Last updated: April 27, 2023

TERMS AND CONDITIONS

Use of this website is subject to the following terms and conditions, or "Terms of Use."

Dukaan Dost is a trade name that is owned and operated by Arknine Technology Private Limited (also known as "Dukaan Dost," "we," or "our"). Dukaan Dost is an app available in the iOS & Android Stores that allows users who have registered to purchase/Sales products in cities all across India ("Services").

For viewing the privacy policies click ___________

KINDLY READ THE TERMS CAREFULLY BEFORE PROCEEDING FURTHER, IN CASE YOU DO NOT AGREE WITH THE TERMS KINDLY DON’T ACCESS THE PLATFORM AND SERVICE OF DUKAAN DOST.

The term of use is an electronic documents thus it is governed by the Information Technology Act, 2000 as amended from time to time. It is also in accordance with the due diligence as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as per the Rule 3(1)(a). 

The terms of use is legally binding on the Buyer as well as the Seller. You are aware and also acknowledged that Dukaan Dost platform is a B2B and shall provide the services only to business entities.

This agreement, as well as any additional terms and conditions governing the Platform (such as, but not limited to, the Return Shipments Policy, Undelivered Shipments Policy, Privacy Policy, Product Listing Policy, Infringement Policy, and Anti-Counterfeiting Policy), are referred to collectively as the "Terms," and they may be subject to change at any time. We are not obligated to provide you with prior written notice before changing, amending, adding, or removing any portion of these Terms and we reserve the right to do so at any time. Accessing, utilizing, or otherwise making use of the Platform or the Services in any way, including after such changes have been made, constitutes an agreement by the User to accept the Terms and to be bound by them (as may be amended from time to time). It is your responsibility to check on regular basis to see if these Terms have been updated with any new information or adjustments. Please do not make use of the Services or the Platform if you are unable to be legally bound by the Terms, or if you do not agree with the Terms.

Any user of Dukaan Dost (herein after known as "User" or "you") is deemed to have read and unconditionally accepted the terms and conditions, which also include the Privacy Policy, which is offered separately on (website Dukaan Dost). This action creates a legally binding and enforceable agreement between the User and Dukaan Dost. If you already have any other written agreements with Dukaan Dost, the same shall remain intact and won’t be altered in any way by this agreement. You may immediately stop using Dukaan Dost platform if you do not agree to this Agreement (including any referenced policies or guidelines). This Terms and condition are applicable to all those visitors of Dukaan Dost's website as well, to the extent relevant.

If there is a discrepancy between these Terms and the terms posted for or applicable to a particular portion of the Platform or for any particular service made available on or through the Platform, the latter terms shall apply to your use of that particular portion of the Platform or that particular service. Dukaan Dost expressly maintains the right to amend, modify, change, or vary all or any of the terms and conditions, as well as to completely replace or substitute another contest, offer, scheme, or promotion in its place, or to discontinue any contest, offer, scheme, or promotion.

MEMBERSHIP ELIGIBILITY CRITERIA 

You may be subject to additional terms and conditions when using certain services and/or parts or features of the Platform, including but not limited to Services, any other extra services we may from time to time offer, contests, offers, schemes, promotions, or other features of a like nature, all of which terms are to be interpreted as a part of these Terms. Only those users who can lawfully enter into contracts under the Indian Contract Act of 1872 are permitted to use Dukaan Dost. Dukaan Dost is not available to those who are "incompetent to contract" as defined by the Indian Contract Act of 1872, including those with an unsound mind, minors who have not crossed the age of majority, those who cannot get into contract as they are disqualified under the Contract Act, insolvents who have not been discharged. You may not register as a Dukaan Dost user if you are a minor, that is, if you are under the age of 18, and you may not utilise or conduct business on Dukaan Dost. If you are a minor and wish to use or transact on Dukaan Dost, same shall be done by your legal guardian or parents on your behalf. If it comes to Dukaan Dost's attention or if it is determined that you are under the age of 18, Dukaan Dost retains the right to cancel your membership and/or refuse to grant you access to Dukaan Dost. To the extent permitted by applicable laws, the User's acceptance of these Terms of Use constitutes an irrevocable declaration and undertaking by the User that the User is of legal age, that is, at least 18 years old, and capable of entering into a binding contract.

For sake of convenience the term of use are divided into three parts:

• I.  General Terms applicable to all users on the Platform;
• II. Terms applicable to Buyers (“Buyer Terms”); and
• III. Terms applicable to Sellers (“Seller Terms”).

The Sections I and II will apply to your use and access of the Platform and its Services if you (by yourself or through your representatives) intend to make a purchase or have already placed an order on the Platform for commercial purposes ("Buyer").

Sections I and III of this agreement will apply to your use and access of the Platform and its Services if you (by yourself or through your representatives) plan to sell your items to Buyers through the Platform.

I. GENERAL TERMS

1.  EFFECTIVE DATE

The Conditions of Use shall be effective as of 0000 hours on April 1, 2023.

2. APPLICATION AND ACCEPTANCE OF THE TERMS

1. This agreement and Dukaan Dost's other Rules govern your use of the Platform and its services, features, functionality, software, and goods (collectively referred as the "Services" hereinafter)
2. Read the Dukaan Dost Privacy Policy, which governs User data collection, use, and sharing. You consent to the Privacy Policy's use of your personal data.

Application and acceptance of the term 

1.  Registration :  Registration is mandatory for the user to avail the services provided on Dukaan Dost Platform. It will be the sole right of Dukaan Dost to impose or restrict the user with any additional conditions without any prior intimation as it deems fit and appropriate.

2. Your contractual entity for all services you use to access the Platform that may be supported and/or delivered by third party service provider(s) will be that third party service provider(s), as applicable. In the event that any claims are made as a result of your usage of services offered by such a third party service provider, Dukaan Dost expressly disclaims all responsibility (s).

3. User acknowledges and accepts that Dukaan Dost provides services using best efforts and may use third-party service providers. We are not liable for any failure or delay in providing the Services, our temporary or permanent discontinuance of the Services, or other consequences resulting from acts or circumstances beyond our reasonable control.

4. User acknowledges that while exploring, conducting business, using, or uploading data on the Platform, the Services may be interrupted and are offered to you on a "as is" and "as available" basis. 

5. Dukaan Dost may discontinue, end, or suspend all or part of the Services at any time, with or without cause, or if the User violates the Conditions. The termination of all or part of the Services will not affect the User's other business agreements or services with Dukaan Dost. 

User account and its verification 

To use the Services for business purposes, a User must first register on the Platform. You acknowledge and agree that you will only use the Platform to conduct business and not for personal interests. One User may only register one account on the Platform, unless with Dukaan Dost's consent. If Dukaan Dost has cause to believe that a User has concurrently registered or controlled two or more accounts, Dukaan Dost may cancel or terminate the User's account. Moreover, Dukaan Dost reserves the right to deny User's registration request for any reason without providing a reason.

