Kandharam Seller Terms & Condition
This document is
an electronic record in terms of Information Technology Act, 2000 (“IT Act,
2000”), the applicable rules thereunder and the 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.
This document is
published in accordance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy and Terms of Use for access to or usage
of www.kandharam.co.in website.
The domain
name www.kandharam.co.in including the related mobile site and mobile
application as well as the seller portal www.Kandharam.co.in/vendor (hereinafter
referred to as “Platform”) is owned and operated by Kandharam Decor Fashions
& Trends (hereinafter referred to as 'Kandharam'), a company incorporated
under the Companies Act, 1956, with its registered office at Kandharam Décor
Fashions & Trends, 155, 6th Main road, Venkatraman Nagar, Near
Hasthinapuram Bus Terminus, Chitlapakkam Post, Chennai 600064, Tamil Nadu,
India.
For the purpose
of the Terms of Use (hereinafter referred to as “TU”), wherever the context so
requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has
agreed to become a seller on the Platform by providing registration data while
registering on the Platform using computer systems. The word ‘user’ shall
collectively imply a seller, a buyer, and any visitor on the Platform and the
terms ‘we’, ‘us’ and ‘our’ shall mean Kandharam.
Your use of the
Platform and the features therein is governed by the following terms and
conditions (TU) including applicable policies available on the Platform,
notifications and communications sent to you on the Platform which are
incorporated herein by way of reference. If you transact on the Platform, you
shall be subject to the policies that are applicable to the Platform for such a
transaction. By mere use of the Platform you shall be contracting with Kandharam,
and these terms and conditions including the policies constitute your binding
obligations to Kandharam.
When you use any
current or future services provided by us through the Platform you will be
subject to the rules, guidelines, policies, terms and conditions applicable to
such services and they shall be deemed incorporated into the TU and considered
a part and parcel of the TU. We reserve the right, at our sole discretion, to
change, modify, add, or remove portions of the TU at any time. We will notify
you through any of the communication modes as mentioned in this TU in case of
any changes or updates to the TU that materially impact your use of the
Platform. Your continued use of the Platform following the changes or
updates will mean that you accept and agree to the revisions. As long as you
comply with the TU, we grant you a personal, non-exclusive, non-transferable,
and limited privilege to enter and use the Platform.
ACCESSING,
BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE
TERMS AND CONDITIONS UNDER THE TU. PLEASE READ THE TU CAREFULLY BEFORE
PROCEEDING. By impliedly or expressly accepting the TU, you also accept and
agree to be bound by all of Kandharam’s policies applicable to you, as
amended, from time to time.
Seller
Eligibility
The use of the
Platform is available only to persons who can form legally binding contracts
under the Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to use the Platform. If
you are a minor i.e. under the age of 18 years, you shall not register as a
seller on the Platform, transact or use the Platform. Kandharam reserves the
right to terminate your registration and/or refuse you access to the Platform
if it is brought to Kandharam’s notice or discovered that you are under the age
of 18 years. If you register as a business entity, you represent that you are
duly authorized by the business entity to accept the TU and you have the
authority to bind the business entity to the TU.
Your
Account and Registration Obligations
In the course of
your use of the Platform, you agree to furnish your details and information as
requested by us from time to time. You shall remain responsible for maintaining
confidentiality of this information, as well as your display name, login and
password details. You agree that if you provide any information which is
untrue, inaccurate, not current, or incomplete or we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current, incomplete,
or not in accordance with the TU, we shall have the right to suspend or
terminate your account on the Platform or indefinitely block you from accessing
the Platform.
Seller Account
Deactivation:
As per our
policy, if a seller requests for a closure of the account, the account will be
put on hold for a period of 90 days to ensure smooth closure of transactions
which have been made prior to his closure request and this will be available to
the said seller for downloading payment and taxation reports, if required.
After 90 days, the seller would be required to reach out to us confirming that
he has downloaded the reports and requesting for a deactivation again. Upon
receiving this confirmation, the seller’s account will be deactivated provided
there are no outstanding payments due from the seller, with certain information
being retained by Kandharam at all times, such as registered mobile number,
registered email ID, GSTIN and other transaction related information. Such
information is being retained for audit purposes and to prevent fraudulent acts
by the sellers in the future. If a seller decides to commence his business with
Kandharam again, he/she will not be able to create a new account but the older
account can be restored if it is required.
Communications
When you use the
Platform or send emails, other data, information, or communication to us, you
agree and understand that you are communicating with us through electronic
records and you consent to receive communications via electronic records from
us periodically or as and when required. We may communicate with you by email
or any other mode of communication, electronic or otherwise.
Platform
for Transaction and Communication
The Platform is
a platform that users utilize to independently meet and interact with one
another for their transactions. Kandharam is not and cannot be a party to any
transaction or dispute between users on the Platform.
Consequently:
1. All
commercial/contractual terms are offered by you and agreed upon between you and
buyers alone. The commercial/contractual terms include (without limitation)
price, shipping costs, payment methods and terms, date, period, and mode of
delivery, and warranties and after-sales services related to products and
services. Kandharam does not determine, advice, have any control, or in any way
involve itself in the offering or acceptance of such commercial/contractual
terms between you and buyers.
2. Kandharam
does not make any representations or warranties regarding specifics (such as
quality, value, and salebility) of the products or services proposed to be
sold, offered to be sold or purchased on the Platform. Kandharam does not
implicitly or explicitly support or endorse the sale or purchase of any
products and services on the Platform. Kandharam accepts no liability for any
errors or omissions of third parties in relation to the products and services.
