GENERAL PROVISION AND ACCEPTANCE

Digital Education Martcost.com by Indian Institute of Technical Computer Application and you (if registering as an individual [Author]) or the entity you represent (if registering as a Business Unit / Publisher / Trust / NGO etc.) (“Seller” or “you”) as a seller on Martcost.com. Under this Agreement, you authorize the Indian Institute of Technical Computer Application, among other things to sell on Martcost.com and any related websites and applications owned or operated by or on behalf of the Indian Institute of Technical Computer Application (collectively, the «Websites»), you as an individual, or the Company, Trust, NGO on behalf of which you are registering, (referred to herein as «Seller») agree to be bound by these Martcost.com Terms and Conditions INCLUDING, BUT NOT LIMITED TO, THE PRIVACY POLICY, THE FEES SCHEDULE, AND THE PROHIBITED PRODUCTS LIST (collectively, with any Attachments or Exhibits, the «Agreement»), which are by and between Indian Institute of Technical Computer Application (together with its affiliates, «Martcost.com») and Seller (each, a «Party» and collectively, the «Parties»). This Agreement is effective as of the date Seller registers for the Websites via the Portal or otherwise accepts the Agreement (the «Effective Date of registration»).

You indicate your consent to the terms of this Agreement by clicking on acceptance stating “I have read and agree to comply with and/or be bound by the terms and conditions of Digital Education Martcost Agreement” that is presented to you at the time you sign up to list your Books (products) on the Martcost.com.

RIGHT TO SELL

This agreement hereby grants Indian Institute of Technical Computer Application the exclusive right to sell Study Materials (Books, All Type Notes, Software, Reports, Final Year Projects, etc.) products and this agreement will be subject to a performance-based review before subsequent renewal. The renewal period will be for 1 year. As a courtesy, Seller will list Indian Institute of Technical Computer Application in their online directory and online shop, Digital Education Martcost as a supplier of All Study Materials products to help generate additional sales.

Indian Institute of Technical Computer Application will make every possible effort to maintain an adequate trademark, patent, and copyright protection of Seller’s intellectual property in said jurisdiction for the duration of this agreement. The responsibility of protection reverts to Seller upon the termination of this Agreement.

Indian Institute of Technical Computer Application shall have a non-exclusive right to sell product anywhere and to anyone, provided Seller abides by the terms and conditions of this Agreement and maintains high standards of business professionalism and ethics. Neither Seller nor any of its agents or representatives has the right to control or direct the details, manners, or means by which Indian Institute of Technical Computer Application sells products to its customer base. Seller does retain the right to offer preferential territories or markets to other entities, however, price parity will be maintained on Digital Education Martcost website.

INTRODUCTION TO DIGITAL EDUCATION: MARTCOST.COM

Digital Education Martcost is an online marketplace for Digital Products for connecting Authors and Publishers with potential customers/readers. As a seller, you are neither charged a fee for listing your products/monthly fees/marketplace fees nor any assistance provided by Indian Institute of Technical Computer Application as a component of product management which may include product descriptions, professional photography, editing of Images or any other services provided. You will be charged a commission on the sale of every product that gets sold.

KEY DEFINITIONS

“Martcost” or “Martcost.com” or “Digital Education: Martcost.com” means any location at which Digital Education Martcost makes available or lists the products, which may include Martcost.com or any other webpage, application, mobile interface, service or user interface that allows for the discovery, download or purchase of products on Martcost.

“Digital Products” or “Products” means the seller products, listings that you deliver to Martcost.com or make available through the portal. “Products” also include any new products other than those already listed.

“Martcost.com Policies” means the terms, rules, and policies that Digital Education Martcost makes available at Martcost.com/seller-policy setting forth requirements (as may be modified by Martcost from time to time) for including your Marketplace products in the Martcost.

“Buyer” shall mean a user of the Website who places an Order on the Seller listed items on the Website for products or services.

“Order” shall mean a binding purchase order placed by a Buyer, on Martcost , for the Seller through for supply of products or services.

“Website” means ‘Digital Education: Martcost’ and ‘www.martcost.com’ and instances of the same.

SELLER ACCOUNT

The Seller, who wants to start using the online marketplace, has to register at the Martcost Website. After you agree to be bound by this Agreement and complete the registration form, Martcost will establish an account for you (the “Account”). Martcost is entitled to refuse to register a new Seller without indicating the reasons. You cannot register more than one Account with Martcost as a Seller.

