Terms of Service

TERMS AND CONDITIONS FOR JUMBOBUY.IN

Effective Date: 01.01.2026 Version 1.0

INTRODUCTION AND ACCEPTANCE OF TERMS
1. About JumboBuy Platform: JumboBuy.in ("Platform," "we," "us," or "our") operates as a dedicated business-to-business (B2B) electronic marketplace under the provisions of the Information Technology Act, 2000, specifically functioning as an intermediary under Section 2(1)(w). The Platform exclusively facilitates bulk trade transactions between registered business entities, including manufacturers, importers, wholesalers, and institutional buyers, promoting India's manufacturing capabilities in alignment with the Make in India initiative.
2. Binding Agreement: These Terms and Conditions ("Terms") constitute a legally binding agreement under Section 10 of the Indian Contract Act, 1872, between you ("User," "you," or "your") and JumboBuy, operated by SHEILZ INDIA [Company Legal Name], UDYAM – UDYAM-WB-10-0162144, a company incorporated under the Companies Act, 2013. By accessing, browsing, registering, or utilising any services on our Platform, you expressly consent to be bound by these Terms, along with our Privacy Policy and all applicable policies.
3. Eligibility and Legal Capacity: In accordance with Section 11 of the Indian Contract Act, 1872, you represent and warrant that you possess the legal capacity to enter into binding contracts. Specifically, you confirm that you are either a registered business entity, sole proprietorship, partnership firm, limited liability partnership, or company duly authorised to engage in commercial transactions. Individual users must be at least 18 years of age and acting on behalf of a legitimate business entity with proper authorisation.
DEFINITIONS AND INTERPRETATION
1. Key Definitions: For the purpose of these Terms, the following definitions shall apply as per standard commercial and legal practice in India:
  1. "Bulk Transaction" means any commercial transaction involving quantities typically exceeding retail consumer requirements, generally with minimum order quantities as specified by individual sellers.
  2. "Business User" refers to any entity registered on the Platform for commercial purposes, including but not limited to manufacturers registered under the MSME Development Act, 2006, importers holding a valid Import Export Code (IEC) under the Foreign Trade Policy, wholesalers with GST registration under the Central Goods and Services Tax Act, 2017, and institutional buyers.
  3. "Data Fiduciary" shall have the meaning ascribed to it under Section 2(i) of the Digital Personal Data Protection Act, 2023, and shall refer to any person who, alone or in conjunction with other persons, determines the purpose and means of processing personal data.
  4. "Data Principal" means the individual to whom the personal data relates, as defined under Section 2(j) of the Digital Personal Data Protection Act, 2023.
  5. "Electronic Record" shall bear the meaning provided under Section 2(1)(t) of the Information Technology Act, 2000.
  6. "Sensitive Personal Data" includes information as specified under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
PLATFORM SERVICES AND LIMITATIONS
1. Nature of Services: JumboBuy operates as an intermediary platform under Section 79 of the Information Technology Act, 2000, providing a digital marketplace infrastructure that facilitates connections between business entities. Our services encompass providing searchable product catalogues, enabling business-to-business communications, facilitating negotiation processes, supporting documentation exchange, and offering transaction facilitation tools. The Platform does not take title to goods, act as a commission agent under Section 182 of the Indian Contract Act, 1872, or guarantee the performance of any transaction between users.
2. Intermediary Status and Safe Harbour: In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we function strictly as an intermediary. We do not initiate transmissions, select recipients of transmissions, or modify information contained in transmissions between users. Our liability exemptions under Section 79 of the IT Act remain subject to compliance with due diligence requirements specified under Rule 3 of the Intermediary Rules.
3. Geographic Scope and International Transactions: While the Platform primarily serves Indian manufacturers and businesses, international transactions are facilitated subject to compliance with the Foreign Exchange Management Act, 1999, and regulations issued by the Reserve Bank of India. Users engaging in export-import activities must maintain valid documentation, including IEC registration, comply with the Customs Act, 1962, and adhere to applicable foreign trade policies.