3. Kandharam
is not responsible for any non-performance or breach of any contract between
you and buyers. Kandharam cannot and does not guarantee that you and buyers
concerned will perform transaction(s) concluded on the Platform. Kandharam
shall not and is not required to mediate or resolve disputes or disagreements
between you and buyers.
4. Kandharam
does not make any representations or warranties regarding item-specifics (such
as legal title, creditworthiness, identity, etc.) of any of its users. You are
advised to independently verify the bona fides of any particular buyer you
choose to deal with on the Platform and use your best judgment in that regard.
5. Kandharam
does not at any point in time during a transaction between you and a buyer on
the Platform come into or take possession of any of the products or services
offered by you, gain title to or have any rights or claims over the products or
services offered by you to the buyer.
6. At no
time shall Kandharam hold any right/title to or interest in the items nor have
any obligations or liabilities with respect to such a contract. Kandharam is
not responsible for unsatisfactory or delayed performance of services, damages,
or delays as a result of items which are out of stock, unavailable, or
back-ordered.
7. The
Platform is only a platform that can be utilized by you to reach a larger
customer base to sell items or services. Kandharam only provides a platform for
communication and it is agreed that the contract for sale of any products or
services shall be a strictly bipartite contract between you and the buyer.
8. You
release and indemnify Kandharam and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of
the users on the Platform and specifically waive any claims that you may have
in this behalf under any applicable law. Notwithstanding its reasonable efforts
on that behalf, Kandharam cannot control the information provided by other
users which is made available on the Platform. You may find other user's
information to be offensive, harmful, inaccurate or deceptive. Please use
caution and practice safe trading when using the Platform. Please note that
there may be risks in dealing with underage persons or people acting under
false pretence.
Use
of the Platform
You agree and
understand that Kandharam and the Platform merely provide hosting services to
its registered users and persons browsing/visiting the Platform. All items
advertised / listed and the contents therein are advertised and listed by
registered users and are third party user generated contents. Kandharam shall
bear no responsibility or liability in relation to or arising out of third
party user generated content. Kandharam neither originates nor initiates the
transmission nor selects the sender and receiver of the transmission nor
selects nor modifies the information contained in the transmission. Kandharam
is merely an intermediary and does not interfere in the transaction between
buyers and sellers.
You agree,
undertake and confirm that your use of the Platform shall be strictly governed
by the following binding principles:
1. You
shall not host, display, upload, modify, publish, transmit, update or share any
information or image which:
(a) belongs to
another person and over which you have no right;
(b) is grossly
harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic,
pedophilic, libelous, invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating to or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever, or
unlawfully threatening or harassing, including but not limited to ‘indecent
representation of women’ within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986;
(c) is false, inaccurate or
misleading in any way;
(d) is patently
offensive to the online community, such as sexually explicit content or content
that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm
of any kind against any group or individual;
(e) harasses or
advocates harassment of another person;
(f) involves the
transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or
‘spamming’; including spamming by ways of unrelated feedbacks on surveys
(g) promotes
illegal activity or conduct that is abusive, threatening, obscene, defamatory,
or libelous;
(h) infringes
upon or violates any third party's rights [including but not limited to
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person's name, email address, physical address, or
phone number) or rights of publicity];
(i) promotes an
illegal or unauthorized copy of another person's copyrighted work (see
“Copyright complaint" below for instructions on how to lodge a complaint
about uploaded copyrighted material) such as providing pirated computer
programs or links, information to circumvent manufacturer-installed
copy-protect devices, or pirated music or links to pirated music files;
(j) contains
restricted or password-only access pages, hidden pages or images or URLs
leading to any other pages (those not linked to or from another accessible
page);
(k) provides
material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
(l) provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, providing or creating computer
viruses;
(m) contains
unauthorized videos, photographs or images of another person (whether a minor
or an adult);
(n) tries to
gain unauthorized access or exceeds the scope of authorized access to the
Platform, profiles, blogs, communities, account information, bulletins, friend
requests, or other areas of the Platform, or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users on
the Platform;
(o) engages in
commercial activities and/or sales such as contests, sweepstakes, barter,
advertising, pyramid schemes, or the buying or selling of ‘virtual’ items
related to the Platform without our prior written consent.
Throughout the TU,
Kandharam’s prior written consent means a communication coming from Kandharam’s
Legal Department in response to your request and specifically addressing the
activities or conduct for which you have sought authorization;
(p) solicits
gambling or engages in any gambling activity which we, at our sole discretion,
believe is or could be construed as being illegal;
(q) interferes
with another’s use and enjoyment of the Platform;
(r) refers to
any website/URL which, at our sole discretion, contains material that is
inappropriate for the Platform or any other website and content that is prohibited
or violates the letter and spirit of TU;
(s) harms minors
in any way;
(t) infringes
any patent, trademark, copyright, proprietary rights, third-party’s trade
secrets, rights of publicity, or privacy, is fraudulent, or involves the sale
of counterfeit or stolen items;
(u) violates any
law for the time being in force;
(v) deceives or
misleads the addressee/ users about the origin of messages or communicates any
information which is grossly offensive or menacing in nature;
(w) impersonates
another person;
(x) contains
software viruses or any other computer codes, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer resource; or
contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or
other computer programming routines that may damage, detrimentally interfere
with, diminish value of, surreptitiously intercept, or expropriate any system,
data, or personal information;
(y) threatens
the unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the
commission of any offence or prevents investigation of any offence or is
insulting any other nation; offends the religious and national sentiments of
the nation as included in ‘Zero Tolerance to Profanity, Hurting National and
Religious Sentiments’ policy.
