Privacy Policy

We view protection of your privacy as a very important principle. We endeavor to 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 there under. If you object to Your Information being transferred or used in this way please do not use the Website. We may share your personal information and details/information related to your transaction history and preferences and use and browsing history, purchases, refunds and any other elements or details of your use of the Website with Our other corporate affiliates. If You object to Your Information being transferred or used in this way you may (a) write to us accordingly at support@Xtracover.com, or (b) not use the Website.

These corporate affiliates may market to You as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to Our service providers (such as logistic service provider, billing, or collections companies). This disclosure may be required for Us to provide You access to our services, to comply with our legal obligations, to enforce Our Terms of Use, to facilitate our marketing and advertising activities, or to 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 your 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 your personal information to law enforcement offices in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use 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 may 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 re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to your personal information.

Privacy of Others: You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the services. Additionally, You may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Xtracover does not warrant that:

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

The information on this Website is complete, true, accurate or non-misleading.

Xtracover 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 Website. Xtracover does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the products and services sold by independent sellers on Website are governed by different state laws and if seller is unable to deliver such products or services 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 or service that could not be delivered to You.

Selling

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the rules and policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, You agree to refund any amounts that You may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Xtracover reserves the right to disable such multiple listings of the same product listed by You in various categories.

Services

Payment

While availing any of the payment method/s available on the Website, 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:

  1. Lack of authorization for any transaction/s, or

  2. Exceeding the pre-set limit mutually agreed by You and between "Bank/s", or

  3. Any payment issues arising out of the transaction, or

  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to You, 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:

  • Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the buyer and seller to facilitate the completion of the transaction. Use of the payment facility shall not render Xtracover liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.

  • You have specifically authorized Xtracover or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery (“Cash on Delivery” or “CoD”) to and from other Users in respect of transactions through payment facility. Your relationship with Xtracover is on a principal to principal basis and by accepting these Terms of Use you agree that Xtracover is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website that are paid for by using the payment facility.Xtracover does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.

  • You understand, accept and agree that the payment facility provided by Xtracover is neither a banking nor financial service but it 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 Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Xtracover is neither acting as trustees nor acting in a fiduciary capacity with respect to 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 Website 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 case of Cash On Delivery transactions, 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 Website 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 category 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 or original mode of payment from where transaction price was received.

For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the buyer (As per registration details provided by the buyer) or through any other payment modes as agreed by buyer.

Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.

For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (“RBI”).

Refund shall be conditional and shall be with recourse available to Xtracover in case of any misuse by buyer.

Refund shall be subject to buyer complying with Policies.

  • Xtracover reserves the right to impose limits on the number of transactions or transaction price which Xtracover may receive from on an individual valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by the RBI 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.

  • Xtracover 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 buyer with Xtracover or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

  • Xtracover 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 Xtracover. As a result of such check if Xtracover is not satisfied with the creditability of the buyer or genuineness of the transaction or other reasons at its sole discretion, Xtracover shall have the right to reject the receipt of / buyers commitment to pay transaction price. For 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 Xtracover.

  • Xtracover may delay notifying the payment confirmation i.e. informing seller to dispatch, if Xtracover deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Xtracover may hold transaction price and Xtracover 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 Xtracover 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 control of Xtracover.

Compliance with Laws:

  1. 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 Website, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. 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 cancelled if there is a discrepancy between the name of the Customer on the Website and the name on the PAN Card.

  2. Buyer and seller shall at all times comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under 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 there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Website.

  3. 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.

  4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support 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.

Buyer's arrangement with Issuing Bank:

Indemnity

You shall indemnify and hold harmless Xtracover, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Release

If You have a dispute with one or more users, You release Us (and our affiliates and subsidiaries, and Our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which You may know or suspect to exist in your favor at the time of agreeing to this release.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented by the independent sellers solely for the purpose of sale in India. Xtracover make no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so on their own initiative and Xtracover is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This Website is controlled and operated by Xtracover and products are sold by respective sellers. All material on this Website, including images, illustrations, audio clips and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Xtracover respects the intellectual property of others. In case You feel that your Trademark has been infringed, You can write to seller@Xtracover.com

Product Description

Sellers are responsible for their product descriptions, contents, features, quality, condition, pricing etc. Xtracover does not warrant that product description or other Content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL XTRACOVER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Xtracover’s liability in any circumstances is limited to be the amount of fees or the transaction price (as the case may be), if any, paid by You to Xtracover.

