The domain name ProcEzy.com, an internet based portal, is operated by ProcEzy Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “ProcEzy” or “We” or “Our” or “Us” or “Company”) having registered office at No. 22/3-1 Marappa Road Jogupalya Halasuru Bangalore 560008.
The following agreement captures the terms and conditions of use ("Agreement"), applicable to your use of ProcEzy.com ("WebSite"), which promotes business between suppliers and buyers. It is an agreement between you as the User(s) or its representatives, third party vendor(s) (hereinafter the expressions “You” “Your” or “User(s)”) person(s) who accesses or uses the WebsiteWebsite / Brand / Logo / Business Name for any purpose. and ProcEzy Technologies Private Limited.
By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including the Privacy Policy, Return Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy, Return Policy, Refund Policy), as may be amended, updated and modified from time to time.
However, if you navigate away from the Website to a third party website, you may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern your use of that website.
If you are entering into these terms and conditions on behalf of your employer or acting as an employee, or by estoppel, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions. You agree to abide by such other terms and conditions, including, where applicable, representing that you have the legal capacity to use or participate in such service or feature.
Website- Solely a Platform
The Website acts as a platform to connect Buyer(s) and Seller(s) and for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services including but not limited to Hardware and Software related products and IT based services, only for business purposes and not personal use. ProcEzy are not parties to any negotiations that take place between the User(s) of the Website and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Website.
ProcEzy does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Website or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between ProcEzy and any other party.
Intellectual Property Right
ProcEzy is the sole owner and the lawful licensee of all the rights to the Website and its content ("Website Content"). Website Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Website. The Website Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights of the Website and the Website Content shall remain with ProcEzy, its affiliates or licensor’s of the Website content, as the case may be.
The User permits, by use of the platform or website, ProcEzy perpetual rights to collect, use, represent and analyse any data that user submits, shares or otherwise makes available on the platform, website or any other mode of communication with ProcEzy. The User(s) also explicitly permits ProcEzy to make use of any such data, royalty free and with no geographical restrictions, as deemed fit by ProcEzy.
All or any rights to advertise, display, make or show banners, host, all or any of the goods or services posted, sold, displayed, hosted, published on the website, reserves solely with ProcEzy and no consideration, royalty, fees or any consideration of any manner shall be paid by ProcEzy.
Subject to your compliance with these Terms and Conditions and payment of applicable fees, if any, ProcEzy Technologies Private Limited grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ProcEzy Technologies Private Limited and / or its affiliates, as may be applicable.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of ProcEzy Technologies Private Limited and / or its affiliates, as may be applicable.
You agree, understand and acknowledge that the website is an online platform that enables you to purchase, sell, trade and market any products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that ProcEzy is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on procezy.com.
Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website or any offer displayed on or in connection with any service offered on the Website ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. ProcEzy does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information. The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
User's Account
To become a registered User(s) of the Website a proper procedure has been made available on the Website which is for the convenience of User(s) so that they can easily use the website. User(s) availing the use of this website must use it only for business purposes or business to business transaction.
Business-to-business (B2B), also called B-to-B, is a form of transaction between businesses, such as one involving a manufacturer and wholesaler, or a wholesaler and a retailer. Business-to-business refers to business that is conducted between companies, rather than between a company and individual consumer.
No User(s) shall be permitted to use the site for personal or private use.
User(s) can become registered User(s) by filling an on-line registration form on the Website by providing the required information (including name, contact information, details of User(s) business, etc.). ProcEzy will establish an Account for the User(s) upon successful registration.
User(s) registering on the Website on behalf of business entities represent and warrant that: (a) they have the requisite authority to bind such business entity to this Agreement; (b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and (c) all other information provided to ProcEzy during the registration process is true, accurate, current and complete.
While registering the User account 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, Aadhar, address, phone number and/ or any other information that may be required by ProcEzy to provide in relation to your business. User(s) account will only be registered when all the details required by ProcEzy is furnished and due scrutiny, inspection is done. In the event that User(s) do not provide any or sufficient User Data marked as mandatory, ProcEzy may not be able to complete the registration process or provide such User(s) with ProcEzy’s products or services. You agree and acknowledge that we may directly or through a third-party service provider 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, ProcEzy reserves its right to take appropriate steps. 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. We reserve the right to seek additional information from you about you and your business, from time
When you access the Platform you are electronically communicating with ProcEzy. ProcEzy 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 ProcEzy 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 ProcEzy.