(z) shall,
directly or indirectly, offer or attempt to offer trade or attempt to trade in
any item which is prohibited or restricted in any manner under the provisions of
any applicable law, rule, regulation or guideline for the time being in force;
(aa) shall
create liability for us or cause us to lose (in whole or part) the services of
our Internet Service Provider (“ISPs”) or other suppliers.
2. You shall not
use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device,
program, algorithm, methodology, or any similar or equivalent manual process to
access, acquire, copy, monitor any portion of the Platform or content or in any
way reproduce, or circumvent the navigational structure, presentation of the
Platform, or any content to obtain or attempt to obtain any material,
documents, or information through any means not purposely made available
through the Platform. We reserve our right to bar any such activities.
3. You
shall not attempt to gain unauthorized access to any portion or feature of the
Platform, other systems, networks connected to the Platform, server, computer,
network, or the services offered on or through the Platform by hacking,
password ‘mining’, or any other illegitimate means.
4. You
shall not probe, scan or test the vulnerability of the Platform or any network
connected to the Platform or breach the security, authentication measures on
the Platform or any network connected to the Platform. You may not reverse
look-up, trace or seek to trace information on any other user of or visitor to
Platform (including any account on the Platform that is not owned by you) or to
its source or exploit the Platform, any service, information made available, or
offered by or through the Platform in any way where the purpose is to reveal
any information (including but not limited to personal identification or
information other than your own information) provided by the Platform.
5. You
shall not make any negative, denigrating, or defamatory statement(s)/comment(s)
about us, the brand name or domain name used by us, including the terms Kandharam,
Kandharam.co.in or otherwise engage in any conduct or action that might tarnish
the image or reputation of Kandharam or sellers on the platform or otherwise
tarnish or dilute any Kandharam trademark, service marks, trade name and/or
goodwill associated with such trade, service marks or trade name as may be
owned or used by us. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure of the
Platform or Kandharam’s systems, networks, or any systems or networks connected
to Kandharam.
6. You
agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Platform, any transaction being
conducted on the Platform or any other person’s use of the Platform.
7. You
shall not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message, transmittal you send to us on or through
the Platform, or any service offered on or through the Platform. You may not
pretend that you are or represent someone else or impersonate any other
individual or entity.
8. You may
not use the Platform or any content for any purpose that is unlawful or
prohibited by the TU or to solicit the performance of any illegal activity or
other activity which infringes the rights of Kandharam and/or others.
9. You
shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000, and the other rules thereunder as applicable
and amended from time to time and also all applicable domestic laws, rules and
regulations (including the provisions of any applicable Exchange Control Laws
or Regulations in force) and International Laws, Foreign Exchange Laws,
Statutes, Ordinances and Regulations (including, but not limited to Integrated
Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and
Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act
or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies
as may be applicable) and obtain the necessary licenses and permits regarding
your use of our Platform, service and/or tools and your listing, purchase,
solicitation of offers to purchase, and sale of items or services. You shall
not engage in any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or regulations
for the time being in force. In particular, you shall ensure that if any of
your items listed on the Platform qualifies as an "Antiquity" or
"Art treasure" as defined in the Act ("Artwork"), you shall
indicate that such Artwork is "non-exportable" and sold subject to
the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure
that it is not delivered to any buyer at any place outside India.
10. You shall
strictly comply with the OFAC Regulations and Other Applicable Sanctions
Regulations as may be amended from time to time.
11. Solely to
enable us to use the information you provide us with and so that we do not
violate any rights you might have in your information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and
sub-licensable (through multiple-tiers) right to exercise the copyright,
publicity or database rights or any other rights you have in your information
for any current or future promotional or advertising related activities and any
business purposes of Kandharam.
12. From time to
time you shall be responsible for providing information relating to the items
or services proposed to be sold by you. In this connection, you undertake that
all such information shall be accurate in all respects. You shall not
exaggerate or over emphasize the attributes of such items or services so as to
mislead other users on the Platform in any manner.
13. You shall
not engage in advertising or solicitation of other sellers on the Platform to
buy or sell any products or services, including but not limited to products or
services related to what is displayed on the Platform. You may not transmit any
chain letters or unsolicited commercial or junk email to other users acquired/via
the Platform. It shall be a violation of the TU to use any information obtained
from the Platform in order to harass, abuse, or harm others or contact,
advertise and sell to or solicit persons other than those who have chosen to
buy from you. You understand that we have the right at all times to disclose
any information (including the identity of the persons who have provided
information or material on the Platform) as necessary to satisfy any law,
regulation, or valid governmental request. This may include, without
limitation, disclosure of the information in connection with the investigation
of an alleged illegal activity or its solicitation and/or response to a lawful
court order or subpoena. In addition, we can (and you hereby expressly
authorized us to) disclose any information about you to law enforcement or
other government officials as we, at our sole discretion, deem necessary or
appropriate in connection with the investigation and/or resolution of possible
crimes, especially those that may involve personal injury. We reserve the
right, but have no obligation, to monitor the material posted on the Platform. Kandharam
shall have the right, at its sole discretion, to remove any content that
violates or is alleged to violate any applicable law or either the spirit or
letter of the TU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR
THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT
COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be
advised that such content posted does not reflect Kandharam’s views. In no
event shall Kandharam assume or have any responsibility or liability for any
content posted on the Platform or claims, damages, or losses resulting from its
use and/or appearance of it on the Platform. You hereby represent and warrant
that you have necessary rights to all the content you provide and all
information it contains and that such content shall not infringe any
proprietary or other rights of third parties or contain any misleading, libelous,
tortious, or otherwise unlawful information.