USER REGISTRATION AND ACCOUNT SECURITY
1. Business Verification Requirements: Registration on JumboBuy requires submission of authentic business documentation to ensure platform integrity. Mandatory documents include GST registration certificate (where applicable), PAN card of the business entity, certificate of incorporation or partnership deed, bank account details for business transactions, and such additional documents as may be required for specific user categories. We reserve the right to verify all submitted information through third-party services in compliance with the Prevention of Money Laundering Act, 2002.
2. Account Credentials and Security: Users are responsible for maintaining the confidentiality of their account credentials in accordance with the principles established under Section 43A of the Information Technology Act, 2000. You must immediately notify us of any unauthorised access or security breach. The Platform implements reasonable security practices, including encrypted password storage, two-factor authentication options, and session management protocols. However, users acknowledge that no system is entirely secure and agree to implement their own security measures.
3. KYC and Regulatory Compliance: In accordance with various regulatory requirements, including guidelines from the Reserve Bank of India for digital payments and the Department of Revenue for tax compliance, users may be required to complete Know Your Customer (KYC) procedures. This includes providing Aadhaar-based verification where legally permissible under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, director identification numbers for company representatives, and beneficial ownership declarations as required under the Companies Act, 2013.
DATA PROTECTION AND PRIVACY COMPLIANCE
1. Compliance with Digital Personal Data Protection Act, 2023: As a Data Fiduciary under the Digital Personal Data Protection Act, 2023 (DPDP Act), JumboBuy processes personal data in accordance with the following principles:
  1. Lawful Purpose and Consent: We process personal data only for lawful purposes under Section 4 of the DPDP Act, and obtain free, specific, informed, and unambiguous consent through explicit affirmative action, as mandated under Section 6.
  2. Data Minimisation: In accordance with Section 8(3) of the DPDP Act, we collect only the personal data necessary for the specified purpose, ensuring no excessive data collection.
  3. Purpose Limitation: Personal data is processed solely for the purposes specified at the time of collection, with any additional processing requiring fresh consent under Section 7 of the DPDP Act.
  4. Data Accuracy: We maintain mechanisms for users to correct and update their personal data in compliance with Section 12 of the DPDP Act, ensuring accuracy and completeness.
  5. Storage Limitation: Personal data is retained only for the period necessary to satisfy the purpose of processing or as required by law, with deletion procedures as specified under Section 8(7) of the DPDP Act.
2. Rights of Data Principals: In accordance with Chapter III of the DPDP Act, users as Data Principals have specific rights including the right to access information about personal data processing under Section 11, the right to correction and erasure under Section 12, the right to grievance redressal under Section 13, and the right to nominate another individual to exercise rights in case of death or incapacity under Section 14.
3. Cross-Border Data Transfers: International data transfers are conducted in compliance with Section 16 of the DPDP Act, ensuring transfers occur only to countries and territories notified by the Central Government. Where business requirements necessitate data transfer to non-notified jurisdictions, appropriate contractual safeguards, including standard contractual clauses, are implemented.
4. Data Breach Notification: In the event of a personal data breach, we shall comply with the notification requirements under Section 8(6) of the DPDP Act, including notifying the Data Protection Board of India and affected Data Principals where such breach is likely to cause harm. Notification shall include the nature of personal data concerned, possible consequences of the breach, and measures taken or proposed for mitigation.
PROHIBITED ACTIVITIES AND CONTENT GUIDELINES
1. Prohibited Business Practices: Users shall not engage in activities that violate Indian law or commercial regulations, including but not limited to listing counterfeit goods in violation of the Trade Marks Act, 1999, engaging in unfair trade practices under the Consumer Protection Act, 2019, money laundering activities prohibited under the Prevention of Money Laundering Act, 2002, pyramid schemes or ponzi schemes as defined by the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and activities violating the Competition Act, 2002.