• A single account has one set of user IDs and OTPs (One Time Passwords). Every action conducted on your Platform user account or using the special OTP will be assumed to have your consent. Keeping your user ID, password, and account activity private and secure is your duty. You authorize all acts conducted under your account, including posting company or product information, accepting terms and conditions or rules, signing up for or paying for services, sending emails through the platform, or engaging in other communications.
• You are electronically communicating with Dukaan Dost when you use the Platform. Dukaan Dost may contact you by phone, email, SMS, WhatsApp messages, or messages sent through other messaging services. It may also post notices on the Platform, send in-app notifications, or use any other method of contact. You agree to receive communications from Dukaan Dost regarding your use of the Platform in the way described above, including transactional, promotional, and/or commercial messages. Your continuous use of the Platform will be taken as your agreement and consent to receive any communications from Dukaan Dost. 
• Once the User registers himself or Signs up or places any order on the Platform of “Dukaan Dost” or Signs up for newsletters or places an order, the Company will collect the data as entered by the User. 
• The company may send alerts to the users who have consented to receive such notifications at the time of registration through email, push notifications, text messages, and WhatsApp messages about the offers or services related to “Dukaan Dost” as decided by the sponsors, and advertisers etc. 
• The Company may gather financial information of the users and their KYC documents & other documents if the user choose to avail the credit facility provided on the “Dukaan Dost” platform via Lending Partner.

Collection of personal/ Business/ Sensitive information and data

Personally Information :

When a User uses the Dukaan Dost Platform as intended, the Company may gather information like the Full Name of the user, Address, Gender, Birth-date, Age, mobile number, Email id, bank details, PAN & Aadhar number, username, password and any other information as required. 

Business data : 

The Company will also be obliged to get KYC information from Users if they decide to use the Dukaan Dost Platform to access Credit Services from Partner Lenders. The KYC data shall include the name of the Business, certificate of incorporation, MOA/AOA, PAN card, GST certificate, and MSME Udyam Reg Certificate and Banks Details (Bank Account no, IFSC Code).

Sensitive data :

• If the User chooses to use the "Dukaan Dost" Platform to get credit facility services from Partner Lender, the user will have to disclose their financial information like information related to their income, KYC documents for verification purposes, Debit card and Credit card details other payment details as required. The users can provide the said information voluntarily also. 
• The information provided by the users is transmitted through the secured platform of payment of approved payment gateways complying with the technical standards. The Company shall make efforts to ensure that the data of users are protected. However, Company cannot guarantee the complete security of data over the Internet. 
• The users are strongly recommended to use caution while entering financial information. 

Obligations of User’s :

If you use Dukaan Dost, you are in charge of keeping your account and password secure and are accountable for all activities that take place in or on through your account.

If you fail to protect your password or account, Dukaan Dost won't be held responsible for any loss or damage to anyone. You should take all necessary precautions to keep the password private and confidential. If you have any reason to believe that someone else has hacked your account and have come to know your password or if you believe that your account is hacked and it is being used or likely to be used in an unauthorised manner, please contact us right once at info@dukaandost.com.

You acknowledge that we reserve the right to permanently suspend, terminate, or block access to your membership on Dukaan Dost and refuse to grant you access to Dukaan Dost if you provide any information that is incorrect, not true, not accurate, not complete, or if we have rational grounds to believe that such information is not true, not accurate, outdated information/ obsolete or incomplete, or does not comply with this Terms and conditions.

You also acknowledge and certify that you will : 

1. supply true, current, and comprehensive information whenever needed by Dukaan Dost or as specified in the registration form ("Registration Data").

2. Furnish data about and/or access to your social media handles so that we can utilise those information purely to serve your needs for services.

3. keep the Registration Data up to date, correct and perfect/complete at all times by quickly updating it. We have the right to at any moment verify and corroborate the information and other details you have provided to us. We reserve the right to decline, refuse, repudiate your registration, discontinue or invalidate your membership for an indefinite period of time, and deny you access to Dukaan Dost if you provide any information that is not true, not accurate, obsolete/ incomplete, or out-of-date, or if we have rational reasons to believe that it violates the Terms and conditions (in whole or in part)

4. User acknowledge that user will use Dukaan Dost service’s only for business purpose not for personal use or for own consumptions. 

5. You give Dukaan Dost a perpetual, worldwide, royalty-free, and sublicensable licence to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any way and for any purpose that may be helpful by posting or displaying any information, content, or material (collectively, "User Content") on the Platform or giving any User Content to Dukaan Dost or our representative (s) & Third Party. 

6. User Acknowledge that (a) user will not sell, download, duplicate, distribute, or resell any information, graphics (Include audio and video), text, or listings etc any Platform Content for the purpose of operating a business in direct competition with Dukaan Dost or for any other purpose that is commercially exempt .

7. You agree not to say or do anything that might damage the reputation or standing of Dukaan Dost, its users, or any of its brand names or domain names, including Dukaan Dost, or Dukaan Dost.com, or that might damage or lessen the goodwill attached to any of Dukaan Dost's trademarks, service marks, trade names, or other intellectual property.

8. User must not attempt to gain unauthorised access to any part or feature of the Platform, any other systems or networks linked to the Platform, any server, computer, network, or any of the Services supplied on or through the Platform by hacking, password "mining," or any other illicit methods.

9. User agrees to observe the Platform's legally binding guidelines: 

a) Users cannot host, display, upload, edit, publish, transmit, save, update, or share information that is harmful, defamatory, obscene, invasive of another privacy , harassing/targeting any women or child or any specific community .

b) Users shall not be involve in any activity like money laundering and gambling and any other illegal activities.

c) violates any patent, trademark, copyright, other intellectual rights, or third party rights of publicity or privacy, and it must not be dishonest or include the sale of Duplicate or stolen goods.

10. Unless authorised, users may not probe, scan, or test the platform's or a linked network's vulnerability or break security or authentication protocols.

11. User agrees to hold Dukaan Dost, its affiliates, directors, employees, agents, and representatives harmless from any and all losses, claims, and liabilities that may result from or are related to platform content and user content or violation of any Indian laws.

12. SUSPENSION of account :

Dukaan Dost retains the right to delist, deactivate, or suspend a User's account in such circumstances, with or without notifying the User, if the User becomes inactive or if the company notices no transaction.

• Regardless of anything stated in these Terms, Dukaan Dost reserves the right to suspend, reduce the visibility of product listings, de-activate, or de-list any product listings or User's account for any reason, including without limitation, financial limitations, operational challenges, financial ramifications, usage patterns of the User on the Platform, performance of the User on the Platform, etc.
• In the investigation of any alleged criminal or civil wrongdoing and/or any third parties alleging a claim against you, Dukaan Dost reserves the right to work closely with judicial authorities, private investigators, and hurt third parties. In addition, Dukaan Dost reserves the right to reveal the User's identity and contact details upon request from any third party, government agency, law enforcement official, harmed party, or in response to a subpoena or other legal process.