14. Your
correspondence or business dealings with or participation in the promotion of
advertisers on or through the Platform (including payment and delivery of
related products or services, any other terms, conditions, warranties, or
representations associated with such dealings) are solely between you and such
advertisers. We shall not be responsible or liable for any loss or damage of
any sort incurred as a result of such dealings or the presence of such
advertisers on the Platform.
15. It is
possible that other users (including unauthorized persons or ‘hackers’) may
post or transmit offensive or obscene material on the Platform and that you may
be involuntarily exposed to such material. It is also possible for others to
obtain personal information about you due to your use of the Platform and use
such information to harass or injure you. We do not approve of such
unauthorized uses but by using the Platform, you acknowledge and agree that we
are not responsible for the use of any personal information that you publicly
disclose or share with others on the Platform. Please carefully select the type
of information that you publicly disclose or share with others on the Platform.
16. Kandharam
shall have all the rights to take necessary action and claim damages that may
occur due to your involvement/participation in any way on your own or through
group(s) of people, intentionally or unintentionally, in DoS (denial of
service) / DDoS (Distributed Denial of Services).
17. Kandharam
and/or its affiliates may from time to time in partnership/association with its
partners and/or third-party sponsors, organize/enable promotional campaigns on
the Platform for the benefits of the customers/Sellers. Partners/third party
sponsors may prescribe certain objective qualifying criteria to identify
Sellers who will be eligible for the benefits of the campaign. All Sellers who
qualify based on the objective criteria provided by such sponsors of the
campaign will be auto opted-in and be able to obtain the benefits of such
promotional campaign. In the event any Seller does not qualify based on the
objective criteria, Sellers may choose to participate in such campaigns by
expressly opting-in for them. In the event a Seller opts in for such
promotional campaigns that they are not eligible for to enhance their sales,
they will have to bear the cost of such promotional campaigns, if any, limited
to the sales of their products. For avoidance of any doubt, some Sellers may
qualify, and some may not, based on the qualifying criteria set for each
individual campaign. Please refer to the campaign communication/notifications
for more details, as may be communicated to you from time to time.
Selling
As a registered
seller, you shall list item(s) for sale on the Platform in accordance with the
policies which are incorporated by way of reference in this TU. You must be
legally able to sell the item(s) you list for sale on our Platform and must
have all the necessary licenses and permits required for such sale. 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,
pictures or videos that describe your item for sale. All items must be listed
in an appropriate category on the Platform. 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 the actual condition of the product.
If the item description does not match the actual condition of the item, you
agree to refund any amount that you may have received from the buyer. You agree
not to list a single product in multiple quantities across various categories
on the Platform. Kandharam reserves the right to delete such multiple listings
of the same product listed by you in various categories. Kandharam reserves the
right to restrict the selling of products originating from certain countries.
For Food, Nutrition & Supplement category, seller shall adhere to the minimum balance shelf life norms as provided.
a. If you have your own Platform / Website (www.example.com) the rates you provided in Kandharam Platform should not greater or higher than your platform / website. It should match Exact Equal or Lesser than your Platform / website. Kandharam reserves the right to change the Price match exact to your Website to our Kandharam Platform. If you not agree with the terms then your product will be disabled in our Kandharam Platofrm to sell.
a(1). If you are a manufacturer, then the above clause (a) will be strictly followed with out any change in it.
a(2). If you are a wholesale, Distributor, Retailer can keep a Maximum of 12% - 18% above the purchase rate or not higher then the MRP mentioned in the product.
Compliance
on selling of goods/services
You shall also
ensure full compliance with the provisions of Integrated Goods and Services Tax
(IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and
Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the
goods/services supplied by you.
It is your
responsibility to charge appropriate goods and services taxes on the supplies
effected and remittance of the same to the Government. Kandharam shall
not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax
collection at source provisions under IGST, CGST and/UTGST or SGST, the portal
would collect tax collection at source at applicable rates on net value of
taxable supplies made through the portal and remit to the appropriate
Government.
In case of any mismatches
on account of tax collection at source, you shall be required to provide all
relevant information to Kandharam to correspond with the relevant authorities
and also in case of any liability accruing on account of omission shall be your
obligation to pay such deficit.
You shall be
required to provide the corresponding Harmonised System Nomenclature (HSN) code
number for every product listing. In the event that you do not provide the HSN
code number that particular product will be delisted and you will no
longer be able to sell the product on our platform.
You shall also
be required to provide your GSTIN, without which we will not be able to raise
an invoice on you. In the event that you do not provide your GSTIN number,
transactions on your account will be blocked and orders will not be processed
on your account. In the event of you providing your Input Service
Distributor Registration Number, Kandharam would be issuing an invoice to the
ISD GST registration number as furnished by you. It is your responsibility
to undertake the necessary compliance required in respect of the said ISD
registration number.
In the event of
any conflict between the terms of this clause and any other clause in these
terms of use, the provisions of this clause will prevail.
You agree and
undertake that You shall not, at any time, purchase more than 25% of your
inventory (in terms of annualized value in a financial year),
purported to be sold on the Platform, from Kandharam or its Group Companies.
Group Company shall have the meaning as per the extant Foreign Direct
Investment Policy of India. We may require you to provide certification
(including auditors certificate) to confirm compliance with this requirement.