General

None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between You and Xtracover; and You shall have no authority to bind Xtracover in any manner whatsoever.

Except as explicitly stated otherwise, any notice shall be given by postal mail on behalf of Xtracover.com to Aforeserve Technologies Private Limited, Attn: Legal Department, B-21, Sector-8, Noida-201301, (in the case of Xtracover.com) or to the email address You provide to Us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Us during the registration process or updated thereafter. In such case, notice shall be deemed given three (3) days after the date of mailing.

If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use.

This Terms of Use sets forth the entire understanding and agreement between You and Xtracover with respect to the subject matter hereof.

In Xtracover sole discretion, Xtracover may transfer its rights and obligations (also known as “assign”) under this Terms of Use without your prior express consent, provided that Xtracover assigns the Agreement on the same terms or terms that are no less advantageous to You.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Saquib Shakil

Aforeserve Technologies Private Limited

First Floor, B-2/17, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi – 110044 Email: saquib@xtracover.com

POLICIES

Profanity Policy

Xtracover prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on seller pages and all other areas of the Website that another User may view. If the profane words are part of a title for the item being sold, we allow sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

  • Report offensive display names

  • Report offensive language in a listing or otherwise

If a feedback comment or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Xtracover will consider the circumstances of an alleged policy violation and the User's trading records before taking action.

Violations of this policy may result in a range of actions, including:

  • Limits placed on account privileges;

  • Loss of special status;

  • Account suspension.

Other Businesses Xtracover does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Xtracover assumes no responsibility for examining or evaluating the products and services offered by them. Xtracover does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Xtracover does not endorse, in any way, any third party website(s) or content thereof.

Xtracover Infringement Verification (Xtracover IV) 

  • If you are a Verified Rights Owner and want to report a listing issue, see Xtracover 's Xtracover IV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through Xtracover IV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

  • If your listing was removed through Xtracover IV, and you believe that your listing was removed in error, please contact us.

Xtracover does not and cannot verify that sellers have the right or ability to sell or distribute their listed products. However, Xtracover is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Xtracover in writing. Xtracover IV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. Xtracover IV participants have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be allegedly infringed upon by products listed on Xtracover.com is encouraged to become a Xtracover IV member. Program membership entitles you (Verified Rights Owner) to the following benefits:

  • Rapid response by Xtracover in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing

  • Dedicated priority email queues for reporting alleged infringements

  • The ability to obtain identifying information about Xtracover 's users'

How to Become a Xtracover IV Member To join the Xtracover IV, We require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Xtracover to easily identify the material or listing to be ended. In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at saquib@xtracover.com. paresh@xtracover.com Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted. We are happy to receive such information, but must advise that we may be limited in our ability to respond to your request in the absence of formal notice from an authorized rights owner.

Notice of Infringement

_______________________ _______________________ I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows: I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner"). I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing. I may be contacted at:

Name ___________________________________________________________

Title & Company __________________________________________________

Address _________________________________________________________

Email (correspondence) ____________________________________________

Telephone/Fax ___________________________________________________

Date ___________________________ and I make this declaration conscientiously believing it to be true and correct.

Declared by ______________________________ on [date] ___________________________________ in [place]________

Truthfully,

Signature

Addendum to Notice of Infringement: List of Allegedly Infringing Listings, Products, or Materials

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Xtracover will inform sellers of the specific reason for the removal of their products. Select the most appropriate reason. Please associate each item you report with only one reason code.

Trademark-infringement

  1. Trademark owner doesn't make this type of product or has discontinued the production of the product

  2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

  1. Listing(s) has unlawful comparison to trademark owner's brand or product

  2. Listing(s) contains unlawful use of trademark owner's logo

Copyright-item infringement

  1. Software is being offered without any license or in violation of a license

  2. Item(s) is a bootleg recording;

  3. Item(s) is an unlawful copy (software, games, movies, etc.);

  4. Item(s) is unlawful duplication of printed material

  5. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

  1. Listing(s) comprises unauthorized copy of copyrighted text

  2. Listing(s) comprises unauthorized copy of copyrighted image

  3. Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: ____________________________________________________

Work(s) infringed: __________________________________________________

Item Number(s): ___________________________________________________

Note:

  1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant).

  2. Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to seller@ Xtracover.com. Contacting the Seller At Xtracover, we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support by accessing help center.