Terms Of Use

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.Wisycart.com]www.Yosto.in, including the related mobile site and mobile application (hereinafter referred to as “Platform”).

The Platform is owned by Yosto Venture India Private Limited a company incorporated under the Companies Act, 2013 (hereinafter referred to as “Wisycart” or “yosto”).

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 transactions. By mere use of the Platform, You shall be contracting with Yosto/ Wisycart and these terms and conditions including the policies constitute Your binding obligations, with Yosto.

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 or by placing an order or purchasing Good or supplies through Portal. Yosto allows the User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, and “Our” shall mean Yosto Venture India 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, and 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.

Membership Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 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 transactions on the Platform may be made by your legal guardian or parents. We reserve the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to our 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 are 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 we 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 such other mode of communication, electronic or otherwise.

The Platform for Transaction and Communication

Welcome to Wisycart.com operated by Yosto. These Terms and conditions outline the terms of use for our platform, which operates on an inventory model. Please carefully read these Terms before using the Portal.

Henceforward:

Platform for Transaction and Communication: Wisycart.com serves as a platform through which users engage in transactions. Yosto directly sells products to customers. As such, Yosto is solely responsible for the transactions taking place on the Portal.
Commercial and Contractual Terms: All commercial and contractual terms, including but not limited to price, payment methods, delivery, warranties, and after-sales services, are determined between Yosto (Seller) and the customer (Buyer). Any discounts, offers, or exchange opportunities are provided by Yosto as the Seller.
Order Placement and Acceptance: When a Buyer places an order on the Portal, it constitutes an offer to purchase the selected product(s) from Yosto. Yosto retains the right to accept or cancel such orders at its discretion. If an order is canceled by Yosto, any transaction price paid by the Buyer will be refunded.
Quantity Limitations: Yosto may cancel orders that exceed typical individual consumption limits. These limits, determined by various factors and Yosto’s sole discretion, vary from product to product and individual to individual.
Product Representation: Yosto does not provide explicit or implicit endorsements for the sale or purchase of products on the Portal. Yosto is merely a Reseller. All Warranty and guaranty associated with product including product quality is responsibility of manufacturer. Yosto does not guarantee specifics like quality, value, or salability of products. Any errors or omissions in product details are not the responsibility of Yosto.
Yosto’s Obligations and Liabilities: Yosto is not responsible for unsatisfactory or delayed services due to product availability issues and any other delivery related issues.
Product Availability: Yosto is not responsible for unsatisfactory or delayed services due to products that are out of stock, unavailable, or on back-order
Jurisdiction and Governing Law: These Terms are governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Mumbai. Incase of any dispute arise

Yosto 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 Invoice 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 availment of the 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 the GST authority. Please note that availing of the 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.
- Yosto 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 the accurate details.
- Yosto and Seller shall not entertain any request for any revision in the GST Invoice. Yosto and Seller shall not be liable for Your default including for reasons associated with details provided by You.
- Yosto will not be liable in case You are not able to avail input tax credit or if the 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 Yosto 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.
- Yosto 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 a 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 such your order(s).

You release and indemnify Yosto and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have on this behalf under any applicable law.
Notwithstanding its reasonable efforts on that behalf, Yosto cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other Users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Please note that there could be risks in dealing with underage persons or people acting under false pretense.

Charges

Membership on the Platform is free for buyers. Yosto does not charge any fee for browsing and buying on the Platform. Yosto reserves the right to change its Fee Policy from time to time. In particular, Yosto may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Yosto reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to Yosto.