We do not
mandate that any of your Products should be sold exclusively on the Platform.
For the sake of clarity, effective February 01, 2019, Kandharam unilaterally
waives any obligation on You to sell exclusively on the Platform. Any written
or oral arrangements to the contrary, shall stand unilaterally waived.
As per Section
194-O of the Finance Act, 2020, Kandharam will deduct TDS on the gross amount
of sale (excluding GST) of goods or provision of services provided through the
Platform at 0.75% from October 1, 2020 to March 31, 2021 and at 1% thereafter.
Content
Posted on the Platform
All text,
graphics, seller interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music and artwork, notes, messages, emails, billboard postings,
drawings, profiles, opinions, ideas, images, videos, audio files, other
material or information (collectively ‘Content’) are third-party generated
Content and Kandharam has no responsibility or liability over such third-party
generated Content as Kandharam is merely an intermediary for the purposes of
this TU. Except as expressly provided in the TU, no part of the Platform
including the Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any way
(including ‘mirroring’) to any other computer, server, website or other medium
for publication, distribution or any commercial enterprise without Kandharam’s
prior written consent.
You may use the
information on the products and services made available on the Platform for
downloading provided you:
(1) do not
remove any proprietary notice language in all copies of such Content;
(2) use
such Content only for your personal, non-commercial informational purpose and
do not copy or post such information on any networked computer or
broadcast it to any media;
(3) make no
modifications to any Content; and
(4) do not make
any additional representations or warranties relating to the Content.
You shall be
responsible for the Content posted or transmitted on the Platform by You. The
Content will become our property and you grant us the worldwide, perpetual,
royalty free and transferable rights in such content. We shall be entitled to,
consistent with our privacy policy as adopted in accordance with applicable law,
use the Content or any of its elements for any type of purpose forever,
including, but not limited to, promotional and advertising purposes in any
media, whether now known or hereafter devised or the creation of derivative
work. You agree that any content you post may be used by us, consistent with
this TU, and you are not entitled to any payment or other compensation for such
use.
Limited
License
Kandharam grants
sellers a limited, non-transferable, non-exclusive, non-sub licensable,
non-assignable and personal license to use "Powered by Kandharam"
and/or “Kandharam.com” name and/or logo on seller’s invoice for transactions
concluded on the Platform. Further, Kandharam grants sellers a limited,
non-transferable, non-exclusive, non-sub licensable, non-assignable and
personal license to use “Kandharam.com” name and/or logo on packing material
used by sellers for delivery of Products sold on the Platform.
Payment
1. 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 sellers and buyers and the payment facility is merely used by sellers
and buyers to facilitate the completion of transactions. Use of the payment
facility shall not render Kandharam liable or responsible for 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 Platform.
2. You have
specifically authorized Kandharam or its service providers to collect, process,
facilitate, and remit payments and/or the transaction price electronically or
through cash on delivery (CoD) to and from buyers in respect of transactions
through payment facility. Your relationship with Kandharam is on a principal to
principal basis and by accepting the TU, you agree that Kandharam 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 Platform and paid
for by using the payment facility. Kandharam does not guarantee the identity of
any User nor does it ensure that a buyer or a seller will complete a
transaction.
3. You
understand, accept, and agree that the payment facility provided by Kandharam
is neither a banking nor financial service, but merely a facilitator providing
an electronic, automated online electronic payment facility for receiving
payment, or cash on delivery (CoD) payment, collection and remittance for
transactions on the Platform using the existing authorized banking
infrastructure and credit card payment gateway (PG) network. Further, by
providing payment facility, Kandharam neither acts as a trustee nor fiduciary
with respect to transaction or transaction price.
It
is hereby clarified that cash on delivery (COD) option may not be available for
select products or categories, at Kandharam’s sole discretion.
4. All online bank transfers from valid bank accounts are
processed using the gateway provided by the respective issuing bank that
supports 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 a seller buyer and the respective issuing bank.
Dispatch
of products and/or services 1.
You, as a seller, shall be required to dispatch the products and/or services
for every transaction to the buyer within the time period as provided in the TU
to ensure that the products and/or services are delivered in a timely manner.
Further, you will solely be responsible for undertaking transit insurance for
products sold by You on the Platform. For avoidance of doubt, Kandharam will
not be responsible for undertaking any insurance(s) for products sold by
sellers on the Platform
2. Seller
shall provide dispatch details and details of after-sales services related to
products and services listed by it on the Platform to Kandharam in such a
manner and within a time period as provided in the policies, failing which the
transaction shall stand cancelled.
3. Seller
shall dispatch the products and/or services using only an approved delivery
channel which provides appropriate ‘proof of dispatch’ & ‘proof of
delivery’ (PoDs) documentation. Such PoD documentation relating to delivery
should be maintained by a seller for a period of 3 (three) years from the date
of dispatch. The PoDs should be furnished to Kandharam on demand within the
time frame as notified from time to time.
4. Seller
agrees that the dispatch details shall be true, correct, and duly authorized
and shall not be misleading, fraudulent, false, unauthorized, illegal and shall
not contain any misrepresentation of facts.
5. In case
a seller fails to provide dispatch details or provides dispatch details not
complying with policies, it shall result in consequences as more specifically
stated in the TU and may lead to suspension and/or termination of seller
account.
