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LuxarMart Terms and Conditions of Use

Introduction.

Last Updated on: 15th February, 2022
These are the terms and conditions of use for https://LuxarMart.com/ ("Site"). The Site is operated by Shezartech pvt ltd (Shreya House, 301/A Pereira Hill Road, Andheri East, Mumbai, Maharashtra 400099) and is a live marketplace that allows users to research, buy and sell certain consumer goods. These Terms and Conditions of Use, and all other requirements posted on our websites, all of which are incorporated into these Terms and Conditions of Use by reference and as amended from time to time (collectively, “Terms”) describe the terms and conditions on which we provide our websites (the “Sites”), services, data, software, applications (including mobile applications) and tools (collectively “Services”) to you, whether as a guest or a registered user.
In these Terms, “you” and “your” refer to (a) you, the individual accessing and/or using the Services, (b) any electronic agent accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Sites and/or using the Services.
Your use of the Sites and Services will be subject to these Terms and by using them you agree to be bound by them. These Terms create a legal contract between you and us. Please read them carefully. We will collect and process personal data in accordance with our Privacy Policy https://LuxarMart.com/privacy.
By using our Sites and Services, or by clicking to accept these Terms, you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use our Sites or any portion of the Services. For all purposes, the English version of the Terms shall be the original, binding instrument and understanding of the parties.

01. Changes to Terms and Policies.

LuxarMart may in our discretion change these Terms (including the FAQs or any policy) at any time, but if we do, we will place a notice on our Site. We may also send you an email and/or notify you by some other means. Changes take effect on the date set out in the Terms. You should view these Terms often to stay informed of any changes that may affect you. YOUR CONTINUED USE OF THE SITE AND/OR SERVICES AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST CANCEL YOUR ACCOUNT AND NOT USE ANY PORTION OF THE SERVICES.
The version of these Terms posted on our Sites on each respective date you visit the Sites will be the Terms applicable to your access and use of the Services on that date. Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms and the Privacy Policy that were in force on each respective date you visited the Sites. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue access to or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, if you are in breach of the Terms or for any reason or for no reason whatsoever, at any time, without notice or liability.

02. About LuxarMart Live Marketplace.

The Site and Services are intended for use only by persons who are at least 18 years of age. By using the Site and Services you confirm that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Site and Services.
LuxarMart allows third party sellers to list and sell their products in a live marketplace on the Site and Services. Sellers' products will be made available for sale on all of our Sites and mobile applications. Buyers and sellers must create an account to purchase or sell items on the LuxarMart platform. Buyers and sellers can delete or deactivate their account by following the options available on our site.
Matching: Buyer may place bids, and seller may place asks on the platform for specific items. If a seller uses the LuxarMart platform to place an item for a fixed or minimum price, the seller makes a binding offer to conclude a contract for this item at this fixed or minimum price. If a buyer uses the LuxarMart platform to place a bid offering a fixed or maximum price for a specific item, the buyer makes a binding offer to conclude a contract for this item at this fixed or maximum price.
● Buy now: The seller may also activate the “buy now” function. If the buyer uses the “buy now” feature, which will attempt to automatically match a buyer with a seller at the lowest overall ask price, the contract will be concluded at the moment where the buyer clicks on the “Buy now” button and the transaction is successfully completed.
A further description of the live marketplace process and the rules applicable to buyers and sellers is available on our FAQ page, as updated from time to time. While LuxarMart as the platform provider helps facilitate transactions that are carried out on the LuxarMart platform, LuxarMart is neither the buyer nor the seller of the seller's products. LuxarMart provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. Although LuxarMart might provide historical pricing data to the buyer and seller, we do not set prices for the items and LuxarMart is not an auctioneer.
In an online purchase, buyers are sceptical about paying in advance, while Sellers cannot dispatch goods without receiving advance payments.
With LuxarMart, you can buy and sell your products or services safely without worrying about being scammed. Now you can enjoy peace of mind when you buy or sell online.
LuxarMart acts as a commercial agent to conclude the sale on behalf of each buyer and seller involved in each transaction. LuxarMart reserves the right to investigate complaints and violations of these Terms and, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending a buyer or seller account and charging your payment method for costs we incur as a result of the violation. Although the Services are anonymous and we generally do not share your information with other buyers and sellers, we may share your information with law enforcement and professional advisers under an obligation of confidentiality as part of an investigation related to any alleged violation of law or these Terms in accordance with our Privacy Policy, and we may respond to all inquiries initiated by law enforcement or other governmental agencies.

