Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.goyantra.com (hereinafter referred to as “Website“) is owned by Consera Business Consulting, (hereinafter referred to as “Consera“).
Please read the following terms and conditions carefully. The ordering of goods from the Website or listing for supply on the Website or while contacting the Seller directly indicates that you are in agreement with these terms and conditions.
In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.
These “Terms and Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The following definitions apply to the terms of usage of this website by any user.
- “We”, “us”, “our”, “goyantra” shall refer to Consera, its employees, authorized agents and its independent contractors and the entities that provide or undertake to provide the service hereunder or perform any other services incidental thereto on its behalf.
- “Website” shall refer to “ goyantra.com”.
- This “Terms and Condition of Use” will be referred to as “Agreement”.
- “Seller”, “Merchant”, “Supplier”, “Consignor” shall refer to the independent individual sellers or their companies or firm, who list themselves on the Website in order to showcase their Product for sale.
- “Buyer”, “Purchaser”, “Consumer”, “Consignee” shall refer to the individuals who access the website to purchase intended Products from the sellers listed therein.
- “You” “Your” shall refer to the “seller”/ “Merchant”/ “Supplier”/ “Consignor” or “Buyer”/ “Purchaser”/ “Consumer”/ “Consignee” depending on the nature of the transaction and the context of the stipulated terms and condition.
- “Product” refers to the goods offered on sale only by the “Sellers”, “Merchants”, “Suppliers”, “Consignors” listed herein which comprises of both refurbished goods as well as newly launched goods.
- “Consignment” refers to the goods sold and in transit to the address of the buyer.
- “Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.
- “Delivery” means the tender of the consignment to the consignee.
- “Website Content” shall refer to any information and/or data published at the website This may include, but is not limited to, its design, layout, text, images, graphics, video, web pages, hyperlinks, data posted by registered or un-registered users, trade leads, buy leads, trade offers, advertisements, etc. It may be website’s content or content posted by third parties.
- “Third party content” shall refer to all the content provided or submitted by users and/or contributed by anonymous users or paid content providers at our website This includes, but is not limited to, Company name, address, contact details, company profile information, trade leads, buy leads, catalogues, inquiries, paid write-ups.
- “Visitors” shall refer topersons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited.
- “Subscribers” shall refer toSubscribers to lists, Newsletters, promotional material, marketing material, or any other advertising material.
- “Registered Members” shall refer to Visitors or companies who voluntarily create their profile at this website having their unique LOGIN.
- “Paid Members” shall refer to registered Members whose payment is accepted by this website are termed as Paid Members. Merely paying at our website is not enough; if this website doesn’t accept the payment, a registered member can’t be termed as Paid Member. After expiry of term of subscription, a paid member becomes Registered Member, if he does not renew his membership.
- “Services” shall refer to any service or subscription offered or provided by this website, right to view or visit provided by this website are collectively.
- “User” shall refer to Registered Members, Paid Members and Visitors are collectively. It also includes the business entities that can enter into a contract.
- “Verified” shall refer to the “Verified” stamp visible on leads or requests posted on the site by users signifies that personnel from this Website have called the person posting such a lead and spoken to him/her to confirm his/her buying intent. It should not be misconstrued as a stamp-of-approval nor a certificate from this Website towards the authenticity of such a lead or request. Users are still advised to conduct sufficient and necessary due diligence before entering into a transaction with them.
- General declaration:
“goyantra” is a venture of Consera, based in Pune, which provides an innovative and easily accessible platform for all the needs of infrastructure and construction equipment/ products and services (both new and refurbished) as offered by third parties, posting advertisements, etc., by enabling Sellers to offer their Product and goods on wholesale to potential consumers. It enables Buyers to connect with the Seller in order to purchase the Seller’s Product listed on the Website at the price indicated therein at any time from any location within India. We do not ship international orders at this time. The Website is only a facilitator and is not and cannot be a party to or control in any manner any transactions entered into through the Website. Accordingly, the contract of sale and purchase of Product on the Website shall be a strictly bipartite contract between you and the sellers on Website. Further, at no time shall any right, title or interest in the Product sold through or displayed on the Website vest with us. We reserve the right to vary the range of our Product, services and Website content and design whenever necessary.
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk. The responsibility to exercise diligence, prudence and the best of judgment before entering into any transaction through this Website rests on the users and the Website shall not be held responsible for any act or omission or breach on part of the registered or paid members or Buyers or sellers. The Website hereby disclaims any liability and responsibility for the quality and standard of the Product whose purchase it facilitates. We shall neither be responsible for nor be a party to any dispute or resolution of dispute between the buyers and the sellers.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, finesse, durability, performance, safety, merchantability, fitness for a particular purpose, or legality of the Product listed or displayed or transacted, or the content (including product or pricing information and/or specifications) on the Website. We clarify that while reasonable precautions are taken to ensure accuracy in all Website content, all content, information (including the price of Product), software, Product, services and related graphics are provided as is, without warranty of any kind.