6. Seller
agrees that the transaction price paid by a buyer will be remitted to a
seller’s bank account contingent upon the following events:
a) Buyer
confirms the delivery of products and/or services in the transaction;
b) Buyer does
not take any action on payment facility to confirm delivery within such a time
period as provided in the policies despite confirmation of dispatch of products
and/or services by a seller to the buyer;
c) Buyer’s
refund claim is rejected by Kandharam due to any breach of the TU, policies,
and any applicable law;
Once the
transaction is completed by the Seller, the remittance to seller shall be made
in accordance with RBI Intermediary Guidelines.
7. You are
required to route all shipments/consignments through the Logistic Partner,
unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service
provider as approved by Kandharam.
Prepaid
Payment Instruments
Kandharam may,
either itself or through third-party service providers, offer prepaid
instruments as a payment option for transactions on the Platform to users. Any
purchases by buyers on the Platform using the prepaid instruments shall be
governed by the following terms and conditions:
1.
Such prepaid instruments may be used
to make payments for the products and/or services purchased on the Platform
2.
Such prepaid instruments can be
redeemed by buyers by selecting the payment mode as may be provided on the
Platform.
3.
Such prepaid instruments cannot be
used to purchase other prepaid instruments or gift vouchers.
4.
If the order value exceeds the amount
of such prepaid instruments, the balance must be paid by the respective buyer
via Credit Card/Debit Card /Internet Banking. COD shall not be available as
payment option for such transactions.
5.
If the order value is less than the
amount of such prepaid instruments, the outstanding balance (after deduction of
order value) will reflect as credit balance for such prepaid instruments.
6.
Prepaid instruments and any unused
balance of such prepaid instruments shall expire 1 year from the date of their
issue.
7.
Prepaid instruments cannot be
redeemed for cash.
8.
Kandharam is not responsible if
prepaid instruments are lost, stolen, or used without permission.
9.
Buyers can combine and use a maximum
of 3 prepaid instruments per order. They can be combined with promotional
codes.
10.
Purchases of prepaid instruments are
not eligible for cashback offers.
11.
All sellers on the Platform will
accept this prepaid instrument as a payment instrument.
12.
Kandharam will make payments to
sellers whose products and/or services have been purchased by buyers redeeming
electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank
of India from time to time.
Financial
Facilities for customers
Kandharam has
operationalized tie-ups with multiple partners for providing financial
assistance to customers for purchasing products on the platform and thereby
enhancing the transaction capability of customers. In pursuance of the same, in
the event of the customers opting for the financial assistance program and you
duly receiving such amounts from the partners (on behalf of the customers), you
hereby agree to assign all receivables from the customer for such transaction. Therefore,
you hereby agree that without any further action on your part, upon receipt of
the amount due from such partners, any and all receivables due from the
customers shall stand assigned in favour of the partner. You hereby authorize Kandharam
to enter into any documentation on your behalf to complete and perfect the
assignment. Upon such assignment, the financing partner shall have all the
rights as the seller may have had in relation to the collection of receivables
from the customer and the customer shall be required to repay the financing
partner directly. The lending partner further reserves the right to assign and
transfer such receivables under these terms and conditions to an NBFC/financial
institution as it may deem fit.
Charges
Registration on
the Platform is free. Kandharam does not charge any fee for
browsing/registering on the Platform. However, before you list a product or
service for sale through the Platform, we request you to review our fee policy,
which is hereby incorporated by reference into this TU. Kandharam reserves the
right to change its fee policy from time to time. In particular, Kandharam may,
at its sole discretion, introduce new services and modify some or all of the
existing services offered on the Platform. In such an event, Kandharam reserves
the right to introduce fees for the new services offered or amend/introduce
fees for existing services, as the case may be. Changes to the fee policy shall
be posted on the Platform and such changes shall automatically become effective
immediately after they are posted on the Platform. Unless otherwise stated, all
fees shall be quoted in Indian Rupees (INR) and payable to Kandharam. You shall
be solely responsible for compliance with all applicable laws for making
payments to Kandharam. You hereby agree that Kandharam shall have the right to
set off any amounts due and payable by You to Kandharam against any payments
due from Kandharam to You.
GST
/Taxes: You are responsible for paying
all fees associated with the use of the Platform and charges collected in
respect of such usage. You agree to bear any and all applicable taxes,
charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess
as may be applicable to the transaction).
1. A
seller agrees that Kandharam may offer to provide express remittance to eligible
sellers as per payments settlement policy. Express Remittance shall be subject
to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Kandharam,
at its sole discretion, may make such an offer to eligible sellers and the same
shall not be construed as a right but only as a privilege. Eligible sellers
understand that Kandharam reserves the right to withdraw Express Remittance at
any time for any violation of the TU or Kandharam’s policies and/or failure by
the eligible sellers to maintain or comply with the parameters as may be
decided by Kandharam from time to time.
2. Invoice
generation: A seller expressly agrees that issuing correct and complete invoice
is the sole and primary responsibility of a seller. We will assist you with
this process by generating an invoice on your behalf. For us to generate
these invoices, we would need a digital image of your signature which will be
affixed on the invoice. The invoice shall then be generated and sent to the
seller. The seller shall be required to physically sign the invoice, print the
invoice and affix the same on the consignment. The invoice generated by Kandharam
shall be affixed by the seller on the consignment. Notwithstanding anything
else contained in these terms of use, the seller shall be solely liable for any
liability which may be imposed by taxation authorities for any discrepancy in
the invoices.
A seller
expressly agrees that issuing the correct and complete invoice is the sole and
primary responsibility of a seller. Furthermore, the seller shall ensure that
invoices state ‘Powered by Kandharam’ and failing to do so, a seller shall be
liable to chargebacks (as applicable).