Use of the Platform

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, 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;is misleading in any way; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters”, unsolicited mass mailing, or “spamming”; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult).tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, Yosto’s prior written consent means a communication coming from Yosto’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services; refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use. harm minors in any way; 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; violates any law for the time being in force; deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains 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 the value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense, or is insulting any other nation.
- shall not be false, inaccurate, or misleading;
- shall not, 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 applicable law, rule, regulation, or guideline for the time being in force.
- shall not create liability for Us or cause Us to lose (in whole or part) the services of Our internet service provider (“ISPs”) or other suppliers;
Unauthorized Access and Use: You agree not to engage in any unauthorized access or use of the Portal. This includes, but is not limited to, employing “deep-linking,” “page-scraping,” “robots,” “spiders,” or any automated methods to access, copy, or monitor any part of the Portal or its Content. You shall not circumvent the navigational structure of the Portal or attempt to obtain materials, documents, or information not intentionally provided through the Portal. Any such activities are strictly prohibited, and we reserve the right to bar such actions.
Unauthorized System Access: You shall not attempt to gain unauthorized access to any part of the Portal, any connected systems, or networks. This includes using methods such as hacking or “password mining.” Any illegitimate means to access our systems or networks are strictly prohibited.
Security Measures: You shall not probe, scan, or test the security or authentication measures of the Portal or connected networks. Unauthorized breaches of security are not allowed. Reverse look-up or tracing of information about other Users or visitors is prohibited. Exploiting the Platform to reveal information beyond your own is not permitted.
Negative or Defamatory Statements: You agree not to make any negative, denigrating, or defamatory statements or comments about Yosto, the brand, or domain names related to us, including “Yosto,” “Wisycart,” “WisyKart,” “Wisycart.com,” or others. Any actions that tarnish our image, reputation, or trademarks are strictly prohibited.
Infrastructure Overload: Using any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure, Yosto’s systems, or connected networks is not allowed.
Interference: You shall not use any device, software, or routine to interfere with the proper functioning of the Platform, transactions, or other users’ experiences. Manipulating identifiers or impersonating others is prohibited.
Lawful Use: You may not use the Platform or its content for unlawful purposes or prohibited activities. Soliciting or engaging in illegal activities is strictly prohibited.
Compliance with Laws: You agree to comply with applicable provisions of the Information Technology Act, 2000, and other relevant laws, regulations, and statutes. Transactions and actions on the Platform must adhere to domestic and international laws and regulations
Grant of Rights: To ensure our compliance with your rights, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use the information you provide. This ensures we do not violate your rights while using your information
Accurate Product Information: You are responsible for providing accurate information about the products or services you intend to sell. Exaggeration or misleading information is not permitted.
No Advertising to Users: Engaging in advertising, solicitation, or unsolicited emails to other users for products or services is prohibited. You may not misuse information obtained from the Platform to harass, abuse, or harm others.

We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Yosto shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS PROVIDED BY YOU FOR POSTING ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Yosto’s views. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
Yosto shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
If you choose to browse or transact on the Platform using the voice-command-based shopping feature, you acknowledge that Yosto and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve Yosto’s and/or its affiliates’ products and services. Yosto’s and/or its affiliates’ use of your voice data will be in accordance with Yosto’s Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. Yosto reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.
You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada and Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese translation features are made available on the Platform on a reasonable-effort basis for convenience only, without any representation or warranties by Yosto, express or implied, including the translations being error-free, their accuracy, completeness or reliability. Under the translation feature, You will have the option to add delivery addresses in the language selected by You out of the featured languages. Such delivery addresses shall be transliterated into the English language for processing, handling, and fulfilling Your orders on the Platform. Yosto expressly disclaims any liability of any nature whatsoever arising from or related to the said translation/transliteration features on the Platform. Some features and sections on the Platform may not be translated into the language selected by You [Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese language, as applicable], and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version on the Platform shall prevail. This feature may not be accessible on certain devices. Yosto reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”), is a third-party user-generated content or based on the contents/information provided by the manufacturer/wholesaler/ Retailer of the Product and Yosto has relied upon such third party provided content as Yosto is merely a trader/ Facilitator for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Platform or another medium for publication or distribution or any commercial enterprise, without Yosto’s express prior written consent.

You may use the information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, or for any commercial or legal use (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Privacy

We view the protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information are one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available in the Privacy Policy tab on Portal. If You object to Your Information being transferred or used in this way please do not use Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, comply with our legal obligations, enforce our User Agreement, facilitate our marketing and advertising activities, or prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamate, or restructure the business. Should such a transaction occur that another business entity (or the new combined entity) will be required to follow this privacy policy concerning your personal information?