ProcEzy may refuse registration and deny the subscription or registration and associated User ID and Password to any User(s), irrespective of any reason without any prior notice to the User. ProcEzy may at any time decide to restrict, deny or limit access to any User(s) on the platform, website or any of its products or offshoot platforms. ProcEzy may suspend or terminate a registered User(s) or subscriptions at any time without any prior notification in interest of ProcEzy or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on ProcEzy of whatsoever nature due to the suspension or termination of the User(s) account.
User(s) registered on the Website are in no manner a part of or affiliated to ProcEzy.
User's Conduct
Most content and some of the features on the Website are made available to User(s) free of charge. However, ProcEzy reserves the right to terminate access to certain areas or features of the Website to paying, if any or registered User(s) at any time without assigning any reason and with or without notice to such User(s). ProcEzy also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of ProcEzy and/or other User(s) of the Website. ProcEzy further reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any or all of the features of the Website or introduce new features without any prior notice to User(s).
ProcEzy reserves the right to suspend and/or terminate the account of any User(s), removing any product listings or other User(s) Content that the User(s) has submitted, posted or displayed, temporarily or permanently for any of the following reasons:
1. If such User(s), , are engaged for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
2. If such User(s) breaches any provisions of the Agreement.
3. If such User(s) shall host, display, upload, modify, publish, transmit, store, update or share any information, products or services which
i. Belongs to another person and to which User(s) does not have any right to,
ii. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual,
iii. Harasses or advocates harassment of another person,
iv. Is deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, hurts any religious sentiments or belief, defamatory, hate speech, libelous, obscene, pornographic, pedophilic, or menacing, ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary or intellectual information or right, or is otherwise injurious to third parties, or relates to or promotes money laundering or gambling, or is harmful to minors in any way, or impersonates another person,
v. Threatens the unity, integrity, defense, security or sovereignty of India or 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 other nation, or objectionable or otherwise unlawful in any manner whatsoever, or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam or is patently false and untrue.
vi. Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products.
4. If such User(s) is involved in unauthorized access, use, modification, or control of the Website database, network or related services.
5. User(s) shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time.
6. User(s) shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
7. User(s) shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content on the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
8. User(s) may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ProcEzy and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising ProcEzy or its affiliates' names or trademarks without the express written consent of ProcEzy and/or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by ProcEzy Technologies Private Limited and / or its affiliates, as applicable.
9. User(s) shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time.
If ProcEzy terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of ProcEzy, if any, such person will not have the right to re-enrol or join the Website under a new account or name unless invited to do so in writing by ProcEzy. In any case of termination, no subscription / membership fee / charges paid, if any, by the User(s) will be refunded. User(s) acknowledge that inability to use the Website wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall ProcEzy be liable to any User(s) or any third parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website or any of its features.
Interaction between User(s)
ProcEzy provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. ProcEzy does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. ProcEzy does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses on the Website. Website uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). ProcEzy however, cannot and does not confirm each User(s) purported identity on the Website. ProcEzy encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
User(s) acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User(s) acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
User(s) 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.
Limitation of Liability and Indemnity
The features and services on the Website are provided on an " as is " and " as available " basis, and ProcEzy 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.
ProcEzy makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Website including display or listing of tenders on the Website which in no manner is endorsed by ProcEzy. ProcEzy has no association of whatsoever nature with the publisher and/or the published contents.
User(s) hereby further agree to indemnify and save ProcEzy, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. User(s) hereby further agree that ProcEzy is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). ProcEzy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with ProcEzy in asserting any available defenses.
Under no circumstances will ProcEzy be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any damage to reputation, any lost profits or any losses that may result from your purchase of any products on platform or any services availed, even if ProcEzy has been advised of the possibility of such damages.
ProcEzy does not advocate or assure quality or satisfaction to any User(s). The User(s) are requested to transact through their best judgement and no liability lies on ProcEzy, including its affiliates or representatives, to assure satisfaction or quality of products / services on its platform.
Any advertisements, product features, warranties, guarantees, performance claims and any such promises made on the platform by any seller, user or service provider are not vetted or verified or endorsed or qualified by ProcEzy and ProcEzy will not entertain or be made liable or indemnify any form of damages, losses, penalties or any form of compensation to any party involved.
