goods or products.
2.CHILO does not declare ownership rights in your Content. You grant CHILO a license solely to enable CHILO to use any information or Content you supply CHILO with, so that CHILO is not breaching any rights you might have in that Content. You grant CHILO a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content.
4.By posting Content on CHILO, it is possible for any third party to re-post that Content. You agree to hold CHILO harmless for any dispute concerning this use. If you choose to display your own CHILO-hosted image on another website, the image must provide a link back to its listing page on CHILO.
5.CHILO considers any unsought suggestions, ideas, proposals or other material submitted to it by users via the website or otherwise (other than the Content and the tangible items sold on the website by users) (collectively, the "Material") to be non-confidential and non-proprietary, and CHILO shall not be liable for the revelation or use of such Material. If, at CHILO's request, any member sends material to improve the website (e.g. through the Forums or to customer support), CHILO will also consider that material to be non-confidential and non-proprietary and CHILO will not be liable for use or disclosure of the Material. Any communication by you to CHILO is subject to this Agreement. You hereby grant and agree to grant CHILO, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
CONTROL OF CONTENT
CHILO is not responsible for the access of outside websites or resources linked to or referenced on the website. CHILO does not endorse and is not liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that CHILO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or professed to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
The Retailer agrees that it is alone liable for its interactions (including any purchase and sale transactions) with any other user in connection with the Service and CHILO (or its service/technology partners) will have no responsibility with respect thereto. CHILO reserves the right, but has no commitment, to become involved in any way with disputes between you and any other user of the Service.
Subject to these terms of Service Agreement, we permit you a personal, non-transferable and non-exclusive, revocable, limited right and license to acquire and use the contents of this website and services; provided that this website and the content provided in this website, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be duplified, modified, a derivative work of the website is created, reverse engineered, reproduced, reassembled, republished, uploaded, posted, transmitted, or distributed in any way, or otherwise any attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the usage of this website and services , unless such activity is expressly granted or required by law or has been expressly authorized in advance by us in writing except that you may download, display, and print one copy of the materials on any single computer solely for your personal use, and further provided that you keep intact all our copyright, trademark, and other proprietary notices.
PROPRIETARY RIGHTS INCLUDING COPYRIGHT AND TRADEMARKS
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the website are the property of CHILO. CHILO has the right to change, alter, reformat or edit such elements as websiteropriate for the way of business or need of the community. Accounts that are active but remain empty with none items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in cancellation of all related accounts.
All material on the website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not duplicate, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials or use of the materials in any manner and for any purpose other than personal, non-commercial use is a breach of the copyrights, trademarks and other proprietary rights in such material, and is not permitted.
Despite the foregoing, it is expressly rendered that You will retain ownership and shall alone be responsible for any content that You provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the website for public viewing and reproduction/use of your content by third party users, you accept the User License Agreement whereby you grant a non-exclusive license for the use of the same.
INTELLECTUAL PROPERTY RIGHTS-COMPLAINTS
If you have an intellectual property rights-related complaint about material posted on the Service, you may contact us at the following email address: email@example.com
In this regard, you must send a notice proclaiming that materials hosted by or given through the Service violation intellectual property rights. Any such notice must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being violated;
a description of the copyright-protected work or other intellectual property right that you claim has been breached;
a description of the material that you claim is void and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is correct, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
CHILO will promptly terminate without notice the accounts of users that are determined by CHILO to be "repeat violators." A repeat violator is a user who has been notified of violation activity or has had content they posted removed from the Service at least once.
You shall indemnify and hold harmless CHILO and (as applicable), affiliates, third-parties, technology/service providers and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty forced due to or arising out of Your breach of the User Agreement, CHILO Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
LIMITATION OF LIABILITY
In no event shall CHILO or its suppliers, affiliates and technology/service providers be responsible for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising under, out of, or in connection with, the website, its services or this Agreement (including tortuous claims arising thereof).
CHILO's liability in any circumstance is limited to the amount of fees, if any, paid by you to CHILO, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the functioning of the website will be error free and/or uninterrupted.
Consequently, CHILO presume no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, hindrance, or corruption of any data or other information transmitted in connection with use of the website, which are incorporated by way of reference in this Agreement.
2. Any hindrance or errors in the operation of the website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CHILO has been advised of the possibility of such damages).
If any segment of this Agreement shall be held invalid by the court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where rectification to reflect intent or provide clarification to the service terms is allowed for any voidable segment, such remedy shall be made first before any clause is held null and void.
Unless otherwise clearly stated, notices to CHILO must be sent by email to firstname.lastname@example.org Notices to you will be sent to the email address provided by you during the registration process.
In the event that any transaction or strived transaction relating to any item, good or service which violates this User Agreement or websitelicable law comes to your knowledge, you shall take all necessary steps to inform CHILO of the same.