We do not implicitly or explicitly support or endorse the sale or purchase of any Product on the Website.
The Website is an aggregator of Sellers selling infrastructure and construction equipment/ products and services and the Buyers engaging the services of the Website are solely responsible and liable to contact and interact with the Seller in order to purchase the products and service. We are not responsible for any payments, refunds, replacements, delivery, etc. The Buyers are expected to contact the Sellers directly for any query related to the Product or Service sold.
- User eligibility:
Our services may only be availed by those individuals, companies, firms or any other entities who can form legally binding contracts under the Indian Contract Act 1872. Therefore, user(s) must not be a minor i.e. user(s) must be at least 18years of age to be eligible to use our services.
Please note the applicability of the following if you are a “Buyer”:
- You may be required to register on Our Website portal/ Mobile App as a Buyer to access our Services and help us serve your requirements.
- Although Our Services for the time being are free, we reserve a sole right to reverse our Free Services to Paid Services without prior notice, we thus request you to check our Website/ Mobile App from time to time.
- We make best endeavours to enlist highest quality of Sellers, but it should be noted that we may not be able to match your material/ services requirements from Sellers.
- We do not undertake to guarantee the credentials of Sellers who may supply their goods and services through our Website/ Mobile App.
- As www.goyantra.com is a marketplace platform for connecting Buyers and Sellers, we do not guarantee the quality and safety of products being sold, you should exercise caution as you would typically exercise with purchase of any products and services.
- You may be required to furnish complete details of your contact details and mailing address details in order for us to provide our Services and connect you better to the Sellers.
- You agree that by placing an order you are entering into an agreement with Us to establish a business relationship with Our Sellers for your requirements, and thus agree to be contacted by Us and our Sellers.
- You acknowledge that you may be contacted by Us by way of fax, email, phone or such other reasonable means at the addresses or number(s) provided by you, for the purpose of verification, which in turn will facilitate Us and the Seller to provide a curated Services, addressing your need and requirement.
- You acknowledge that you may be contacted by our Sellers enquiring about your orders, and you further consent expressly to be contacted by Us or them by way of fax, email, phone or such other reasonable means at the addresses or number(s) provided by you.
- Should you have a dispute with any Seller you must address such dispute with the Seller directly. You hereby agree to release Us (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes.
Please note the applicability of the following if you are a “Seller”:
- You may be required to register on Our Website/ Mobile App portal as a Seller to access our Services and help us connect you with our Buyers.
- Although Our Services for the time being are free, we reserve a sole right to reverse our Free Services to Paid Services without prior notice, we thus request you to check our Website/ Mobile App from time to time.
- We do not undertake to guarantee the credentials of Buyers who place order for goods/ seeking services through our Website/ Mobile App
- We merely act as a facilitator and make best endeavours to connect you with your potential Buyers, thus we do not take a responsibility to convert your potential Buyers to “Buyers” who may place orders with you/ avail your services.
- You may be required to furnish complete details of your contact and mailing address details in order for us to provide our Services and connect you better to the Buyers.
- You agree that by accepting an order placed through Our Website/ Mobile App you are entering into an agreement with Us to establish a business relationship with Our Buyers for their requirements, and thus agree to be contacted by Us and our Buyers.
- You acknowledge that you may be contacted by our Buyers enquiring about your products/ materials/ services, and you further consent expressly to be contacted by them or Us by way of fax, email, phone or such other reasonable means at the addresses or number(s) provided by you.
- You must place all of the products / services offered for sale in the correct category and describe them appropriately and in full.
- You are particularly obliged to indicate possible conditions, rights of withdrawal and other restrictions in terms of the products /services being offered by You. You may be additionally required to provide information from time to time. You must at all times provide all information necessary for the potential Buyer to make a decision including but not limited to information relating in particular to, all transportation-related details and characteristics that increase the value of the products/ services being offered for sale as well as any restrictions and circumstances which may influence the value of the product/ service being offered for sale.
- We are not obliged to verify the Seller information. However, We reserve the right to check your offer for sale of products/ services before it is advertised on our Website/Mobile App
- Should your products/ services offered for sale no longer be available as a whole or in part for reasons, you will be responsible to promptly delete such offer from the platform or modify it.
- Should you have a dispute with any Buyer, you must address such dispute with the Buyer directly. You hereby agree to release Us (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes.
- Intellectual Property:
Consera is the sole owner of all the rights and titles in respect of the Website and the Website content. Website site content means its design, layout, text, images, graphics, sound, video etc. The Website content embodies trade secrets and intellectual property rights protected under applicable intellectual property rights and protection laws.