BUYER AND SELLER TRANSACTIONS : 

• Dukaan Dost is only a aggregator and is not and cannot be a party to or control in any way any advertisement, exhibition, making available, offer to buy, or transaction of sale or purchase on the Platform.
• When a Seller lists a product for sale on the Platform, the terms of the bipartite contract that Seller and Buyer directly engage into will govern the sale of that product to the Buyer. Buyer acknowledges that Dukaan Dost is unable to verify each Seller's claimed identity and does not do so. Dukaan Dost advises buyers to use caution and restraint when interacting with different sellers.
• Dukaan Dost does not represent either the Seller or the Buyer in any Services-related transactions. The products or services offered for sale on the Platform are not under the control of Dukaan Dost, and neither is it liable for or responsible for their quality, safety, suitability, legality, or availability, nor for the ability of either the seller or the buyer to complete a transaction. The sale or purchase of any products on the Platform is not supported or endorsed by Dukaan Dost, either implicitly or expressly.
• A right, title, or interest in any goods sold or shown on the platform will never become Dukaan Dost's property, and Dukaan Dost will never be liable for any transactions made on the platform.
• Each User agrees that they are completely taking all risks associated with using the Platform and Services, including the risks of performing any purchase and sell transactions (hereinafter referred to as "Transaction Risk") and the risks of responsibility or injury of any type associated with any follow-up activity involving goods or services that are the subject of transactions utilising the Platform. When engaging in any transactions through the Platform, User agrees and recognises that it is doing so at its own risk and using its best and most cautious judgement.
• Dukaan Dost hereby expressly disclaims any and all responsibility and liability in that regard and agrees that it shall not be held liable or responsible for any actions or inactions of the User or for any breach of the terms, representations, or warranties of the products. No dispute or disagreement between the buyer and the product seller, or any other third party providing services to you, shall be mediated by or resolved by Dukaan Dost.
• Any User agrees to release and hold harmless Dukaan Dost (and our agents, affiliates, directors, officers, and employees) from any claims, demands, actions, proceedings, costs, expenses, and damages (including, without limitation, any actual, special, incidental, or consequential damages) arising out of or related to any transaction. This section also applies to any services selected by the User through links on the Dukaan Dost website that are separate services linked to buy-sell transactions made on the Platform by any third party.
• We are merely serving as a mediator between the Buyer and the Seller, and we make no warranties about the information, content, products included on, delivery of the products, or anything else made available to User. The User hereby also accepts, acknowledges, and affirms that we are not responsible in any way for the products acquired by the Buyer from the Seller and that we will not, under any circumstances, be held accountable for such products and/or in relation to any issue and/or disagreement therewith. By signing this agreement, the User also acknowledges, agrees, and confirms that in the aforementioned circumstances, the Buyer's only remedy is against the Seller, and we undertake not to become involved in any issue or disagreement between the Seller and the Buyer.
• The User(s) shall be solely responsible for securing all necessary third-party licences and permissions (if any are required by applicable law) regarding the right and authority (if any are required by applicable laws) to re-sell, trade, re-distribute, export, or offer to sell, trade, or offer to re-export the products or services, provided that such sale, trade, distribution, export, or offer does not contravene any applicable laws.

RESTRICTIONS ON LIABILITY AND INDEMNITY

• Restrictions on Liability
• Even if the User has been warned in advance of the possibility of such damages, Dukaan Dost will never be liable for any special, incidental, indirect, or consequential damages of any kind in connection with these Terms of Use.
• The user agree hereby agrees that in case any loss/ claim, demand or actions, lawsuits made by third party or if any penalty imposed due to breach of the terms and conditions, any violation of applicable laws, rules, regulation or rights of the third party, the User shall indemnify/ defend, hold harmless Dukaan Dost and/or any of its officers, directors, agents, employees, and representatives from any claim or demand, or actions, lawsuit including reasonable attorney's fees.
• You further agree to waive any claim/ demand that may arise under any statute, contract, or other legal basis and expressly release Dukaan Dost and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions or inactions of the third party.
• The Services offered by Dukaan Dost on or through the Platform are given "as is," "as available," and "with all faults" to the fullest extent permitted by law, and Dukaan Dost expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such claims, warranties, terms, and undertakings are hereby disclaimed.
• Dukaan Dost does not represent or warrant that the creation, importation, export, distribution, offer, display, offer for sale, purchase, sale, and/or use of any products or services offered or displayed on the platform does not infringe upon the rights of any third party. Dukaan Dost disclaims all representations and warranties, to the fullest extent permitted by law, regarding the validity, accuracy, correctness, reliability, quality, stability, completeness, or accurateness of any information provided on or through the Platform. The overall liability of Dukaan Dost for any claims that may arise in connection with these terms shall not, except as stipulated below, exceed INR 1000/- to the fullest extent permitted by relevant law.
• Even if Dukaan Dost has been informed of the possibility of such damages, Dukaan Dost will never be liable for any consequential, incidental, special, exemplary, or punitive damages, including but not limited to any lost profits that arise from your purchase of any products on the platform or your use of any services.

FORCE MAJEURE

Dukaan Dost shall not be held liable for any failure in performance of any obligation, any losses, delay or failure to perform, disruption of data or serviced delivered through Dukaan Dost due to causes beyond reasonable control (including and not limited to any pandemic, fire, strike, act, or order of public authority and other acts of God) during the pendency of such event. 

Intellectual Property Rights

Dukaan Dost's data, information, content, and compilation are our sole property and are protected by the relevant Indian and international laws relating to intellectual property laws. Without our express written consent, no one as well as is allowed to use, copy, transmit, reproduce, publish, edit, or distribute any of the website's contents.

No one may construct or publish their own database that contains significant (e.g., prices and product listings) portions of Dukaan Dost's contents without Dukaan Dost's prior written approval.

• All of the rights and interests in the Platform and the Platform Content are solely owned by Dukaan Dost or are legally licenced to Dukaan Dost. The Platform and Platform Content's licensors or Dukaan Dost, as the case may be, shall retain all title, ownership, and intellectual property rights therein. The Terms and Dukaan Dost hereby reserve all rights not expressly granted in the Terms or by Dukaan Dost.
• "Dukaan Dost" and any further associated icons and logos are registered trademarks of Arknine Technologies Private Limited, which are safeguarded by relevant copyright, trademark, and other proprietary rights regulations. It is completely forbidden to copy, modify, use, or publish these marks without authorization.
• The Platform User(s) may be given written permission by Dukaan Dost, at its sole discretion, to use "Dukaan Dost" and any other associated icons and logos for illustrative reasons, in the manner and form that Dukaan Dost may decide upon.
• Since Dukaan Dost is just acting as an intermediary for the purposes of these Conditions, it has no control over any third-party user-generated content that is available or accessible on the Platform, including all text, images, pictures, trademarks, logos, and artwork.
• You are solely responsible for any content or information that is posted or transmitted on the Platform, and you agree to hold Dukaan Dost harmless from any claims or liabilities related to any such content or information. Any content or information, including but not limited to images, text, and videos posted or transmitted on the Platform, must be licenced to Dukaan Dost by the User who uploaded it. Dukaan Dost will then have the right to use that content or information on the Platform and for any other purposes Dukaan Dost deems appropriate. For any use of the content by Dukaan Dost, you are not entitled to any remuneration or compensation.

Claim of Intellectual Property

Dukaan Dost respects other people's intellectual property right. Write us on info@dukaandost.com if you believe that the use of your intellectual property rights has given rise to concerns about infringement. If necessary, we will consider how to handle your worries and take the appropriate action.

NOTICES

Any legal notice that is required shall be in writing and sent to Dukaan Dost through personal delivery on address: Attn Legal Department --------------or on mail us on  info@dukaandost.com The notices shall be effective on the date when they are received by Dukaan Dost in any of the above-mentioned manner.