03. Accounts, Passwords, and Security.

To view or browse the live marketplace, you must create an account using an email address and password or other account creation tools offered on the Services, such as a social media account. To offer items for sale (“Ask”) or offer to purchase items (“Bid”), you must create an account and have a valid credit card with our third-party payment processors. You agree that we may charge your credit card or other payment method for amounts you owe as described in these terms, as well as any costs or losses arising from your violation of the Terms. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify LuxarMart immediately upon learning of any unauthorized use of your account or password, or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by LuxarMart or any other person or entity due to another person using your account or password. You may not use any other user’s account or password at any time without the express permission and consent of the holder of that account or password. You may not transfer or assign your account.

04. Fees, Promotional/Discount Codes and Taxes.

Fees for the Services, including applicable shipping fees, are described in our rules, as updated from time to time. LuxarMart may sometimes furnish an alphanumeric code that can be used for promotions or discounts for purchases on our sites. These promotional or discount codes may be sent via email to our registered users, presented on our Sites or circulated at events and through other means and are subject to applicable promotional or discount terms. As a seller you are responsible and agree to collect, pay, report and remit any and all local, state, provincial,, or international taxes (including GST, VAT and sales tax) that may be due with respect to your sales transaction, and as a buyer you agree to pay any and all local, state, or international taxes (including sales taxes) that may be due with respect to your purchase transaction. You agree that LuxarMart is not responsible for reporting, collection or payment of any taxes on your behalf except for jurisdictions where LuxarMart is required as a marketplace facilitator. In accordance with the Privacy Policy and only to the extent necessary to complete a transaction, you agree to provide LuxarMart with all relevant tax information which LuxarMart may provide to any tax authority in connection with payments you receive from us and where applicable further authorize LuxarMart to release that information to such tax authority or other competent governmental body. Your account may be suspended for failure to provide LuxarMart with all relevant tax information to support filings to the appropriate tax authority.

05. Authentication; Shipping and Handling.

As part of the purchase transaction, the seller will ship the item to LuxarMart and LuxarMart will visually inspect the item and use commercially reasonable efforts to confirm it is authentic and meets our condition standards. If LuxarMart determines the item is authentic and meets our condition standards, LuxarMart will ship the item to the buyer. If LuxarMart cannot reasonably confirm the authenticity of the item or determines it is not authentic or does not meet our condition standards, then we will notify the buyer and the seller that the item has not passed authentication and will issue a refund to the buyer. Additionally, LuxarMart has the right to reject any item for any reason, including but not limited to, authenticity, failure to meet our condition standards, or damage to the item. LuxarMart policy requires sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase. However, because LuxarMart cannot control the amount of time it takes for the item to reach LuxarMart, we cannot guarantee a specific delivery time frame for any items and therefore, buyer is not permitted to cancel the purchase if the item does not ship from the seller within the specified timeframe in the sale confirmation email after purchase. Once we receive the item from the seller it generally takes 1-2 business days for us to authenticate the item and ship it to a buyer. If a buyer does not receive an item, the buyer shall promptly report the issue to LuxarMart within 2 days of the latest estimated delivery date. LuxarMart has the right, in our sole and absolute discretion, to refuse to accept returns or other refunds and/or to charge restocking fees for returned or abandoned items. If a buyer or seller refuses to accept delivery of a package sent to his/her address on file, LuxarMart will consider the property abandoned after thirty (30) days and may charge the buyer or seller LuxarMart’s reasonable expenses incurred due to such refusal to accept delivery.