2. Intellectual Property Compliance: The Platform respects intellectual property rights under Indian law. Users must not post content that infringes copyrights protected under the Copyright Act, 1957, violates trademark rights under the Trade Marks Act, 1999, misappropriates trade secrets or confidential information, infringes patents under the Patents Act, 1970, or violates design rights under the Designs Act, 2000. We operate a notice-and-takedown procedure in compliance with Section 79 of the IT Act for addressing intellectual property violations.
3. Content Standards: All content posted on the Platform must comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Specifically prohibited content includes that which is defamatory under Section 499 of the Indian Penal Code, obscene under Section 292 of the IPC and Section 67 of the IT Act, harmful to minors, violates privacy rights, contains viruses or malicious code, or promotes illegal activities.
TRANSACTION TERMS AND DISPUTE RESOLUTION
1. Formation of Contracts Between Users: Contracts for the sale of goods between users are governed by the Sale of Goods Act, 1930, and the Indian Contract Act, 1872. JumboBuy merely facilitates communication and does not become a party to these contracts. The essential elements of a valid contract —offer, acceptance, consideration, and consensus ad idem —must be established independently by the transacting parties.
2. Payment Terms and Financial Regulations: While JumboBuy may integrate payment gateway services, all financial transactions must comply with the Payment and Settlement Systems Act, 2007, RBI guidelines on digital payments, and applicable GST regulations. Users are responsible for maintaining proper tax invoices in accordance with the Central Goods and Services Tax Rules, 2017, determining applicable HSN codes and GST rates, and, where appropriate, ensuring tax deducted at source (TDS) compliance under the Income Tax Act, 1961.
3. Dispute Resolution Mechanism: Disputes between users should primarily be resolved through direct negotiation. Where platform intervention is sought, we provide mediation services in accordance with the Arbitration and Conciliation Act, 1996. For disputes involving the Platform directly, the following mechanism applies:
  1. Tier 1 - Internal Resolution: Grievances should first be addressed to our Grievance Officer appointed under Rule 3(1)(2)(a) of the Intermediary Rules, who shall acknowledge receipt within 24 hours and resolve complaints within 15 days.
  2. Tier 2 - Mediation: Unresolved disputes proceed to mediation under the Mediation Act, 2023, with mediators appointed from panels maintained by recognised mediation centres.
  3. Tier 3 - Arbitration: Failing mediation, disputes are subject to binding arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual consent or according to agreed procedures. The seat of arbitration shall be [City], and proceedings shall be conducted in English.
LIMITATION OF LIABILITY AND INDEMNIFICATION
1. Limitation of Liability: To the maximum extent permitted by law and subject to Section 79 of the Information Technology Act, 2000, JumboBuy's liability is limited as follows. We are not liable for indirect, incidental, special, or consequential damages, loss of profits, business interruption, or loss of business information. Our maximum aggregate liability for any claims shall not exceed the fees paid by the user to the Platform in the twelve months preceding the claim. These limitations apply regardless of the legal theory under which the claim is brought.
2. Indemnification Obligations: Users agree to indemnify and hold harmless JumboBuy, its officers, directors, employees, and agents from any claims arising from violation of these Terms, infringement of third-party rights, including intellectual property, violation of applicable laws or regulations, disputes between users regarding transactions, and content or information posted by users on the Platform.
3. Force Majeure: Neither party shall be liable for failures or delays in performance resulting from acts beyond their reasonable control, including acts of God, natural disasters, pandemic or epidemic restrictions, government actions, war or terrorism, or labour disputes. This provision operates in accordance with Section 56 of the Indian Contract Act, 1872, regarding the doctrine of frustration.
INTELLECTUAL PROPERTY RIGHTS
1. Platform Intellectual Property: All intellectual property rights in the Platform, including copyrights, trademarks, trade secrets, and proprietary technology, remain the exclusive property of JumboBuy or its licensors. The JumboBuy trademark is protected under the Trade Marks Act, 1999, and unauthorised use constitutes infringement. Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for authorised business purposes.
2. User-Generated Content License: By posting content on the Platform, users grant JumboBuy a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for platform operations, marketing purposes with attribution, improving platform services, and legal compliance requirements. Users represent and warrant that they possess all necessary rights to grant this license.