ADDITIONAL PROVISIONS

• The Terms (including the portions that may apply to the Seller or Buyer) are the complete agreement between User and Dukaan Dost and govern User's use of the Platform and any Services, unless Dukaan Dost notifies you otherwise. All earlier written or oral agreements that you may have made about the use of the Platform and any Services are superseded by the Terms.
• With effect from 0:00 am on April1st, 2023 ("Cut-Off Date"), we will, unless otherwise specified, be your one-stop shop for all services (except credit) on the Platform, and any new transactions on the Platform shall be governed by these Conditions. It is made clear that any transaction you make on the Platform prior to the Cut-Off Date will be governed by the agreements you have in place with the relevant parties (i.e., third party service providers) at that time. You may access the previous terms of use here.
• No agency, partnership, joint venture, or employee-employer relationship is intended or created by the Terms; Dukaan Dost and User are independent contractors. Nothing in these Terms will be interpreted to (a) grant either party the right to direct and control the day-to-day operations of the other, (b) constitute the parties as partners, joint venturers, co-owners, or otherwise as participants in a joint or common undertaking, or (c) authorise you to create or assume any obligation on our behalf for any reason at all. Instead, the relationship between you and us is one of independent contractors.
• If any clause in the Terms is determined to be invalid or unenforceable, the remaining clauses will continue to be legal and enforceable.
• It is not a waiver of that right or of Dukaan Dost's right to act in response to subsequent or similar breaches if Dukaan Dost fails to enforce a right or fails to respond to a breach by User under the Terms.
• The Terms (together with all of our rights, titles, benefits, interests, responsibilities, and duties under the Terms) may be assigned by Dukaan Dost to any person or entity (including any affiliates of Dukaan Dost). The Terms may not be fully or partially assigned by User to any person or third party.
• The parties to the Terms agree to submit to the sole jurisdiction of the courts located in Mumbai, India, and that the Terms shall be governed by Indian law.

Communications

You are aware that you are doing correspondence with Dukaan Dost through electronic mode via Emails or by writing to us, by sending us your Data, information or by writing to us. Also you have agreed to receive responses through electronic mode whenever required from time to time. 

As all the correspondence are through electronic mode it is very necessary for you to provide Dukaan Dost with valid Email Id, Phone number at the time of placing orders. Dukaan Dost will contact you via Email, SMS, Calls, by posting notices on our websites, you have consented to receive these communications (whether promotional or transactional) from us with respect to the use of the websites and / or the orders placed by you notwithstanding anything otherwise in this Agreement and subject to relevant laws. You duly acknowledge that, to the extent required by applicable law, all agreements, notices, disclosures, and other communications that we communicate to you electronically satisfy that requirement.

Grievances against Objectionable Content

You can report your grievance against the content on Dukaan Dost that you find to be unlawful, objectionable (including, but not limited to, material with sexual content or that encourages racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging; or otherwise harmful to third parties; or Please contact us right once at info@dukaandost.com if you come across any content that endangers India's unity, integrity, security, or sovereignty, is disagreeable or otherwise unlawful in any way, or is composed of or contains software viruses. We shall make a necessary effort to see that the said objectionable content that has been reported is examined and removed (if necessary) in a timely manner.

Privacy 

You are requested to go through the privacy policies before using. If you disagree or have any objections, kindly do not use it. 

Dukaan Dost Responsibility

Dukaan Dost will not use or disclose the aforementioned information to any third parties unless necessary for fraud verifications or as required by law, regulation, or court order.

User Responsibility

The User is deemed to have given Dukaan Dost express or implicit permission to use, disclose, analyse, display, or transmit all information necessary for Dukaan Dost by signing onto the service. The User represents and warrants that all the information he or she provides is true, correct, and complete, and in the event that any of that information is found to be false, not accurate, or incomplete, Dukaan Dost shall have the right to take any legal action it deems necessary in light of the specific facts and without limitation.

You acknowledge, agree, and certify that the financial information you supply to Dukaan Dost in order to avail its services will be true, correct and accurate, and that you will not use any financial payment method that is not legally yours or falls beyond the boundaries of Indian law. Therefore, in accordance with Indian law, you may not pay for Services or attempt to do so using false financial information or an illegal payment method. Additionally, you pledge to give Dukaan Dost the accurate, correct and true information.

Any type of financial fraud will not be the responsibility of Dukaan Dost. You will be responsible for using a financial payment method, and it will be your responsibility to "show otherwise."

Covenants, warranties and Representations

Through hacking, phishing, password mining, or any other method (whether currently known or hereafter developed or created), you shall not attempt to gain unauthorised access to Dukaan Dost, other users' accounts, computer systems, networks, or other resources that are connected to Dukaan Dost. You shall also refrain from obtaining any materials or information through any method that is not specifically made available to Users.                

You agree and confirm that you have understood that you shall be solely responsible that the Registration Data provided are complete, and you also agree not to upload, publish, host, display, change, transmit, update, or share any information that:

• belongs to third party and you have no right on it 
• is egregiously damaging, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libellous, invading another person's privacy, hateful, or racially or ethnically unpleasant, insulting, connected to or encouraging money laundering or gambling, or otherwise unlawful in any way;
• causes physical injury to minors in any way; 
• infringes/ violates any Intellectual property rights, or other proprietary rights of a person anywhere in the world; 
• breaks any legislation now in effect; 
• deceives the recipient about the origin of such messages or conveys any information that is blatantly offensive or ominous in nature; and 
• adopts a false identity.
• has computer code, files, or programmes that are viruses or otherwise intended to obstruct, damage, or restrict the functionality of any computer resource;
• poses a threat to India's unity, integrity, defence, security, or sovereignty, cordial relations with other nations, or public order, or encourages the commission of any crime that is punishable by law, obstructs the investigation of any crime, or denigrates any other country;
• makes Dukaan Dost liable or makes Dukaan Dost lose (completely or partially) the services of Dukaan Dost's ISPs or other service providers;
• is political campaigning, unwelcome or unauthorised advertising, promotional and/or commercial solicitation, chain letters, pyramid schemes, mass mailings, and/or any other type of solicitation; or (XII) is unlawful in any other way.

The Users are aware of this and accepts that the Dukaan Dost team may choose to change or remove such details at any time.

Unless we inform you in writing, or you have posted content or submitted material on Dukaan Dost. It will be deemed that you have granted Dukaan Dost:

• right to use the name that you submit in connection with such content if you choose to do so and 
• Grant Dukaan Dost the non-exclusive, royalty-free, perpetual, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the globe in any media.
• Acknowledge that the aforementioned rights you give are unconditional for the duration of the protection of your intellectual property rights in connection with the aforementioned content and material. You consent to giving up your right to object to any use or disparaging treatment of the content, as well as your right to be acknowledged as the author of such content. You consent to carry out all additional tasks required to fully realise any of the aforementioned rights you have granted to Dukaan Dost.
• The users warrants and represents that the contents posted by you or material submitted to Dukaan Dost on or through Dukaan Dost are exclusively under your control and you have sole right on the said contention.
  • The material and content are correct, true and accurate; 
  • The material/ contents provided by you are not defamatory in any manner against any policies of Dukaan Dost or their rules, guidelines and will not harm Dukaan Dost or anyone else or any other entity. 
  • the use of the content and material supplied by you does not violate any applicable Dukaan Dost policies or any guidelines herein and will not harm any person or entity (including that of Dukaan Dost); and that you have the right to
  • The information provided is legitimate and does not break any rules that may be in force.