Delivery Terms:

1. LuxarMart provides only delivery and not installation/dismantling of the item.
2. At the time of delivery, we encourage buyers not to accept the delivery if the packaging or seal of the packging has been tampered.
3. Any delivery related issues brought to our notice after signing Proof of Delivery (POD) or beyond 3 working days will not be entertained and LuxarMart or its logistics partner will not be accountable.
4. LuxarMart does not take any responsibility for the quality of the item due to transit damage.
5. Maximum 2 delivery attempts will be made by us to deliver goods to the buyer, post which the goods will be returned to LuxarMart. Rescheduling on request of buyer can be done and buyer will need to pay extra charges of Rs 500 for making 2 more attempts for delivery.
6. If the buyer refuses to accept the item after it is being picked up from the seller, it will be returned back to the seller.
7. Once a return has been initiated, LuxarMart will attempt to schedule the delivery of the product back to the seller within 5-7 days. However, if the seller is unreachable beyond this time, the transaction stands cancelled and the seller will lose claim to the product. If the seller chooses to use LuxarMart storage facility beyond 7 days then a charge of Rs.99/- per day will be applicable.
8. LuxarMart does not take additional responsibility of picking up any product that is not mentioned in the AD.
9. Pick-up and Delivery will be facilitated by our logistics partner.
10. LuxarMart reserves the right to refuse facilitating the transaction.
11. Ad with multiple inventory count would be marked as sold once the available inventory becomes zero.
12. LuxarMart does not encourage tipping to the logistics team.
13. Any additional charges for usage of lift/elevator while transporting the product will have to be undertaken by the buyer/seller.
14. Any charges levied by society for pick up or delivery of goods will have to be borne by the Seller / Buyer.
15. Provision of Doorstep service is dependent on the availability of the lift that can accommodate the goods to be picked up/ dropped or otherwise up to 6th floor of the building (including podium parking).
16. Goods will be delivered up to the ground floor, in case of staircase space being insufficient for movement of goods. Also, in case of passage/road leading to the location being narrow/not accessible for vehicular movement, goods will be picked up from/delivered to the closest point.
17. For a single ad containing multiple items, additional convenience fee will be charged based on the weight type of every additional product.

06. Counterfeits, Fraud, and Market Manipulation.

LuxarMart takes counterfeiting, fraud and market manipulation very seriously. If a seller provides a counterfeit item or attempts to defraud any buyer or LuxarMart, LuxarMart reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of seller’s listings from the Services; (ii) cancel any or all of seller’s orders pending through the Services; (iii) withhold any payments due to seller; (iv) place limits on seller’s buying and selling privileges; (v) charge seller’s payment method for costs, expenses and fees incurred by LuxarMart as a result of seller’s action or inaction, including charging seller for the cost of replacement items, the value of coupons and gift certificates provided to the buyer, reprinting fees incurred by LuxarMart, rerouting charges imposed by carriers, and refunds to the buyer; (vi) ship the item back to the seller at the seller’s cost (including any customs and duties amounts incurred by LuxarMart); (vii) provide the counterfeit items to law enforcement or destroy the counterfeit items, (viii) temporarily or permanently suspend seller’s account, and (ix) charge seller’s payment method a minimum of Rs.500 or an amount up to 15% of the transaction amount, in LuxarMart's sole discretion, as a service fee. Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon LuxarMart’s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud). Seller understands and agrees that if we provide the counterfeit item to law enforcement, seller’s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with us. We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of listings or sales or account suspension. If this occurs in error please contact us at https://LuxarMart.com/contactus.php. We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through LuxarMart.
If a buyer receives an item that it believes to be counterfeit, the buyer must notify LuxarMart in writing within 3 days after receiving the item, and we will commence an investigation into the item. The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, providing the item to law enforcement, destroying the item, or delivering the item back to us, at our direction. If we elect to have the buyer destroy the item, the buyer shall provide reasonable proof of destruction to us. We will refund all fees and costs paid by the buyer for the item (including shipping and handling). In no event may a buyer resell any item (on LuxarMart or elsewhere) that is reasonably believed to be counterfeit.
LuxarMart may monitor the integrity of the LuxarMart marketplace and may take steps to protect the marketplace as determined by LuxarMart in its sole discretion (e.g., if LuxarMart believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts). If LuxarMart believes that a seller or buyer attempts to interfere with the free and fair operation of the LuxarMart marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a product on the LuxarMart marketplace (all of the foregoing in LuxarMart’s sole discretion), then, without limiting any other rights of LuxarMart, LuxarMart reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of the user’s listings from the Services; (ii) cancel any or all of the user’s orders pending through the Services; (iii) withhold any payments due to the user; (iv) place limits on a user’s buying and selling privileges; (v) charge user’s credit card for costs, expenses and fees incurred by LuxarMart as a result of the user’s actions; (vi) notify law enforcement of the fraudulent activity; (vii) temporarily or permanently suspend the user’s account, and (viii) charge the user’s credit card an additional service fee of up to Rs. 20,000 to cover LuxarMart’s investigation fees and other related costs and expenses.