All title, ownership and intellectual property rights in the Website and its content shall remain with Consera and its affiliates or licensor’s of goyantra’s content, as the case may be. All the rights not otherwise claimed under this agreement or by the Website, are hereby reserved.
All rights in the designs and information on our Website are owned by us.
All related icons and logos are registered trademarks or trademarks or service marks of Consera are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. The third party content in the nature of trademarks or service marks posted on the Website may be subject to intellectual copy protection under applicable laws. Consera doesn’t claim any title, license or ownership in respect of such third intellectual property.
All content on this Website is the copyright of Consera except the third party content and link to third party web sites on our app/Website. Such third party content may be subject to copyright.
Systematic retrieval of the content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Consera is prohibited. In addition, use of the content for any purpose not expressly permitted in this Terms and Conditions is prohibited and may invite legal action. As a condition of your access to and use of Consera’s Services, you agree that you will not use the web site service to infringe the intellectual property rights of Consera or other users in any way.
- Force Majeure:
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to acts of God, accidents, acts of terrorism, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of its obligations.This condition does not affect your statutory rights.
Upon the breach of these conditions if/when no action is taken, Consera will still be entitled to rights and remedies in any other or similar situation where these conditions are breached.
- Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Pune, India.
This section deals with conditions relating to the purchase of Product by you through the Website from the Sellers therein.
- Indemnity and release: You hereby expressly release and hold harmless, Consera and/or its affiliates and/or any of its officers and representatives from any claim, cost, damage, liability or other consequence of any of the acts or omissions of the sellers and waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Consera is not liable to indemnify any user making purchases through the Website in the event of any loss, damage, injury caused to such user arising out of any transaction of purchase facilitated by the Website. The responsibility to exercise due diligence, ordinary prudence and intelligence rests on the Purchaser. The principle of caveat emptor still applies despite of reasonable precautions taken by the Website in ensuring authenticity and accuracy of its web content.
- Taxes: You shall be responsible for payment of all fees/costs/charges associated with the purchase of Product from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
- Communications: When you visit the website, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you via e-mail, SMS, phone call, WhatsApp or by posting notices on the Website or by any other appropriate mode of communication. For contractual purposes, you consent to receiving communications including SMS, e-mails or phone calls from us with respect to your order.
This section deals with conditions relating to the sale of Product on the Website by you to Buyers.
- Indemnity and release: You shall indemnify and hold harmless Consera, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or by the Buyer or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby release Consera, its subsidiaries, affiliates and their respective officers, directors, agents and employees from any liability in the event of any loss, damage or injury caused to you or your business arising out of transactions facilitated by the Website. Consera disclaims all kinds of responsibilities and liabilities in case of “return, refund and replacement” transactions and shall not be liable for the loss of consignments during the said transactions.
You shall keep Consera harmless and indemnified in case of any act, omission, breach, misconduct, fraud, illegality or obscenity arising out of your conduct which compromises the goodwill, safety and security of “goyantra” and Consera reserves the right to take preclusive actions and the right to take legal action against you.
- Listing: 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. GoYantra reserves the right to delete such multiple listings of the same product listed by you in various categories.
You have to update the price, specifications, quality, minimum order quantity and any other factor you have displayed for the product posted by you as and when it changes immediately. If any purchase is made by the buyer before you change it then the displayed price, specifications, quality, minimum order quantity and any other factor you have displayed for the product posted by you will be applicable to you and you have to supply the material with displayed price, specifications, quality, minimum order quantity and any other factor you have displayed for the product posted by you to the buyer. GoYantra is not responsible for any loss to you in that case.
- Reporting and documentation: You shall be responsible for raising or collecting from Buyers any appropriate documentation including invoices, Delivery challans, way bills or any other statutorily required documentation for reporting of both dispatch and arrivals of the shipment of Product to the Consignee’s address. You must at all points in time of usage of “goyantra” possess all requisite licenses and permissions obtained from the appropriate statutory authorities and that of local bodies, for the manufacturing and supply of the Product. You shall be solely responsible for clearing any goods held up at any check posts or seized by tax authorities as a result of non-compliance of any required documentation or permissions or violation of license.
11.1 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Consera’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Consera to any third parties without the requirement of seeking Your prior consent. Consera shall have right to transfer Your Account and Account Information to a third party who purchases Consera’s business as conducted under the Website.
11.2 Severability: If any clause of this Agreement 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 Agreement.
11.4 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Consera for the purpose of this Agreement shall be the following:
Name: Shaishav Lodha
Working Days: Mon-Friday
Working Hours: 10 a.m to 6 p.m