You also consent to hold Dukaan Dost harmless for all claims made against Dukaan Dost by third parties that stem from or are related to a breach of any of the aforementioned representations and warranties.

Waiver

In no event shall Dukaan Dost's failure or delay in exercising or enforcing any right, remedy, power, or privilege granted hereunder, nor the course of dealing between the parties, constitute a waiver of such right, remedy, power, or privilege or of the exercise of any other right, remedy, power, or privilege. No provision of these Terms of Use shall be deemed waived, and no breach shall be deemed consented to, unless such waiver or consent is in writing and is signed by the party alleging it. Any rights waived or breaches consented to without further notice shall not constitute a waiver of any other rights or consent to subsequent breaches.

Disclaimers

General

You agree to use your best and most cautious judgement before engaging in any transactions through the Dukaan Dost Platform, and understand and agree that you are browsing and using the Services provided by Dukaan Dost on the mobile application and website (collectively, "Dukaan Dost Platform") at your own risk. We clearly disclaim all duty and liability in this regard and agree that we shall not be held liable or responsible for any actions or inactions on the part of sellers or for any breach of terms, representations, or warranties made by sellers or product makers. Any problem or disagreement between you and the product sellers or manufacturers is not something we will mediate or settle.

Zero guarantees

In regards to the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed, displayed, or transacted, or the content (including product or pricing information and/or specifications) on the Dukaan Dost Platform, we expressly disclaim any warranties or representations (express or implied). While every effort has been made to ensure that the material of the Dukaan Dost Platform is accurate, all information, software, products, services, and related graphics are supplied "as is" and without warranty of any kind.

Without limiting the breadth of the aforementioned sentence, we do not guarantee that:

• The Dukaan Dost Platform will either always be accessible, or it won't be unavailable at all; or 
• the data on the Dukaan Dost Platform is exhaustive, accurate, true, or not deceptive.
• There is nothing that represents advice of any type on the Dukaan Dost Platform or that is intended to do so. Although we make every effort to ensure that the information on the Dukaan Dost Platform is correct and reliable, we do not guarantee its accuracy, correctness, reliability, or anything else related to it. We also disclaim all liability and responsibility for any errors or omissions in the information on the Dukaan Dost Platform. The information and contents on the Dukaan Dost Platform are exclusively for general informational purposes and are subject to change without notice. They should not be used as the basis for making important business or financial decisions.
• Despite our best attempts to deliver truthful details on the Dukaan Dost Platform
• the accuracy of all the information presented here cannot be guaranteed. Any inadvertent errors or inaccuracies with regard to the description of any goods are not our responsibility. The Dukaan Dost Platform, any links or linkages given on the Dukaan Dost Platform, or any damage, error, injury, or loss resulting to any person or User as a result of usage or inability to utilise them, shall not be held responsible by us. Any visitor using a link or hyperlink does so at his or her own risk, and we disclaim all responsibility for any harm that may result. We advise users to review the terms and conditions of that link (s).
• The Dukaan Dost Platform's contents, designs, materials, and other offerings might be covered by copyright legislation. The materials on the Dukaan Dost Platform may not be altered in any other manner, including through reproduction, modification, distribution, or public display, unless given our or the applicable copyright owner's permission (s).

EXCLUSIONS FROM LIABILITY

In respect to the contents of, or use of, this Dukaan Dost Platform, or in any other way connected thereto, we shall not be liable to you (whether under the law of contracts, the law of torts, or otherwise):

• for any direct loss, to the degree that the Dukaan Dost Platform is offered without charge;
• for any indirect, special, or consequential loss; 
• for any business losses, loss of revenue, income, profits, or anticipated savings; 
• for any errors in or omissions on this Dukaan Dost Platform and the content therein, including but not limited to technical inaccuracies and typographical errors; 
• for any third-party websites or content; and 
• for any links to other websites or content.

Even if we have been specifically informed of the potential loss, these limitations of liability nevertheless apply.

JURISDICTION AND GOVERNING LAW

The laws of India (hereafter referred to as "applicable laws" or "laws") shall govern these terms of use and be followed in their interpretation.

If any legal action stems from or is related to these Terms of Use, only Mumbai, India's courts will have jurisdiction.

Reach out to us on

If you have any questions or comments, please email us at info@dukaandost.com or call our customer service line at ___________.

Grievance officer name 

Email

Address 

Service Modification or Conditional Amendments

Dukaan Dost reserves all their rights to alter/ modify their rules, Terms and conditions whenever they feels necessary. The Users are bound by the policies and Terms and conditions as on date if they use Dukaan Dost. 

Any term that is found to be void, illegal, or deemed to be invalid or for any other reason unenforceable in whole or part, shall be deemed severable and shall not affect the validity and enforceability of any other term contained in these Terms and Conditions.

II. TERMS OF BUYER

• Only Buyer shall be subject to the restrictions of this Section II (s). In case of a discrepancy between the General Terms and these Buyer Terms, the terms of the Buyer Terms shall take precedence and be interpreted in combination with the General Terms.

DEFINITIONS

• The following words shall have the following meaning for the purposes of this Section:
• The "Buyer" as stated in the General Terms shall apply. For the sake of convenience, the Buyer has also been referred to as "you" and "your" throughout this section.
• A person who accepts delivery of a shipment is referred to as the "Consignee" if they are the buyer, another person listed on the delivery note, or one of their agents.
• The term "Dangerous Products" refers to goods that are or could become poisonous, toxic, combustible, radioactive, or otherwise harmful, as well as goods that could contaminate or affect other goods and goods that could contain or attract pests.
• "Delivery Note" refers to the waybill that includes the crucial details (as determined by us in our sole discretion) needed for the fulfilment of the logistics services, such as the buyer's name, delivery address, and contact information (if applicable) for the designated recipient of the shipment, a description of the shipment's contents (if applicable), and COD information (if applicable).
• According to these Buyer Terms, "Logistics Services" refers to the shipping, delivery, including cash on delivery ("COD"), and any related services we offer to you.
• "Order(s)" refers to requests made by the Buyer to the Seller through the Platform to purchase Goods.
• "Order Detail(s)" refers to information about the Order, such as the Products' description, information about the Seller and the Buyer, the date the order was placed, the total amount the Buyer owes, the date of delivery, the method of payment, the specific order number (AWB number), etc.
• "Product(s)" refers to items of all types (other than Dangerous Goods).
• All Goods (excluding documentation) that are transported under a single Delivery Note are referred to as "Shipment(s) / Consignment(s)" and may be sent by any method we deem appropriate, including air, ground, or any other carrier.

RESPONSIBILITIES, REPRESENTATIONS, AND WARRANTIES OF THE BUYER

=>   You affirm, guarantee, and concur that:

• You are an organisation that has been duly incorporated, and you have the capacity and competence necessary to understand and accept the Conditions;
• You shall only use the Platform and Services for business-related reasons; you have full capacity and authority to accept the Terms, issue the licence and authorization (if necessary), and to carry out your duties hereunder.
• You won't access or utilise the Platform for personal use, and any products you buy must be used for business and not for personal use;
• the business location of your company entity is the address you enter when creating an account on the Platform;
• Your company has been legally formed or founded in accordance with all relevant legislation;
• You must abide by all legal requirements when using and accessing the Platform;
• You adhere to applicable laws, as do any products or services you supply on the platform;
• In relation to any User Content that you submit, upload, or display, you are solely responsible for obtaining all applicable third party licences and permissions (if any are necessary);
• The copyright, patent, trademark, trade name, trade secrets, or any other personal or property rights of any third party are not infringed upon or violated by any User Content that the Buyer submits, posts, or otherwise makes available.