07. Seller Obligations.

By listing an item for sale (each posting, a “New Ask”), you are making a binding offer to sell that specific item to a buyer who purchases the item for the Ask price you have specified and to ship the item in accordance with our rules as updated from time to time. When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. SELLERS MUST SHIP items via the shipping carrier designated by LuxarMart within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. Sellers must ship an item sold on our Sites from the country listed as your address on file (e.g., if your address on file is located in India, you cannot use the shipping label provided to you to ship the item from the USA). LuxarMart will provide you with a shipping ID with such a carrier after your Ask is matched by a buyer. You are obligated to monitor your inventory and ensure all listings are accurate. Once a Bid and Ask are matched, under no circumstances may a seller cancel the listing. Failure to fulfill your orders will result in additional charges to you, including a minimum of Rs.500, or an amount up to 15% of the transaction amount, in LuxarMart’s sole discretion. If a seller fails to deliver items to LuxarMart in accordance with these Terms, LuxarMart reserves the right to do any or all of the following, in its sole discretion: (i) charge seller’s payment method a minimum of Rs.500 or an amount up to 15% of the transaction amount, in LuxarMart's sole discretion, as a service fee; (ii) remove any or all of seller’s listings from the Services; (iii) cancel any or all of seller’s orders pending through the Services; (iv) withhold any payments due to seller; (v) place limits on seller’s buying and selling privileges; (vi) charge seller’s payment method for costs, expenses and fees incurred by LuxarMart as a result of seller’s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by LuxarMart, rerouting charges imposed by carriers, and refunds to the buyer; and (vii) temporarily or permanently suspend seller’s account.
If LuxarMart or a buyer reasonably determines that your item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then, in LuxarMart’s sole discretion, we will charge your payment method a minimum of Rs.500 or an amount up to 15% of the transaction amount, as a service fee, plus additional amounts or, as determined in LuxarMart’s discretion, charging you for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by LuxarMart, rerouting charges imposed by carriers, and refunds to the buyer. LuxarMart has no obligation to return items to a seller that do not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit (in which case, LuxarMart may turn those items over to the proper authorities) at your cost. LuxarMart will pay you within a reasonable amount of time following completion of the sale, which occurs when the buyer receives the item. To get paid more quickly, ship your items immediately after your Ask is matched by a buyer. To see the fees applicable to sales transactions, please refer to the New Ask window where your Ask price is entered. You will also receive fee information via email notification when an Ask goes live, is updated, or a sale occurs.
LuxarMart is acting solely as an intermediary between the sellers and the buyers. We do not assume any liability regarding the proper performance of the purchase agreement you may conclude with a buyer through the platform, except for LuxarMart’s specific Services described in Section 2 of these Terms and Conditions. Professional sellers must comply with all laws and regulations applicable to the sale of their products on LuxarMart’s live marketplace.

