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Author Topic: Legal Validity in Online Terms and Conditions  (Read 872 times)

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Offline robinkissac

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Legal Validity in Online Terms and Conditions
« on: May 03, 2015, 12:49:58 PM »
Hi lawyers,

I am planning to create an ecommerce website dealing product sales.
Both buyers and sellers can register in my website. When a product enquiry is received , the same is forwarded to our sellers for quotation, payment through my gateway.

For accounting my transactions  , I am currently incorporating a company in India.

Requesting to share light to my below doubts :

1. As I am looking not only Indian market , but global , should I expect any unexpected difficulties in dealing with global clients ? Both suppliers and buyers ?

2. As part of MCA rules,  Director Identification No. ( DIN) is received for allour directors, and name approval of company is in progress ( Pvt. Ltd.)

But for my ecommerce website , I prefer to use another trademark name. Is it required to link my trademark name and website to my incorporated company? If yes, please... how ??!!

3) When a buyer /seller register in my website, the website requires them to agreee to the terms and conditions of the "website" and of the "company" to which the website is linked to.(Similar to the terms and conditions we click on when trying to register a new email account or fb etc.)

To what extent is the agreement valid in the real world? I mean , if in any case of infringement , is it possible to penalize or litigate against my clients , especially international clients ?

Main possibilities of infringement in my case include :
1. Sellers are supposed to despatch products to buyers via courier service. Sellers are restricted to share their personal information to the buyer.

2. Seller despatches wrong/defective product. In this case supplier is needed to be penalised.

3. If buyer orders product via "Cash on delivery" method and once reaches destination , deny to receive the product etc...

Seeking your expert advices...


Offline dklegal

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Re: Legal Validity in Online Terms and Conditions
« Reply #1 on: May 05, 2015, 01:21:27 AM »
Dear RK,

You may contact us at, and we can schedule a meeting for discussing your concerns concerning setting up your business and will also be able to vet the necessary documents, such as terms and conditions for your website, register your trade mark, etc., as may be required for your website. For your reference, we have advised a number of clients for terms and conditions of their website, including a coca-cola entity in India.


Dhruv Manchanda


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