=>   As part of the registration process on the Platform, your use of any Service, or the Buyer account, Buyer will be required to give information or material regarding Buyer's entity, its company, services, or goods; from time to time, Dukaan Dost may also demand the provision of such information. Buyer affirms, guarantees, and accepts as true:

• Whether provided during the registration process or thereafter when using the Platform or any Services, such information and content is truthful, accurate, current, and comprehensive; and
• To keep all information and material genuine, accurate, current, and comprehensive, buyer will uphold and swiftly amend it.

=>  To continue using and accessing the Platform and making use of the Services, Buyer might need to promptly provide any additional documents or information that Dukaan Dost requests. In the event the Buyer fails to deliver such additional papers and information immediately, Dukaan Dost reserves the right to take the relevant actions outlined in General Terms Article 7 (Breaches and Suspension).

=>    Buyer agrees that Dukaan Dost may save and use his or her contact information in accordance with Dukaan Dost's privacy policy.

BUYERS' PAYMENTS

• When placing an order on the platform, the buyer has the option of paying for the purchased goods using any of the payment methods we may occasionally make available on the platform. However, it is important to note and is accordingly made clear that we or the third party hired by us for the same shall only operate in a fiduciary capacity if the Buyer chooses to make payments through any such mode made accessible by us or any third party engaged by us for this reason.
• We reserve the right to request that the buyer pay a token amount equal to a specific portion of the cost of the product(s) acquired from the seller at the time the order is placed to purchase them from the seller on the platform (the "Token Amount"). In no case shall this Token Amount payable by the Buyer be greater than the transaction amount for an Order. We shall hold the Token Amount in trust and it shall not bear interest.
• This Token Amount will be changed based on the Buyer's payment for the delivered order. If the buyer cancels the purchase after it has been listed as "ready to ship" or as an undelivered shipment as defined by the seller's undelivered shipment policy, we may, in our sole discretion, either:
  • Refund the remaining Token Amount to the Buyer after deducting a "Cancellation Penalty Charge";OR 
  • the token amount shall be forfeited as cancellation penalty;

You agree that our judgement in this matter will be final and binding. You can decide not to conduct business on the Platform if you disagree with the aforementioned. It will be assumed that you have agreed to and accepted the terms above if you proceed to conduct transactions on the Platform.

• Buyer accepts that all transactions and payments made by Buyer for the Goods purchased from Seller are exclusively its responsibility. Buyer understands and agrees that we are only serving as a payment collector and do not bear any liability for any payment transaction between the Buyer and the Seller. We are under no duty, obligation, or liability to examine any transactions that the Buyer has authenticated and/or authorised, or to examine its payment instructions.
• If the buyer decides to pay the seller with post-dated checks (if applicable), the buyer is responsible for making sure the checks are properly filled out and are made payable to the seller. If such post-dated checks are returned by the Seller due to incorrect information, including but not limited to incorrect amount or incorrect date listed on the check, or for any other reason, in such cases, the Buyer shall, upon our request, replace such post-dated checks with duly filled new post-dated cheques or make the payment in such other mode as may be communicated to the Buyer, at the discretion of the Seller and/or Dukaan Dost.
• It is further made clear that the Seller reserves the right to take legal action against the Buyer if, upon our request, the Buyer fails to replace the post-dated checks with properly filled fresh post-dated checks or fails to make the payment on time. Additionally, Dukaan Dost reserves the right, without prior notice to the User and at its sole discretion, to take any action, including but not limited to suspending or terminating the User's account and any and all accounts found to be related to such account. The Buyer is obligated to hold Dukaan Dost harmless from any and all litigation, claims, disputes, or other actions that may be taken against Dukaan Dost as a result of such failure.
• Buyer understands and accepts that we are just operating in a fiduciary capacity, as a payment collector, and that we are not responsible for the legality of any post-dated checks. We reserve the right to impose an administrative fee for the collection of post-dated checks in our capacity as a payment collector. Taxes that are applicable will be applied to this fee.
• Also, we retain the right to stop offering the post-dated check collecting service at any time, for any reason, and without warning.
• In accordance with the settlement procedure outlined in the Seller Conditions, we shall transmit the payments for the Orders the Buyer has placed. In this regard, you hereby consent to be bound by the applicable Seller Conditions, and you also agree not to object to the way Dukaan Dost settles disputes.
• With respect to making payments on the Platform, you hereby give your consent and agreement to abide by any rules, guidelines, instructions, requests, etc. that may be issued by us, other banks or financial institutions, as applicable, or a payment system provider from time to time.
• Buyer hereby acknowledges and agrees that we shall not be liable for any transaction undertaken on the Platform that fails for any reason, including but not limited to non-performance, omission, or commission on the part of the Seller, inadequate service and/or products delivered, and technical errors on the Platform. You further understand that we will not be liable in any way for any losses you might suffer as a result of a failed or abandoned transaction you attempted to complete on the platform.
• In the event of a chargeback event, we retain the right to defer payments to the seller while the banks or other regulatory bodies investigate the situation and until the problems are resolved.
• In accordance with the applicable tax legislation, the buyer must abide by all rules and laws pertaining to cash transactions.
• The Return Shipments Policy and Undelivered Shipments Policy will apply to any refunds. The same way they are received, refunds must be processed in the same way. Depending on the policies of the individual banks, the refund amount will appear in the buyer's bank account.
• You agree and authorise us to remit and settle any collected payments (after deducting our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of any third party service provider from whom you obtain services using the Platform upon receipt of instructions from such third party service provider within the timeframes specified in the settlement process of Seller Terms. You agree and accept that we won't need a separate authorization from you in order to collect and pay the third-party service provider.