08. Buyer Obligations.

A buyer may place a Bid on an item for sale through the Services. When a Bid matches an Ask, the buyer is obligated to pay for that item. WHEN YOU PLACE A BID, YOU ARE COMMITTING TO PURCHASE THE ITEM AS SOON AS YOUR BID MATCHES A SELLER’S ASK PRICE AND YOU ACKNOWLEDGE THAT PAYMENT OF THE ASK PRICE WILL BE TAKEN FROM YOUR PAYMENT METHOD. To be an eligible buyer you must have a billing address and shipping address within one of the countries that LuxarMart supports. You can see a full list of these countries at Available Countries, which may be updated from time to time. If your address is outside the India, then you will be responsible for picking up your package and for paying all customs, duties, taxes and any other related fees in addition to the international shipping charges; you will be solely responsible for compliance with all customs requirements on import; and, when placing your order, you authorize us to appoint an agent to file the customs declarations on your behalf. In general, we charge your payment method immediately upon purchase and, when the transaction is complete, we pay the seller. You will not receive any interest on the purchase amount while the transaction is being fulfilled. You might be required to pay certain fees as described when placing your Bid, as updated from time to time. If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested), LuxarMart reserves the right to do any or all of the following, in its sole discretion: (i) charge buyer’s payment method a minimum of Rs.500 or an amount up to 15% of the transaction amount, in LuxarMart's sole discretion, as a service fee; (ii) remove any or all of buyer’s Bids from the Services; (iii) cancel any or all of buyer’s orders pending through the Services; (iv) withhold refunds or payments due to buyer; (v) place limits on buyer’s buying and selling privileges; (vi) charge buyer’s payment method for costs, expenses and fees incurred by LuxarMart as a result of buyer’s action or inaction; and (vii) temporarily or permanently suspend buyer’s account. ALL SALES ARE FINAL ONCE THE ITEM IS AUTHENTICATED AND DELIVERED, AND NO REFUND REQUESTS WILL BE HONORED REGARDLESS OF THE CURRENT VALUE OF THE ITEM. If you experience a problem with your purchase or an item, please contact us at https://LuxarMart.com/contactus.php. If there is a problem with an item you received, you must contact us in writing within 3 days after receiving the item with a detailed description of the problem.

09. Limitations and Restrictions.

LuxarMart does not provide any guarantee that your items will sell and will not provide any compensation for items that do not sell through our Services. LuxarMart also does not guarantee how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold items resulting from any listing delays. LuxarMart conducts periodic scheduled maintenance as well as unscheduled emergency maintenance from time to time. During maintenance periods the Services (or portions thereof) may be temporarily unavailable. You must not and will not do any of the following:
● use our Services to solicit sales outside of LuxarMart or to contact any user of the Services;
● use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;
● upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
● engage in abusive treatment of other users of the Services or any LuxarMart employee;
● create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any LuxarMart representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
● upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
● delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
● use any of the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
● upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
● violate any applicable local, state, national or international law;
● upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
● delete or revise any material posted by any other person or entity;
● register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
● harvest or otherwise collect information about others, including e-mail addresses;
● use LuxarMart’s trademarks without our written permission;
● except to the extent permitted by applicable law copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission of LuxarMart and the appropriate third party, as applicable
● commercialize all or any part of the LuxarMart Services;
● use any modified versions of Services, for any reason whatsoever, without the express written consent of LuxarMart;
● upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
● use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission;
● take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;
● attempt to gain any unauthorized access to the Sites or the Services, including computer systems, software, or networks;
● probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
● bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; or
● do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace.
LuxarMart reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. LuxarMart may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by applicable law, LuxarMart reserves the right at all times to disclose any information as LuxarMart deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LuxarMart’s sole discretion. You also agree to reimburse LuxarMart for any damage, loss, cost or expense LuxarMart incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose.

10. Intellectual Property.

You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of LuxarMart or its licensors or suppliers, and are protected by international intellectual property laws (including copyright and trademark laws). The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Services is the exclusive property of LuxarMart and protected and international intellectual property (including copyright) law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.
LuxarMart grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these Terms are reserved and retained by LuxarMart.

11. User Content.

If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If LuxarMart does decide, in its sole discretion, to attribute User Content to you, you hereby grant LuxarMart the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to LuxarMart doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content.
You agree that LuxarMart (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if LuxarMart receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to LuxarMart under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of LuxarMart’s marketplace.
You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to LuxarMart, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) LuxarMart isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) LuxarMart shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) LuxarMart may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of LuxarMart without any obligation of LuxarMart to you; and (f) LuxarMart is free to use any ideas, concepts, or techniques that you send LuxarMart for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from LuxarMart under any circumstances.