This Agreement sets forth the complete understanding and agreement between the Retailer and CHILO with respect to the subject matter hereof. The Retailer shall at all times promise full compliance with the websitelicable provisions of the Information Technology Act, 2000 and rules thereunder as websitelicable and as amended from time to time and also all websitelicable Domestic laws, rules and regulations (including the provisions of any websitelicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) inter-alia regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. The buyer shall not engage in any transaction in an item or service, which is prohibited by the provisions of any websitelicable law including exchange control laws or regulations for the time being in force.
You shall not try to or circumvent or manipulate our fee structure, the billing process or fees owed to CHILO.
CHILO is a market medium where people from all over Shillong connect to buy and sell goods.
1.CHILO acts as a place to allow users who agree to CHILO's policies to offer, sell and buy goods. CHILO is indirectly into the transaction between the buyers and the retailers. All the products and information listed on the website are given on an 'as is where is' basis.
2.Restricted items, services, and items that breach our intellectual property policies are not allowed on CHILO.
3.Anyone above the age of 18 years can register their shop on CHILO.
4.Shops on CHILO must come up with CHILO's standards of customer service and honor their shop's policies.
5.Honesty is utmost important to CHILO and its community. We only ask that shop owners present themselves, their business, and their items precisely and correctly.
6.CHILO's Trust and Safety team might reach out to shops in violation of these guidelines. While we prefer to help you bring your shop into concurrence with our rules, CHILO may close shops that do not obey.
7.We have the right to pull out listings that aren't in the letter or spirit of CHILO's guidelines.
8.CHILO may make necessary amendments to this User Agreement and/or CHILO Rules and Policies at any time by posting a revised version on the website.
CHILO's marketplace is based on trust. You can earn the trust of your buyers by following these guidelines on how to maintain a crystal clear shop, provide fantastic customer service, and respect our community. CHILO will help you maintain a high level of trust with your buyers through our Retailer Service Level Standards ("SLS").
1.Only list those items in your shop list that are for sale and fall into one of the categories mentioned on our website.
2.Items must be precisely represented in listings and listing photos.
3.Be careful about whether buyers can submit reviews of items they have purchased.
4.Respect the intellectual property of others. If you feel someone has breached your copyright, you can report it to CHILO.
5.Do not sell prohibited or restricted items.
6.Please release your shop's shipping and processing times.
CHILO TERMS & CONDITIONS
In case the buyer is not satisfied with the quality of the product, the buyer might return the product at the time of delivery itself. The retailer will have to accept the return.
BUYER PROTECTION POLICY
All return requests must be initiated at the time of delivery only. No return requests will be looked upon post that and the funds will be remitted to the retailer. (This policy may change in the future, which will be informed on timely basis)
You may not be able to use our services if your delivery location is outside our current area of service. We will communicate about the same at the time of confirming your order.
You comprehend the delivery periods estimated to you at the time of confirming the order is a websiteroximate estimate and may change.. We will not be liable for any delay in the delivery of your order.
Your order will be delivered only to the address assigned by you at the time of placing the order on the platform. We have the right to cancel the order, in our sole circumspection, in case of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in case of change in the delivery location shall be at our sole circumspection.
You shall undertake to provide adequate directions, information, and authorisations to accept delivery. In case of any failure to accept delivery, failure to deliver within the given time due to your failure to provide websiteropriate instructions, or authorisations, then such goods shall be considered to have been delivered to you and all risk and responsibility in relation to such goods shall be beared by you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and unalterable.
You apprehend that our responsibility ends once your order has been delivered to you.
CHILO – Buyer Protection Policy
We seek to have the most Buyer friendly policies which sanction our Buyers to return the products at the time of delivery, if due to some reason they are not satisfied with the quality of the product. We will take the product back and issue a replacement product/ reward points / coupons or credit note for the value of the return products which will be deducted on your next purchase on the platform.
As a Buyer you can cancel your order anytime within 5 minutes of placing your order. We request you to maintain a low cancellation rate as it affects planning for our Retailers and their delivery agents. In case of cancellation we will immediately refund any payments already made by you for the order. If we suspect any swindling transaction which disobeys the terms & conditions of using the website or based on your order history, we at our sole discretion could cancel such orders.
Before placing an order kindly check the product description carefully. By placing your order, you agree to be binding conditions of sale included in the item's description.
All product return requests have to be made at the time of delivery. We request you to check the items in the order at the time of delivery and accept it only if it meets your expectation. No return requests will be accepted post delivery.
You confirm that CHILO will not be responsible for delivery delays or failure on account of incorrect/inadequate delivery information provided by you.
We request your cooperation to stick to the cancellation and return terms and conditions to avoid inconvenience. Any refund requests will be evaluated on a case to case basis.
Our decision on refunds shall be final and unalterable.
Rest assured, for COD orders, you will not be required to pay for the order if at least one of the following concerns are highlighted to the delivery partner at the time of delivery:
i. orders where packaging is either tampered or damaged at the time of delivery.
ii. wrong order being delivered; or
iii. missing items