Disclaimer of Warranties and Liability

On this Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Yosto does not warrant that:

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate and non-misleading.

Yosto will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Yosto does not warrant that this site; information, Content, materials, product (including software), or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Platform constitutes or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications, and/or any other electronic mode of communication in case of any order or shipment, or delivery-related updates.

Selling

As a seller to Yosto, all sales made to Yosto whether Online or Offline or through any other channel shall be subject to the Terms and the Policies which are incorporated by way of reference in this Terms of Use. As a seller to Yosto, you are allowed to sell the item(s) to Yosto only for which you have legal and appropriate authorization. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the items do not infringe upon the intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy rights of third parties.

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
Any payment issues arising out of the transaction, or
The decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The platform will not facilitate transactions concerning any other form of currency concerning the purchases made on the Platform.

Before shipping / delivering your order to you, the Seller may request you to provide supporting documents
(including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:
You understand, accept, and agree that the payment facility provided by Yosto is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection, and remittance facility for the Transactions on the Yosto Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing a Payment Facility, Yosto is neither acting as trustees nor acting in a fiduciary capacity concerning the Transaction or the Transaction Price.

Payment Facility for Buyers:

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch / Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Yosto Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non-notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In the case of Cash On Delivery transactions, the Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time then this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
Refunds shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refunds shall be made through a payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported by select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to Yosto in case of any misuse by Buyer.
We may also request you additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
Yosto reserves the right to impose limits on the number of Transactions or Transaction Price which Yosto may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through the payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Yosto reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyers with Yosto or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Yosto may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Yosto. As a result of such check, if Yosto is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Yosto shall have the right to reject the receipt of / Buyer’s commitment to pay Transaction Price. For the avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Yosto.
Yosto may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Yosto deems suspicious or for Buyers conducting high transaction volumes to ensure the safety of the Transaction and Transaction Price. In addition, Yosto may hold Transaction Price and Yosto may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that Yosto will not be liable for any damages, interests or claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of us.

Compliance with Laws:

As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2,00,000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be canceled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand canceled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export-Import Policy of the government of India) applicable to them respectively for using Payment Facility and Platform.

Buyer’s arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports a Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

General

If Yosto has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Yosto may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program.

Customers who have been blocked for any suspicious or fraudulent activity on Yosto will not be allowed to return their products.
Yosto reserves its right to initiate civil and/or criminal proceedings against a user who files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Yosto may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.

Yosto’s Replacement Guarantee

The return policy period (Yosto’s Replacement Guarantee) depends on the product category and the seller. Kindly refer to the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions

Notify the seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return for the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same product or alike product.
Following products shall not be eligible for return or replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of product;
c. Any consumable item which has been used/installed;
d. Products with tampered or missing serial/UPC numbers;
e. Digital products/services
f. Any damage/defect which is not covered under the manufacturer’s warranty
g. Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
h. Customisation Product, which is ‘made to order’ on customer’s request Returns are not applicable for ‘Made to order’.

Change in Price:

We would like to inform you about the terms and conditions regarding the Maximum Retail Price (MRP) of products listed on our website. At times, the MRP of products may vary, which can lead to changes in product prices. Yosto strives to provide accurate product and pricing information, however errors may occur.

We request you to kindly review the following terms and conditions before making a purchase

Dynamic Pricing: The MRP of products listed on our website is subject to change. We strive to provide accurate and up-to-date information, but please be aware that the MRP mentioned on the website may be adjusted without prior notice & may vary from what actually mentioned on product.
Complaints and Concerns: If you receive a product with an MRP different from what was displayed on our website at the time of your order placement, please contact our customer support within 7 days of receiving the order. We will investigate the matter and resolve it to the best of our abilities.
Company’s Non-Claim Policy: In the event of disputes arising from MRP changes, the company will not accept any claims or assertions.
Refunds and Returns: If you choose to cancel or return order due to a change in MRP and have already made the payment, a refund will be processed according to our refund policy. If you have received the order and wish to return it due to a discrepancy in the MRP, our standard return policy will apply.

The Users are advised to make independent verification of MRP from external sources. We do not owe any responsibility towards accuracy of MRP.