3. Feedback and Suggestions: Any feedback, suggestions, or improvements provided by users become the property of JumboBuy without any obligation of compensation. Users agree that such feedback may be used without attribution or consent for platform enhancement, new feature development, or marketing purposes.
TERMINATION AND CONSEQUENCES
1. Termination Rights: Either party may terminate the user account upon thirty days' written notice. JumboBuy reserves the right to immediately terminate or suspend accounts for violation of Terms, fraudulent or illegal activity, non-payment of fees, or court orders or regulatory requirements. Users may terminate their accounts at any time through the account settings, subject to completion of pending transactions.
2. Effects of Termination: Upon termination, the user's right to access the Platform ceases immediately; pending transactions must be completed or cancelled by mutual agreement; data retention is in accordance with legal requirements and our Privacy Policy; and any outstanding dues become immediately payable. Post-termination obligations, including confidentiality, indemnification, and dispute resolution, survive termination.
3. Data Portability and Deletion: In compliance with Section 14 of the Digital Personal Data Protection Act, 2023, users may request data portability in a commonly used and machine-readable format. Following termination, personal data is deleted or anonymised at the end of the retention period, except where longer retention is required by law or for legal proceedings.
GOVERNING LAW AND JURISDICTION
1. Applicable Law: These Terms are governed by and construed in accordance with the laws of India, including but not limited to the Indian Contract Act, 1872, the Sale of Goods Act, 1930, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and other applicable central and state legislation.
2. Jurisdiction: Subject to the arbitration clause in any specific agreement(s), courts in Kolkata, West Bengal, shall have exclusive jurisdiction over any disputes arising from these Terms. This jurisdiction clause is inserted for the benefit of JumboBuy, which reserves the right to pursue remedies in any other competent jurisdiction.
GENERAL PROVISIONS
1. Entire Agreement: These Terms, together with the Privacy Policy and other referenced policies, constitute the entire agreement between the parties concerning the subject matter hereof, superseding all prior agreements and understandings.
2. Severability: If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that achieves the original commercial intent to the maximum extent possible.
3. Waiver: No waiver of any term or condition shall be effective unless in writing and signed by the waiving party. A waiver of any breach shall not constitute a waiver of any subsequent breach of the same or different provisions.
4. Assignment: Users may not assign or transfer their rights or obligations under these Terms without JumboBuy's prior written consent. JumboBuy may assign its rights and obligations without restriction, including in connection with mergers, acquisitions, or asset sales.
5. Notices: All notices under these Terms shall be in writing and delivered via registered post to registered addresses, email to registered email addresses with read receipt, or through the Platform's internal messaging system. Notices are deemed received upon actual receipt or within three business days of sending, whichever is earlier.
6. Relationship of Parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between JumboBuy and users. Each party remains an independent contractor responsible for its own obligations.
7. Compliance with Export Control Laws: Users engaging in international trade must comply with export control regulations, including the Foreign Trade (Development and Regulation) Act, 1992, customs regulations, and international sanctions regimes applicable to Indian businesses.
8. Anti-Corruption Compliance: Users represent and warrant compliance with the Prevention of Corruption Act, 1988, and agree not to offer, pay, promise, or authorise payment of anything of value to government officials or other parties to obtain improper business advantages.
AMENDMENTS AND MODIFICATIONS
1. Right to Modify: JumboBuy reserves the right to modify these Terms at any time to reflect changes in law, platform features, or business requirements. Material changes will be notified via email to registered addresses, through prominent platform notifications, or by requiring affirmative consent for continued use.
2. Continued Use: Continued use of the Platform after notification of changes constitutes acceptance of the modified Terms. Users who disagree with modifications must discontinue platform use and close their accounts in accordance with the termination procedures.

14. ACKNOWLEDGMENT AND ACCEPTANCE

By clicking "I Agree," creating an account, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. You further acknowledge that you have the legal authority to bind your business entity to these Terms and that your use of the Platform constitutes acceptance of these Terms on behalf of your organisation.

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