Use of the Website or/and the Services are limited to parties that are 18 years old or older and lawfully can enter into and form contracts under applicable law. To register, you must provide your information required in the registration form and other information required on the registration form. Martcost will apply its undertakings and exercise its rights referring to this information. You authorize Martcost to verify the accuracy of your information and to perform credit or background checks as it desires. Martcost can also request you to provide any documents required to perform either your background check or check of your provided information. Particular documents that have to be submitted will be specified in the notification to you

You confirm that at the registration at the Website you have entered correct data about yourself and that afterward when changing or adding this data in the Account, you will enter only correct data. The Seller shall bear any losses that occur regarding the submission of invalid/incorrect data. You unconditionally warrant that any Product characteristics submitted by you at the Website and any other information, data, and/or content you provide:

(i) will be correct, accurate, and not misleading or otherwise deceptive;
(ii) will not infringe the intellectual property rights of Martcost or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy;
(iii) will not violate any law, statute, or regulation;
(iv) will not be defamatory or libelous, and,
(v) will not create liability for Martcost.

You shall not use the Website and/or the Services for any purpose that is unlawful or prohibited by this Agreement and legal requirements. The Seller’s registration at the Website implies the Seller’s confirmation and a guarantee that by using the Services the Seller will act honestly and in such a way that it would meet the interests of both the Seller and Martcost. Martcost has a right to restrict the Seller’s usage of the Website and/or the Services without prior notice if the Seller uses the Website is an unlawful or another unaccepted way.

DIGITAL EDUCATION: MARTCOST ROLE

Martcost provides a platform for Authors and Publishers to sell their Digital products and Buyers to buy. Martcost is involved in the actual transaction between Sellers and Buyers but is not the agent of them and has no authority for either of them for any purpose. As the Seller, you use the Website and/or the Services at your own risk

Buyers make a purchase from you through the Website and/or by using the Services, they are purchasing the Product from you and not from Martcost. Martcost has no control over Buyers who make purchases or the ability of Buyers to pay for Products they may purchase from you. Martcost has no responsibility to ensure that the Buyer completes a transaction with you or makes a final payment to you.

Martcost shall not verify or inspect the creditability or solvency of any Buyer and shall not be responsible for any settlements between you and Buyers. In no case, Martcost is the owner of Digital Products and has no obligation to control and inspect the quality of Digital Products.

PRODUCTS AND PRICING

Martcost allows you to list and sell only Digital products and no services.

As the Seller, you may list any item on the Website unless it is a prohibited Digital Products, defined in or similar to the items listed in the Prohibited Digital Products List.( Banned as per Government of India/State Government)

Each of your listed items may be reviewed by Martcost before making it available to be purchased. Martcost may have the right to deny any Product for reasons if the product does not abide by this agreement.

By listing the Product on the Website, you represent and warrant to Martcost , prospective Buyers that you are the owner of the Product and/or have the right and ability to sell the Product and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. Martcost retains the right to immediately halt any sale, prevent or restrict access to the Website or the Services, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized Products, any unlawful Products, or any Products otherwise prohibited by this Agreement or applicable law or in any other case in its sole discretion.

You shall indicate the Product price in currency in Indian rupees after discussion with Martcost Seller Account Management team

You commit to selling Products to Buyers at the listed purchase price. By listing the Product you agree to complete the transaction as described by Agreement.

TAXES

You agree that you are solely responsible for determining the amount of any taxes that you may owe as a result of your sale, and are solely responsible to collect, report and remit any such taxes required under the law applicable to you. You hereby agree to fully indemnify, defend and hold Martcost (and its affiliated entities) harmless from any and all claims, demands, damages, awards, fines, costs, expenses, and liability in any way associated with the foregoing obligations or otherwise with respect to any claim, demand or allegation of any tax in any way associated with any sale made by you through the Website and/or the Services.

PRODUCT OWNERSHIP

You (not Martcost) are the owner of your Products.

PRODUCT QUALITY AND WARRANTY

You agree to sell only good quality Digital Products.

You guarantee that your Products will be meet standard quality requirements and conditions of the respective kind of Products and will not have any hidden deficiencies.

If the Product that you sold is the wrong Content, the Buyer can return the faulty Product and you must replace it with the right content Product.

You shall have a policy with regard to the service of Products. Your Product service policy shall be clear, complete, accurate available for review by Martcost at any given time.

You shall include in your Product service policy a prominently displayed disclaimer of any implied services, including without limitation, the implied services of vendor ability and fitness for a particular purpose, and the warranty of non-infringement, on behalf of Martcost.

PRODUCT ORDER MANAGEMENT

Martcost reserves the right to select the products to be displayed on its Website. And also reserves the right to determine the Sellers who may sell on the Website

Martcost shall receive Orders for the products displayed/distributed on behalf of Seller only in the capacity of the entity that provides access to Website, marketing, and distribution channel to the Seller. In the event payments are collected by Martcost on behalf of the Seller, in the mode/s as conveyed to the Buyers, the same will be collected while acting as an agent of the Seller with the sole intent of facilitating the transactions of the Seller.

Martcost shall provide the necessary backend for an order management system, etc., for capturing the Buyer/order details placed on the Sellers. Orders placed by the Buyer will be forwarded to the Seller for packaging. Seller shall provide content & images of its products to be displayed on the Website. Seller will update the dispatch details via email or any other mode as may be notified by Martcost from time to time.