12. Indemnity.

You shall indemnify, defend and hold LuxarMart and our affiliates and their respective officers, directors, agents,subsidiaries, affiliates, successors, assigns, services providers, suppliers and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, (c) your improper use of the Services, (d) your violation of any law or the rights of a third party, or (e) state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

13. Electronic Communications.

When you use the Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want LuxarMart to send you information that we think may be of interest to you, which may include LuxarMart using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from LuxarMart, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from LuxarMart. You agree to indemnify and hold LuxarMart harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

14. Typographical Errors.

The Sites and the Services could include technical inaccuracies or typographical errors. LuxarMart shall have no liability in connection with any such inaccuracies or errors, nor shall LuxarMart have any obligation to identify and/or correct any such inaccuracies or errors.

15. Links to Other Websites.

For your convenience, certain hyperlinks may be provided on the Sites and Services that link to other websites or social media platforms which are not under the control of LuxarMart (the “Linked Websites”). LuxarMart does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. LuxarMart disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against LuxarMart arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Sites and Services do not imply that: (a) LuxarMart is affiliated or associated with any Linked Website; (b) LuxarMart is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of LuxarMart.

16. Your Personal information

Use of your personal information submitted to or via the Site is governed by our Privacy Policy. We will only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it indicates important information about how we collect and use personal information.

17. Disclaimer of Third Party Information.

To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), LuxarMart has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. LuxarMart does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Company.

18. General.

These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and LuxarMart relating to your use of our Services, and supersede all prior understandings and agreements parties. You consent to receive notice by email to the address provided at registration. If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by LuxarMart shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. LuxarMart may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of LuxarMart, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. You may not enter into any contract on our behalf or bind us in any way. These Terms are for your benefit only, not for the benefit of any third party except for LuxarMart’s permitted successors and assigns. These Terms shall be governed by the laws of INDIA without regard to conflicts of laws provisions,exclusive venue is in the federal and state courts located Mumbai, INDIA. By using the LuxarMart website or acting as a buyer or seller you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside.

19. Mobile Applications and In-App Purchases

You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html). LuxarMart is not a party to any In-App Purchase.

20. Apple App Store

These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
● Both you and LuxarMart acknowledge that the Terms are concluded between you and LuxarMart only, and not with Apple, and that Apple is not responsible for the Application or the Content;
● The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
● You will only use the Application in connection with an Apple device that you own or control;
● You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
● In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
● You acknowledge and agree that LuxarMart, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
● You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, LuxarMart, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
● Both you and LuxarMart acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
● Both you and LuxarMart acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
● In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL-TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

21. Ranking information

Buyers can find, bid on and purchase sellers' products on the Sites by browsing through products by product category (for example, sneakers, streetwear and collectibles), and by entering a specific query in the search box available. The main factors LuxarMart considers when presenting results on the Sites' main web-pages and product category pages are popular brands (based on views for those brands), popular products (based on views for those products), new lowest asks (the products with the most recently listed lowest asks) and new highest bids (the products with the most recently listed highest bids). The main factor LuxarMart considers when presenting results on the Sites' individual brand pages and in response to specific search queries is popular products (based on views for those products). If a customer is logged in to their account, there will also be a section presented to the customer with recommended products based on that customers' clicks on the Sites.

22. Access to data

LuxarMart will have access to buyers' and sellers' personal data which it shall use in accordance with LuxarMart's Privacy Policy, as updated from time to time. LuxarMart will also have access to non-personal data provided by buyers and sellers for the use of the Services or which is generated through the provision of those Services. This includes, for example, information on sellers' products to be displayed for purchase on the Sites, information provided by buyers and sellers when creating an account and information on all product purchases on the Sites. LuxarMart shares information it has access to with third party service providers in order to provide the Services and improve customer experience. LuxarMart will also retain such information after a seller deactivates or terminates their account, in accordance with applicable law.
Sellers will have access to certain data through their online profile. This includes, for example, detail on their own sales history, including previous asks and bids.
Sellers can request access to data about them after deactivating or terminating their account which LuxarMart may be able to provide, provided that the data is still available, and it is permitted to do so under applicable law. Sellers will not have access to any personal data provided by buyers. Sellers will also have access to certain data that is publicly made available on the Sites. This includes, for example, ask and bid prices, product descriptions and the relative popularity of products sold on the Sites.
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In an online purchase, Buyers are sceptical about paying in advance, While seller cannot dispatch goods without receiving advance payments.

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