Limitation of liability:

Limitation of Liability:

This limitation of liability Clause outlines the extent of liability assumed by Wisycart.com in case of errors or omissions in the product descriptions or information listed on the portal. By using the services provided by Wisycart, users agree to the terms and conditions set forth in this Clause.

Scope of Liability: Wisycart shall not be held responsible for any errors, inaccuracies, or omissions in the product descriptions or information displayed on its Portal, wisycart.com. This Clause pertains to all forms of content, including but not limited to product details, specifications, images, prices, availability, and any related information.
Maximum Liability: In the event that a user suffers any loss, damage, inconvenience, or dissatisfaction due to errors or omissions in the product descriptions or information provided on the Portal, Wisycart’s liability shall be limited to the extent of the amount charged to the customer for the specific product in question. The total liability of Wisycart under this Clause shall not exceed the purchase price paid by the customer for the affected product.
User Responsibility: Users are encouraged to review product descriptions and information thoroughly before making any purchase decisions. Wisycart shall not be liable for losses incurred by users who fail to verify the accuracy of product details or who rely solely on the information provided on the Portal.
No Consequential or Indirect Damages: Wisycart shall not be liable for any consequential, incidental, indirect, special, or punitive damages arising from errors or omissions in product descriptions or information, including but not limited to loss of profits, business interruption, or loss of data.
Modification of Information: Wisycart reserves the right to modify, update, or correct product descriptions and information on the Portal at any time without prior notice. However, Wisycart shall not be obligated to notify users of such changes.
No Warranty: This Clause does not imply any warranty, express or implied, regarding the accuracy, completeness, reliability, or fitness for a particular purpose of the product descriptions or information displayed on the Portal.
Governing Law: This Clause shall be governed by and construed in accordance with the laws of Mumbai, without regard to its conflict of law principles

By continuing to use the services provided by Wisycart, users acknowledge and accept the terms and limitations outlined in this Clause. Users are advised to read and understand this Clause before making any purchase through the Portal.

Modification of Terms:

These terms and conditions are subject to change without prior notice. It is advisable to review this page periodically for any updates.

Shipping Terms:

Service Description:
Wisycart.com offers a 48-hour delivery service for eligible products. This service is designed to expedite the shipping and delivery process, aiming to deliver the product within 48 hours from the time of purchase.
Best Efforts and Non-Guarantee:
While Wisycart.com strives to deliver products within 48 hours, we do not guarantee this timeframe. Factors such as product availability, shipping restrictions, unforeseen logistical challenges, and external circumstances may impact the delivery schedule.
Notification and Updates:
Upon placing an order eligible for the 48-hour delivery service, you may receive notifications regarding the status of your order and expected delivery timeframe. Please note that these notifications are estimates and subject to change.
No Liability or Claim:
Wisycart.com shall not be held liable for any delays or discrepancies in the 48-hour delivery service. You acknowledge and agree that you shall not make any claims or demands against Wisycart.com for compensation, refunds, or any other remedies in the event that the product is not delivered within the specified 48-hour timeframe.
Force Majeure:
Wisycart.com shall not be held liable for delays in delivery caused by events beyond our control, including but not limited to natural disasters, strikes, riots, or governmental actions.
Cancellations and Refunds:
In the event that a product eligible for the 48-hour delivery service cannot be delivered within the specified timeframe, customers may have the option to cancel the order and receive a refund. Our Cancellations and Refunds Policy outlines the procedures for cancellations and refunds.
Limitations:
The 48-hour delivery service is subject to product availability, shipping capabilities, and other factors. This service may not be available during peak seasons, promotional events, or for certain types of products.
Modification of Terms:
Wisycart.com reserves the right to modify, suspend, or terminate the 48-hour delivery service at any time without prior notice.

Communication and Unsubscription:

1. Communication from Wisycart

Upon successful registration on Wisycart.com and sharing your Account Information, you may receive SMS or email notifications from Wisycart relating to your registration and transactions on the Portal.