On receipt of the Order, Seller will make the products ready for dispatch along with corresponding orders/ invoices within the specified timeframe agreed with Martcost working days. In the case of delay, Martcost will be immediately informed by Seller, along with the expected time of dispatch, so that the Buyer may be appropriately informed. In case Seller fails to make the product ready for dispatch or delivery to Buyer within the period as stipulated above, Martcost will be nonetheless be entitled to the forfeit fee of 10% of the product from Seller. However, Seller agrees to package and dispatch the product strictly as per the mandate and/or any guidelines given by Martcost from time to time. If Seller undertakes to promote its products, services, offers, packages, etc to the Buyer directly, indirectly, and /or through email, SMS, or any other electronic or physical mode, all promotion should include a co-branding of Martcost and/or Martcost.

SERVICE FEES AND PAYMENTS

The Seller agrees and acknowledges that it will pay the marketplace fees (if not included in selling price) fees as mentioned in the standard format attached herewith in Annexure-1 for all the orders received through Martcost. Contingent upon the purchase by the Buyer of the Product offered by you, you agree to pay Martcost fees (the “Commission Fees”) in accordance with the terms set forth in the Fees Schedule of Selling Price. For the purposes of the payment of the Commission Fees, the moment of the purchase by the Buyer of the Product offered by you is the moment when the Buyer irrevocably places the order for the Product using Martcost‘s Website and/or the Services. You agree and acknowledge that no other circumstances, including, but not limited, to the actual closure of the transaction, cancellation of the purchase, delivery or return of the Product, payment of the price, and/or refund of the price shall condition your obligation to pay the Commission Fees.

Seller shall maintain parity pricing (inclusive of all applicable taxes) of the products to be displayed on the Martcost to that of Seller’s independent website or any third party product listing sites, Seller will be responsible for payment of all applicable sales tax/VAT. Martcost further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Website after discussions with Seller.

The Buyer may authorize payment either via online payment to Martcost by using the marketplace services. Despite the authorization of such payments, Martcost is not the purchaser of the Product, and any dispute with the Buyer Martcost will resolve it with the Buyer unless the product appears to be faulty.

Martcost will pay the seller between 1day to 10days of every month. Martcost shall make the payment by way of account Bank Transfer/UPI/ NEFT after deducting Martcost’s fee as per Annexure-1.

REFUND AND REPLACEMENT POLICY

We Will refund your money if your purchased product found totally wrong in terms of content and if you proved that our content which we have delivered is totally wrong, And we are unable to provide your actual product.

You can claim for refund your money you should Go in the column of “Complaint” form section.

AGREEMENT TERMINATION

The term of this Agreement is for a period of time when you successfully register for the Martcost Account as “Seller” until this Agreement is terminated for whatever reason. You may close your Account and terminate this Agreement at any time by sending an email to Martcost at services@martcost.com. Account cancellation shall mean the Agreement termination.

At any time and for any reason in its sole discretion Martcost may terminate this Agreement, your access to the Website and/or the Services, your Account and may halt any pending listings or sales at any time without notice to you. Martcost shall have no liability or obligation for the termination of this Agreement.

You may not close your Account to evade an investigation on your fraudulent activities. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect Martcost or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties, and other liabilities of whatever nature. You will remain liable for all obligations related to your Account even after the Account is closed.

INDEMNIFICATION

You agree to indemnify and hold Martcost, its parent, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors, and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Martcost arising out of any breach by you of this Agreement or other liabilities arising out of your use of this Website or the Services.

You are responsible for all reversals, chargebacks, fees, fines, penalties, and other liability and/or losses incurred by Martcost, the Buyer, or a third party caused by your use of the products and/or arising from your breach of this Agreement. You agree to reimburse Martcost, the Buyer, or a third party for any and all such liability.

If the Buyer claims for damage reimbursement in relation to your Product, you must immediately act on reimbursing such damage.

If you sell digital products that do not comply with statutory requirements and state authorities apply sanctions to

Martcost for listing such Products to Buyers, you must reimburse these losses to Martcost.

AUTHORISATION

Seller hereby represents and warrant to the other party that the undersigned officers have the power and authority to execute and deliver this Agreement.

Annexure 1

PART A: SELLER DETAILS

The seller details shall remain static as filled by the seller while registration as a seller on Martcost. The details include personal information and account details along with KYC as PAN Card or ADHAR CARD.

PART B: COMMISSION FEE STRUCTURE

CATEGORY	COMMISSION (% OF SELLING PRICE)
Digital Products	15% of Selling Price

SELLING PRICE – MARTCOST COMMISSION FEE = TOTAL PAYOUT

The Seller indicates their acceptance of the terms outlined herein by execution of this agreement by their duly authorized representative. The Seller hereby declares and confirms that in the fulfillment of its obligations under this Agreement, it will not infringe any intellectual property rights of Martcost or any other third party.