1. Commencement, Term, Renewal

The date of execution of this agreement shall be the commencement date and the agreement shall remain valid until any policy violation from the Seller.

2. Marketing Tools/Support, Products, Availability of products, etc.

a) The Seller will regularly update the stocks at kitab.innoriclabs.com/ about the availability of the products.
b) The Seller shall enter detailed specifications like size, colour, weight etc.
c) Service Level Agreement (SLA): Seller to ensure that both the quality and the dispatch time as entered by him shall be respected. Any breach or delay in dispatch shall lead to
warning. Negligence on the part of Seller in respecting the SLA will lead to permanent closure of account.
d) Seller shall not promote or send any other books other than the order received. No promotional materials shall be inserted inside the books. Any violation of the rules will lead to immediate closure of account.
e) No seller is allowed to sell above the MRP price of the book. For those books which do not have MRP printed, seller may set a reasonable price.
f) Any change of edition shall be updated by the Seller under a different SKU ID. However, if the change is only minor like cover image change, then only revised image has to be uploaded under the same SKU id.

3. Fee/Commissions.

a) All payments done by customers via www.Kitabmart.com will be received to kitab.innoriclabs.com/ account through all online payment methods/ COD (applicable in India Only). The reimbursement of such payments to the seller will be done as per Schedule A (Refer seller guidelines V1.0).
b) The debit of the due amount to the Seller shall be accompanied by a complete statement of account. In case of any discrepancy in the statement of account, Seller to notify the same within 7 days of receipt of the payment.

4. Order, Handling, Delivery etc.

a) Once the order has been placed by a customer, the intimation of the same will be given to the seller through email. Also the seller can see it on the Seller dashboard.
b) Packing: Seller should pack the books strictly according to the procedure mentioned in the Seller guidelines V1.0. Poor packing quality reflects negative opinion of the seller and will result in rejection by customer
c) Dispatch: The maximum time allowed by the seller is 3 days from the order date. In case the Seller fails to dispatch the product within the aforesaid time, kitab.innoriclabs.com/ will cancel the order and charge a cancellation fee (9% of the total order value) to the seller. If the seller, for any given month, defaults by more than 4% of the number of orders, then breach of the agreement will lead to immediate closure of account.
d) The Seller shall ensure that the products dispatched are as per the specifications enlisted and that there is no variation whatsoever.
e) The customer has the right to reject or accept the order with or without reasons. Any fees incurred in returning such item to the Seller shall be debited from the Seller account as per Seller guidelines V1.0. However, if the order is cancelled after dispatch OR the order is undeliverable due to wrong shipping address, in both cases the cost will be borne by kitab.innoriclabs.com/.

5. Covenants of Seller

The Seller hereby covenants as under:
a) Does not send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the financial interests or otherwise of the Firm, to the customer either along with the products supplied or in any manner whatsoever.
b) Not to do any act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product.
c) To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect or misleading description.
d) To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision.
e) To provide satisfactory proof about the ownership/licenses of all the legal rights in the Products that are offered for sale on kitab.innoriclabs.com/ as and when demanded by kitab.innoriclabs.com/
f) To be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Seller. No claim of whatsoever nature will be raised on kitab.innoriclabs.com/

6. Rights of kitab.innoriclabs.com/:

a) Seller agrees and acknowledges that kitab.innoriclabs.com/, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on kitab.innoriclabs.com/ by the Seller without any prior intimation to Seller in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of kitab.innoriclabs.com/. In such an event, kitab.innoriclabs.com/ reserves the right to forthwith remove/close the account of the Seller without any prior intimation.
b) At any time, if kitab.innoriclabs.com/ believes that the services are being utilized by the Seller or its Customers in contravention of the terms and provisions of this Agreement, kitab.innoriclabs.com/ shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the seller as the case may be, forthwith remove/block/close the online store of the Seller and furnish such details about the Seller and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.

7. Limitation of Liability

a) kitab.innoriclabs.com/ on the basis of representation by the Seller is marketing the products of the Seller on the shopping portal wKitabmart.com. This representation is the essence of the Contract. It is expressly agreed by the seller that kitab.innoriclabs.com/ shall under no circumstances be liable or responsible for any loss, injury or damage to the Seller, customer or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in an unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Seller agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through online shopping portal kitab.innoriclabs.com/ (including but not limited to quality, quantity, price, use for a particular purpose, or any other related claim) and shall hold the Firm harmless and indemnified against all such claims and damages. Further kitab.innoriclabs.com/ shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Seller or any of its representatives.

8. Notices

a) All notices and other communication under this Agreement shall be in writing, in English language and shall be caused to be delivered by hand or sent by email or courier in each case to the addresses as set out at the beginning of this Agreement.

9. Intellectual Property Rights

a) The Seller expressly authorizes kitab.innoriclabs.com/ to use its trademarks/copyrights/ designs /logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the website and at such other places as the Firm may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark/logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and/or logos.