2. Marketing and Promotional Communications

By registering on Wisycart.com and/or verifying your contact information with us, you explicitly agree to receive marketing and promotional communications (via call, SMS, email, or other digital and electronic means) from us and/or our authorized representatives. These communications may include information about new services, offerings, and marketing/promotional activities available on Wisycart. Please note that you consent to receiving these communications even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

3. Notifications and Reminders

Wisycart endeavors to provide timely notifications and reminders concerning the services available on Wisycart.com. However, we do not guarantee the delivery of these notifications and reminders. Wisycart shall not be held liable or responsible for any failure in sending such notifications or reminders to you.

4. Unsubscribing from Communications

If you wish to opt-out from receiving marketing and promotional communications, newsletters, and other notifications from Wisycart, you can do so at any time. Simply follow the instructions provided in the communications you receive to unsubscribe.

Access Outside the Jurisdiction:

1. Access Outside the Designated Jurisdiction

Wisycart.com is intended for use within the designated jurisdiction (Republic of India). We do not make any representation that the content and services offered on Wisycart.com are appropriate for use or access outside this jurisdiction. Users who choose to use or access Wisycart.com from outside the designated jurisdiction do so entirely at their own risk. Such users are responsible for complying with the laws and regulations of the jurisdiction from which they access the Portal.

2. Compliance with Local Laws

Any users accessing Wisycart.com from a jurisdiction outside the designated jurisdiction are solely responsible for ensuring their compliance with the applicable laws and regulations of that jurisdiction. We shall not be held liable for any legal consequences or liabilities that may arise from the use or access of the Portal by users outside the designated jurisdiction.

3. Limitation of Use and Promotion

These Terms of Use do not constitute authorization or permission to engage in promotional activities or solicitation related to Wisycart.com in any jurisdiction where such activities are not authorized by law. Users are advised not to engage in any promotional activities or solicitation in connection with Wisycart.com in jurisdictions where such activities are unlawful or unauthorized.

4. Jurisdictional Compliance

It is the responsibility of users accessing Wisycart.com from outside the designated jurisdiction to ensure that their use of the Portal is in accordance with the applicable laws. Wisycart shall not be responsible for any legal repercussions that may arise due to non-compliance with local laws.

Misuse Policy – Red Flagging and Prepaid Orders

1. Introduction

Welcome to wisycart.com. We are committed to providing a seamless and fair shopping experience for all our customers. To ensure the integrity of our services and prevent misuse, we have established this Misuse Policy.

2. Red Flagging Accounts

We reserve the right to internally flag customer accounts (“Red Flagging”) when we observe repeated misuse patterns, including but not limited to customers consistently placing orders with the “Cash on Delivery” (COD) option and subsequently refusing delivery without a valid reason.

Red Flagging may result in the following actions:
- Red Flagged customers will only be allowed to place prepaid orders.
- Any existing or future COD orders placed by Red Flagged customers will be canceled.

3. Prepaid Orders

Red Flagged customers must place prepaid orders for all future transactions on the Platform.
We reserve the right to implement additional security measures, such as requiring payment confirmation or verification, for prepaid orders to prevent fraudulent activities.

4. Return/Cancellation Fees

In the event that Red Flagged customers refuse to accept prepaid orders, we reserve the right to impose return/cancellation fees on their account.
The return/cancellation fee will be deducted from any refund, if applicable, for the refused order.

5. Dispute Resolution

If a Red Flagged customer believes their account has been wrongly flagged, they may contact our customer support team to discuss their concerns.
We will review the situation and may, at our discretion, remove the Red Flag status if we find it to be unjustified.

6. Reporting Misuse

We encourage all users to report any suspected misuse or fraudulent activities on the Platform. Reports can be made through our customer support channels.

7. Changes to the Policy

We reserve the right to modify or update this Misuse Policy at any time without prior notice. Changes will be effective upon posting on the Platform.

By using wisycart.com, you agree to adhere to this Misuse Policy and all other terms and conditions outlined in our Terms of Use and Privacy Policy. Failure to comply with this policy may result in actions including Red Flagging and the imposition of return/cancellation fees.

We value the trust you place in us as a customer and are committed to maintaining a secure and fair shopping environment on our platform. If you have any questions or concerns regarding this policy, please contact our customer support team.