Under no circumstances shall ProcEzy be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save ProcEzy, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Website (including but not limited to the display of User(s) information on the Website) or from User(s) breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save ProcEzy, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s) breach of any representations and warranties made by the User(s) to ProcEzy.
Selective Access
ProcEzy reserves the right to choose and offer selective privileges, benefits or access to certain features, pricing, web pages, marketing campaigns, and exemptions from any part of this Terms and Conditions or confer any benefits of any form to any User(s) as it deems fit. ProcEzy reserves the right to provide early access to User(s) as it deems fit. ProcEzy can revoke, cancel or withdraw any such privilege, benefits or access at any time without prior intimation.
Update / Roll-Back
ProcEzy reserves the right to update and roll-back any feature, service, offers, benefits, access, tools on the platform or website; and Term and Conditions, Privacy Policy, Returns Policy and any such policies on their platform without any prior intimation to any Party.
No Prejudice
No such Selective Access, Updates or Roll-backs can be considered to be prejudicial against any User(s) and shall not attract any form of payments, reimbursements, indemnification of any form of losses, damages, penalties, reimbursements or any form of consideration or compensation of any manner whatsoever.
Anti Counterfeiting Policy
ProcEzy strives to ensure a trustworthy shopping experience for our customers. The sale of counterfeit or inauthentic products (including products that have been illegally replicated, reproduced, or manufactured), is strictly prohibited. By accessing, browsing, or otherwise using the Platform or using the Services, including listing of products, any person either by themselves or through their representatives intending to offer products for sale through the Platform agrees to accept and be bound by and fully comply with this Anti-Counterfeiting Policy.
ProcEzy reserves its right to remove, suspend or restrict listings that may contain counterfeit products and/or that may violate the Terms of Use and Product Listing Policy of the Platform. Sellers on ProcEzy are not allowed to list products that infringe trademarks (including logos), copyrights, or patents, or describe their products in a way that would cause customer confusion or otherwise infringe the rights of any another organization, person, whether individual or legal.
Sellers may be asked to provide documentation such as invoices or any other relevant document depending upon the circumstances to prove authenticity of the products in their listings along with a notarized declaration affirming that the products under their listings are genuine and authentic. Failure to provide the aforesaid documentation, appropriate action will be taken by ProcEzy.
In the event the listing, marketing or sale by the seller are found to be of counterfeit products, we may take necessary actions such as but not limited to suspending or terminating the account of the seller, removing of any or all product listing of the seller, withholding or forfeiting payments of the seller or any other action that may be deemed necessary. The seller listing such counterfeiting products may also be independently subject to civil or criminal proceeding initiated by third party rights holders. ProcEzy however holds no liability or assumes no assurances to make good, be liable to or indemnify any loss, damage, penalty that occurs to anyone due to any such infringement mentioned above. Necessary actions does not imply that ProcEzy will block or delist any such Sellers or User(s) from the platform or website, the degree of action to be taken is at the sole discretion of ProcEzy.
Miscellaneous Provisions
• Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• ProcEzy’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the Agreement and/or Privacy Policy will not be deemed to be a ProcEzy’s waiver of that right or ProcEzy's waiver of the right to act with respect with subsequent or similar breaches.
• ProcEzy and User(s) are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and ProcEzy is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.
• If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
Applicable Law and Jurisdiction
Each party to the agreement irrevocably agrees that are compliant to all applicable law(s). The parties irrevocably agrees that the court of Bangalore shall have exclusive jurisdiction to hear, settle, determine, any breach, disputes, claims arising out of the agreement.
Grievance Mechanism
The User(s) may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer We will endeavor to resolve your grievances and concerns within timelines as mentioned under applicable laws. ProcEzy reserves the right to act upon grievance/complaints received and may take disciplinary action as it deems fit including but not limited to,
a. Blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service,
b. Suspending or terminating the User(s) account and any and all accounts determined to be related to such account by ProcEzy in its discretion,
c. Removing any product listings or other User(s) Content that the User(s) has submitted, posted or displayed,x
d. Withhold settlement of payments by ProcEzy to the User(s),
e. Any other corrective actions, discipline or penalties as ProcEzy may deem necessary or appropriate in its sole discretion.
Grievance Officer
Name - Srinivas J Varma
Address - P.O Box number 812, Indiranagar 1st Stage, H Colony, Indiranagar 100ft Road, Bengaluru, Karnataka 560038
Phone - +91 8904902600
E-mail - sjvarma@procezy.com