3. In case of
any chargebacks levied by the bank, Kandharam shall have the right to deduct
such chargebacks from seller remittances, present and future, and a seller’s
only remedy will be to discuss and resolve the same with the bank. A seller
hereby agrees to extend full co-operation in resolving the chargeback disputes
raised by a buyer through the bank and shall provide necessary documentation
regarding the transaction to the complete satisfaction of the bank. In case the
chargeback is ruled against a seller, Kandharam shall be entitled and
authorized to recover the same from the seller to its fullest extent and the
bank’s decision shall be final and binding in this regard. In the event Kandharam
has made any excess payment to the seller inadvertently, such excess payments
shall be set-off from any future payments payable by Kandharam to the seller.
4. Kandharam
may delay notifying the payment confirmation, i.e. informing the seller to
dispatch if Kandharam deems suspicious or a buyer conducts high transaction
volumes to ensure safety of the transaction and transaction price. In addition,
Kandharam may hold transaction price and not inform seller to dispatch or remit
transaction price to law enforcement officials (instead of refunding the same
to a buyer) at the request of law enforcement officials or in the event of a
buyer being engaged in any form of illegal activity.
5. Sellers
acknowledge that Kandharam will not be liable for any damages, interests,
claims etc. resulting from not processing a transaction/transaction price or
any delay in processing a transaction/transaction price that is beyond the
control of Kandharam.
6. Kandharam
shall make payments into the bank account provided by a seller during the
seller registration process. Once Kandharam has made payments into such a bank
account number, Kandharam shall be discharged of any/all liabilities towards
the seller and the seller shall not be eligible for any claims whatsoever.
Compliance
with Laws:
1.Seller shall
sign an undertaking stating that they have obtained and will continue
to maintain in force all the necessary licenses, permissions, authorizations,
and permits needed to distribute, market, supply and sell the [*] (“Products”)
on www.kandharam.co.in under applicable
laws, from time
to time, including, the Food Safety and Standards Act, 2006, Food safety and
standards (licensing and registration of food business), Regulations, 2011 and
all applicable legislations under FoodSafety and Standards Regulations, in each
case, as amended from time to time. For all times during which the seller may
advertise, distribute, market, supply or sell the Products on www.kandharam.co.in,
the undertaking remains true and correct in all respects. Further, the seller
shall immediately notify Kandharam Decor Fashions & Trends, in writing,
upon the lapse of the FSSAI License and/or in case of receipt of any order,
demand, warrant or document or any regulatory action with respect to the FSSAI
License. The seller acknowledges and agrees that Kandharam Decor Fashions &
Trends shall be permitted to assign or otherwise furnish the undertaking to any
authority or person as may be required for official purposes. Seller shall also
comply with the Legal Metrology Act, 2009 and the related rules and regulations
while listing products on the platform Kandharam.com. Seller shall be required
to enter the mandatory attributes while listing products on the platform
(including but not limited to the country of origin of the product) as provided
under the Legal Metrology Packaged Commodity Rules and the related
amendments.
2. In the event
of sale of jewellery, the seller shall provide a hallmark certificate (in
accordance with applicable laws) along with the product at the time of
delivery. Further, it shall be sole responsibility of the Seller to comply with
hallmarking or other similar provisions applicable for the sale of jewellery
and Kandharam shall not be liable whatsoever for any non-compliance in this
regard.
3. In the
event of sale of jewellery, Seller shall ensure conducting of buyer KYC in
accordance with the prevention of anti-money laundering laws and other applicable
laws. Kandharam hereby disclaims any responsibility for conducting Buyer KYC.
4. Seller shall
comply with all laws and regulations applicable, including but not limited to
anti-money laundering (including ‘know your customer’ and ‘customer due diligence’),
and economic sanctions laws and regulations. Neither party will engage in a
transaction pursuant to this TU that will cause the other party to violate such
regulations.
5. Seller shall
ensure that no products are sourced or used in the manufacturing or in the
provision of services which originate wholly or in part, from any of the
prohibited countries stated in the ‘OFAC Regulations and Other Applicable
Sanctions Regulations’.
6. If and to the
extent that you collect, access, use, store, record, or otherwise process
(collectively “Process”) any personally identified or identifiable information
such as name, age, gender, email address, physical address, phone number, in
any form that can be linked to a specific individual (“Personal Information”)
received by you from or on behalf of Kandharam (or any Kandharam group company)
employees, contractors, users, partners, or other third parties or otherwise
obtained in connection with performing your obligations under this TU (“Kandharam’s
Personal Information"), you agree to:
1.
comply with applicable data
protection laws, rules and regulations governing the collection, use,
protection, breach notification, retention, disclosure of Personal Information
including but not limited to Information Technology Act, 2000 and the
Information Technology (Reasonable Security practices and procedures and
sensitive personal data or information) Rules, 2011 (“Applicable Data
Protection Law”), including any requirements applicable to storage or
cross-border transfer of Personal Information outside India;
2.
keep and maintain all Kandharam’s
Personal Information in strict confidence and the obligation to protect
Personal Information shall survive in perpetuity; and
3.
process Kandharam’s Personal
Information solely to fulfil Your obligations under this TU and not sell, rent,
trade, lease, use for its own advertisement or marketing purposes, or otherwise
make an unauthorized disclosure of Kandharam’s Personal Information to any
third party.
7. If and to the
extent that you provide yours or others’ Personal Information to Kandharam for
processing, you warrant that such Personal Information was collected lawfully,
and there is no restriction on you under the Applicable Data Protection Law,
from providing such Personal Information to Kandharam or any processing by Kandharam
under this TU. We will only use information provided by you in accordance with
this TU and our Privacy Policy available at www.Kandharam.co.in
8. You undertake
sole and exclusive responsibility to ensure that the products you want to list
on Kandharam.co.in for Sales are permissible for such a Sale and are
not prohibited or restricted per one or many conditions imposed by the extant
laws of the land, Kandharam’s Prohibited and Restricted Items Policy, or other Kandharam
policies/Indian Laws listed.
9. Products must
adhere to the legal metrology laws and Indian Labelling requirements by
ensuring that the indicated weights and measurement indicated in the products
and/or its components are commensurate with the mandatory and legal
requirements of the same which make the product and/or components accurate,
authentic and secure for consumption/utilization by the customer. Kandharam
does not assume any responsibility for the proceedings undertaken by an
aggrieved customer/consumer against the seller in the event of a
non-adherence. However, in the event of a complaint from a consumer/customer,
the seller is obligated to answer queries on the non-adherence to the Legal
Metrology Laws, failing which Kandharam can temporarily/indefinitely
suspend/terminate/block/with-hold your account at its own discretion.
Product
Description
Kandharam does
not warrant that product description or other content on the Platform is
accurate, complete, reliable, current, or error-free and assumes no liability
in this regard.
Audits
Kandharam shall
have the right to inspect and audit seller’s records and premises / place of
business through itself or through Kandharam approved third party testing
agencies. Cost of such an audit shall solely be borne by Kandharam unless the
audit reflects discrepancy in seller accounts / non-compliance with Kandharam’s
seller policies, in which case the cost of audit shall be borne by the seller.
Breach
Without limiting
other remedies, we may limit your activity, immediately remove your
information, warn other users of your actions immediately,
temporarily/indefinitely suspend/terminate/block your account and/or refuse you
access to the Platform, or put your account on hold, in the event of, including
but not limited to, the following:
1. if you breach
the TU, privacy policy or other policies (if any);
2. if we are
unable to verify or authenticate any information you provide;
3. if it is
believed that your actions may cause legal liability for you, other users, or
us; or
4. if you do not
produce the legal requirement documents such as, the documents required for
product sales in the Drugs and Cosmetics category, the BIS license documents,
the Brand Authorisation letter, or a Trademark registration proof, as may be
required by Kandharam Authorities.
We may at any
time, at our sole discretion, reinstate suspended sellers. A seller that has
been suspended or blocked may not register or attempt to register with us or
use the Platform (through itself or any other entity or legal form) in any
manner whatsoever until such time that such a seller is reinstated by us.
Notwithstanding the foregoing, if you breach the TU or other rules and
policies, we reserve the right to recover any amounts due and owed by you to us
and take strict legal action, including but not limited to a referral to the
appropriate police or other authorities for initiating criminal or other
proceedings against you.
Indemnity
You shall
indemnify and hold harmless Kandharam its owner, licensee, affiliates,
subsidiaries, group companies (as applicable) and their respective officers,
directors, agents, and employees from any claim, demand, or actions including
reasonable attorneys' fees made by any third party or penalty imposed due to or
arising out of your breach of the TU, privacy policy and other policies or your
violation of any law, rules, regulations or the rights (including infringement
of intellectual property rights) of a third party.
Trademark
complaint
Kandharam
respects the intellectual property of others. In case you feel that your
trademark has been infringed, you can write to Kandharam at trademark@Kandharam.co.in
Copyright
complaint
Kandharam
respects the intellectual property of others. In case you feel that your work
has been copied in any way that constitutes copyright infringement you can
write to Kandharam at copyright@Kandharam.co.in or raise an incident from your
seller dashboard
Trademark,
Copyright and Restriction
The Website is
controlled and operated by Kandharam and products are sold by respective
registered sellers. All material on the Platform, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks and other intellectual property rights. You must not copy,
reproduce, republish, upload, post, transmit, or distribute Kandharam’s or
other sellers’ material in any way, including by email or other electronic
means and whether, directly or indirectly, you must not assist any other person
to do so. Without the prior written consent of the owner, modification or use
of the material on any other website/networked computer environment or for any
purpose other than personal, non-commercial use is a violation of the copyrights,
trademarks, and other proprietary rights is prohibited. Any use for which you
receive any remuneration, whether money or otherwise, is a commercial use for
the purposes of this clause.
Limitation
of Liability
IN NO EVENT
SHALL KANDHARAM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TU, EVEN IF KANDHARAM
HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable
Law
The TU shall be
governed, interpreted, and construed in accordance with the laws of India. The
place of jurisdiction shall exclusively be Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise
specified, the material on the Website is presented solely for the purpose of
sale in India. Kandharam makes no representation that the material on the
Website is appropriate or available for use in other locations/countries other
than India. Those who choose to access the Website from other
locations/countries other than India do so on their own initiative and Kandharam
is not responsible for supply of products/refund for the products ordered from
other locations/countries other than India and compliance with local laws, if
and to the extent local laws are applicable.
Contact
Us
Please send any
comments or questions, including all enquiries not related to trademark and
copyright infringement, by raising an incident from your seller dashboard.
Grievance
Officer
In accordance
with the IT Act, 2000, and the rules thereunder, the name and contact details
of the grievance officer are provided below:
Malathi Perumal.M.B.A
Hr & Finance
155, 6th
Main Road, Venkatraman Nagar,
Chennai –
600064, Tamil Nadu, India
e-Mail:
grievance@kandharam.co.in