SERVICES IN LOGISTICS

• To supply you with the Logistics Services, we retain the right to use third-party service providers. It is accordingly made clear that such third party shall operate in a fiduciary capacity only for the purpose of collecting payment from you insofar as payment collection is concerned.
• When we receive your request for Logistics Services, we will pick up the shipment from the seller's chosen location and transport it to the place you specify. You acknowledge that once the shipment is picked up by us, title and risk in it pass to you.
• We will utilise our best efforts to deliver the Shipment(s) to the Consignee to the delivery address and specified recipient in the Delivery Notice after receiving the Shipment from the Seller. To be clear, the intended receiver may not necessarily be the Buyer. At the given delivery address, we won't check the identity of the person accepting the shipment, but we will get the recipient's signature on the Delivery Note. The Buyer expressly authorises us to contact the Buyer at any time for transactional purposes, including but not limited to order confirmations and/or completing the Order, via phone, SMS, or any other form of communications (for example, WhatsApp) (s).
• If the buyer selects the "cash on delivery" option while placing the order, we will collect the appropriate sum when the products are delivered to the consignee. When the buyer selects the cash on delivery option or prepays the amount against the order, the money is collected at the time of delivery of the shipment and must be settled and sent to the seller in accordance with the settlement procedure outlined in the seller terms.
• More specifically, it is made clear that if such payments are collected by a third-party service provider, such provider will operate in a fiduciary position solely for the purpose of collecting money from you.
• We will not accept for delivery any shipment that contains dangerous items or that is specifically forbidden by the railway/airport authority, any other transport agency, the government, or any other applicable law or regulation.
• We will not deliver packages that are addressed to post box numbers or that have incomplete addresses, and we will refuse them.
• In the event of any discrepancy, we have the right to weigh and measure the shipment at our own weighing facilities and impose additional fees. You hereby permit us to calculate the accurate weight on your behalf. Any judgement by us about any error in the information or discrepancy in weight shall be final.
• Any loss resulting from the seizure of shipments by any government authorities owing to improper documentation or false information given to us shall not be our responsibility.
• Consignees are expected to act appropriately around Dukaan Dost's pickup and delivery staff. Any improper conduct, dishonest behaviour, or verbal or physical abuse is forbidden and will be viewed as a breach of these Terms. In the event that Dukaan Dost determines that a Buyer is in violation of this provision, Dukaan Dost retains the right to suspend your usage of or access to the Platform.
• Shipments must be accepted "as is," and unless otherwise agreed, we are not obligated to examine the shipment's contents. To check for compliance with these Terms, we may, at any time and without giving you prior notice, inspect the contents of the Shipment at our sole discretion.
• For any shipment, we don't offer an open box delivery option.
• Although every attempt will be made to keep to the delivery date, there is always a chance that the shipment could be delayed if something happens that is out of our reasonable control or because of a force majeure occurrence.
• We may place the Shipment or any portion of it at any location we deem safe and convenient if, in our reasonable opinion, doing so will result in or is likely to result in an obstacle, risk, delay, difficulty, or disadvantage of any kind that cannot be avoided by our reasonable efforts. This option is available to us both with and without prior written notice to you. Any additional fees for transportation to, delivery to, and storage at that location, as well as any other costs incurred by us in this respect, may be charged at our sole discretion; these additional prices will be listed on the Platform.
• If you use the Seller's direct shipping and delivery services, you acknowledge that these services will be governed by a separate agreement between you and the Seller. You acknowledge that we are not responsible for the Seller's failure to provide adequate shipping and delivery services, and we expressly disclaim any such responsibility.

NON-DELIVERABLE SHIPPING

You acknowledge that there could be a number of delivery failures, as detailed in the Undelivered Shipment Policy. You consent to being governed by the terms of the Undelivered Shipment Policy, which can be viewed here, with regard to the Undelivered Shipments (as defined under the Undelivered Shipment Policy).

RETURNS : 

You agree to be bound by the terms of the Return Shipments Policy, which can be viewed here.

LIEN

In the event that you fail to pay us any sums of any kind that are owed to us, including, without limitation and/or all expenses incurred for the benefit or protection of the Shipments, as well as for any payments, duties, or taxes, we shall have a general and particular lien on the goods and other contents of Shipments and all documents relating thereto. In the event that any sum owed and payable by you to us is unpaid, we may, in our sole discretion, and without notice, suspend or discontinue providing all or a portion of the Logistics Services without incurring any liability to you or any third party. We may also, in our sole discretion, sell the Shipments in the manner we may deem appropriate. Following the sale of the Shipments, we have the right to claim any deficiency.

FEES AND CHARGES

• Unless otherwise noted, any fees charged by us to the buyer for our logistics services are exclusive of any applicable sales taxes. The fees that must be paid in order to use the Logistics Services are listed in the Platform's Rate Card section and may occasionally change at our discretion without prior notice. Buyer should be responsible for performing routine checks on such charges. In the event that the Buyer keeps using our logistics services, it will be assumed that he or she is in agreement with the price modification.
• All additional taxes, tariffs, or levies assessed upon entrance, as well as any other fees assessed by any federal, state, or local authorities, wherever applicable, shall be the responsibility of the buyer.
• According to current applicable laws, the costs will be subject to appropriate taxes. Where required by applicable legislation, the buyer shall deduct income tax as appropriate from the amounts payable to Dukaan Dost, unless Dukaan Dost presents a nil/reduced withholding certificate. By supplying a proper and timely certificate of withholding as required by the relevant law, the buyer must remit the withholding taxes to the appropriate tax authorities and allow Dukaan Dost to claim a tax credit.
• Dukaan Dost will impose additional fees for any additional services that the Buyer uses and accepts from Dukaan Dost. To provide these extra services to the Buyer, Dukaan Dost may engage into a new bilateral contract with the Buyer. If the buyer delays paying any debts owed to Dukaan Dost, Dukaan Dost reserves the right to impose penalties or late payment fees.

RESTRICTIONS ON LIABILITY AND INDEMNITY

We will not be held responsible for any claims resulting from any of the following: (a) your actions or inactions; (b) following your instructions or those of anyone acting on your behalf; (c) a government authority's act or order; (d) inadequate packing or labelling of the shipment; (e) the nature, description, or contents of the shipment; (f) any force majeure event; (g) any cause that we could not foresee and the results of which we could not foresee

PROGRAM FOR CUSTOMER ACQUISITION

In order to support its consumers in areas where it cannot provide some additional benefits, Dukaan Dost is operating a programme for buyers called the "Customer Acquisition Program" ("Customer Acquisition Program"). All buyers who are interested in taking part in this programme to acquire customers should get in touch with the relevant field executives. The qualification to the terms and conditions provided by Dukaan Dost in this regard from time to time shall be the foundation for the selection of Buyers for the Customer Acquisition Program.

=> TERMS OF SELLING

The only person to whom the provisions of this Section III apply are Sellers (s). These Seller Terms must be read in conjunction with the General Terms, and in the event of a discrepancy between the two, the Seller Terms' provisions shall take precedence and take precedence.

DEFINITIONS

The following terms shall have the following meaning for the purposes of this Section:

• The term "Dangerous Products" refers to goods that are or could become poisonous, toxic, combustible, radioactive, or otherwise harmful, as well as goods that could contaminate or affect other goods and goods that could contain or attract pests.
• "Delivery Note" refers to the waybill that includes the crucial details (as determined by us in our sole discretion) needed for the fulfilment of the logistics services, such as the buyer's name, delivery address, and contact information (if applicable) for the designated recipient of the shipment, a description of the shipment's contents (if applicable), and COD information (if applicable).
• "Order(s)" refers to requests made by the Buyer to the Seller through the Platform to purchase Goods.
• "Payment and Settlement Services" refers to Dukaan Dost's remittance and settlement of any and all funds received from the Buyer or any third party paying on the Buyer's behalf in connection with an order placed by a Buyer on the Platform, to the designated bank accounts of the Seller or any third party upon receipt of instructions from the Seller.
• "Product(s)" refers to items of all types (other than Dangerous Goods).
• "Sales and Distribution Support Services" or "S&D Services" refers to all services that Dukaan Dost may offer to assist the supply chain, including Standard Platform Services, Payment and Settlement Services, Standard Warehousing Services, products handling services, and other related services.
• The definition of "Seller" as stated in the General Terms shall apply. For simplicity of reference, the Seller has also been referred to as "you" and "your" throughout this section.
• Any goods (excluding documentation) transported under a single Delivery Note are referred to as "Shipment(s) / Consignment(s)" and may be transported by any method we deem appropriate, including air, ground, or any other carrier.
• "Standard Platform Services" refers to the use and access of the Platform by the Seller in accordance with these Seller Terms and the General Terms, which may include but is not limited to the creation, presentation, and updating of product listings as well as any subsequent sales transaction between the Seller and the Buyer.
• The following are included in the definition of "Standard Warehousing Services": (a) planning for the storage of Products of the Seller; (b) handling Products of the Seller at warehouse(s); (c) tertiary packaging of the Products for ease of handling, transportation, and temporary storage of the Products to be shipped to Buyer; (d) handling the administrative task of printing invoices for the Seller; (d) other ancillary services as may be mutually agreed upon between the parties.
• The term "TPID" refers to the tamper-proof identifier (TPID) attached to the shipment.

OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES OF SELLER

You affirm, guarantee, and concur that :

• You are an organisation that has been duly incorporated, and you have the capacity and competence necessary to understand and accept the Conditions;
• You must only use the Platform and Services for business reasons; you have full capacity and ability to accept the Terms, issue the licence and authorization (if necessary), and fulfil your duties herein.
• You won't access or use the Platform for personal use, and any products you sell will be used exclusively for business and not for personal use;
• The Seller location of your business entity is the address you offer when creating an account on the Platform;
• according to the terms of the relevant laws, your business is legitimately incorporated or founded;
• In using and accessing the Platform, you must abide by all applicable laws;
• You and any goods or services you supply on the platform (if any) abide by all legal requirements;
• In relation to any User Content that you submit, upload, or display, you are solely responsible for obtaining all applicable third party licences and permissions (if any are necessary);
• The copyright, patent, trademark, trade name, trade secrets, or any other personal or property rights of any third party (the "Third Party Rights") are not infringed upon or violated by any User Content that Seller provides, posts, or displays;
• The Goods or Services detailed in the User Content may be sold, traded, distributed, or exported, or offered for sale, traded, distributed, or exported, if permitted by applicable laws, and such sale, trade, distribution, export, or offer does not infringe upon any third party rights;
• the consignment's description and specifics, such as its weight, content, measure, quality, condition, marks, numbers, and value, are thorough and accurate and comply with all applicable laws, rules, and requirements;
• the Shipment(s)-related information submitted by you or anyone acting on your behalf is accurate and complete;
• the shipment(s) are prepared, packed, stored, labelled, and/or marked in a sufficient and appropriate manner;
• the shipment(s) are packaged sufficiently to withstand regular handling or storage while being transported;
• The shipment(s) complies with all laws, rules, and specifications that may be relevant.

As part of the Platform registration process, your usage of any Service, or the Seller account, the Seller will be required to supply information or material regarding the Seller's entity, its business, or its Products/services. Seller affirms, guarantees, and stipulates that:

• Whether provided during the registration process or thereafter when using the Platform or Service, such information and content is truthful, accurate, current, and comprehensive; and
• To keep all information and materials genuine, accurate, current, and comprehensive, the seller will uphold and swiftly modify them.
• In order to verify that the Products offered for sale are genuine and authentic and do not violate the intellectual property or proprietary rights of any third party, the Seller may be asked to provide additional documents or information about the goods or services the Seller may offer for sale on the Platform. In the event that Seller fails to submit such additional papers and information immediately, Dukaan Dost reserves the right to take the necessary action as specified in Article 7 of the General Terms.
• Seller agrees that Dukaan Dost may save and use Seller's contact information in accordance with the Privacy Policy.
• Seller must follow the packaging instructions as they are occasionally sent to them by Dukaan Dost. You can access the aforementioned packing guidelines here.
• Seller hereby gives us permission to print a delivery note on its behalf that includes information about the shipment in order to deliver the Shipments. The Seller agrees to bear full responsibility for any inconsistency or mistake in the information provided on the Delivery Note and to hold us harmless from any resulting losses or lawsuits.
• Seller is responsible for making sure that the Consignment doesn't contain any correspondence that violates the Indian Postal Act of 1983 or any other applicable laws. We accept consignments in the good faith belief that they don't contain anything that would break any applicable laws.
• When booking multiple consignments to the same buyer, the seller must make sure that the buyer's complete address is listed on each consignment.
• Cash, virtual money, expensive gifts, stock certificates, travel documents, dangerous goods, explosives, cattle, and other items that are illegal under applicable law are not permitted to be included by the seller in the shipment. If any forbidden or dangerous products are discovered in the shipment that pose a risk to other goods, property, life, or health, we reserve the right to destroy or otherwise deal with the shipment at our sole discretion, at your risk, and at our expense. Regarding this, you agree to always hold us harmless and fully indemnify us from any and all fines, charges, losses, fees, and expenses (including but not limited to legal costs) occurring in connection with any such Items.
• Seller must be fully responsible for accurately declaring the Consignment's value.
• In accordance with all applicable laws, including but not limited to those pertaining to applicable central, state, integrated, or Union Territory goods & services tax laws (GST), Seller shall ensure that all the Consignments are provided to us before the specified cut-off-time specified by us for on-time delivery with all the proper documents required to ship the Shipments. You are solely responsible for complying with GST on the Goods in Shipments and all other applicable statutory tax laws, and we are not liable for any losses or damages brought on by your failure to do so.
• The Consignment must be delivered to us within the time intervals that have been allowed to Seller by us, and Seller shall be fully responsible for seeing to it. Seller will be charged extra if we make a second attempt to take the Shipment if Seller does not deliver the Shipment within the given time frame. These fees will be as they are shown on the platform.
• Sellers are expected to conduct themselves professionally when dealing with Dukaan Dost's pickup and delivery staff. Any improper behaviour, impoliteness, or verbal or physical abuse is forbidden and will be viewed as a breach of these Terms. If it is determined that a Seller is in breach of this provision, Dukaan Dost reserves the right to revoke selling rights in its sole discretion.
• Seller also expressly authorises us and/or our third-party service providers to get insurance for the products' safety in the warehouses and during transit, if applicable, and to file a claim for compensation with the appropriate insurance company in the event that the products are lost or damaged while in our custody (including transit). In the case of a loss, Seller shall not object to the payment of claims to us and/or our third party service providers.
• For any Goods that the Seller sells to the Buyer, the Seller shall be entirely responsible for raising invoices that are sent to the Buyer directly. Seller agrees to hold us harmless for any fines imposed on us by any governmental or regulatory body as a result of Seller's failure to comply with applicable laws, including without limitation, failure to include invoices with the consignments, etc. Seller also agrees to reimburse us in this case for any losses, liabilities, fines, or expenses we may be required to pay. We won't be held responsible if the seller doesn't follow this clause.
• Together with these Terms, the Seller agrees to be bound by the provisions of the Undelivered Shipment Policy and Return Shipments Policy, as they may be updated from time to time, in the event of any undelivered or returned shipments, respectively.

AUDITS

I) To make sure the Seller is abiding by these Terms, we may, at our sole discretion, randomly audit the Shipments that the Seller has given us for delivery to the Consignee or the Items that the Seller has placed in the warehouse. If it is determined or if we believe in our reasonable opinion that the Shipment or Products do not comply with applicable laws and/or do not comply with the packaging guidelines as communicated by us from time to time, we may, in our sole discretion, levy penalty charges, as communicated to you from time to time, or take such other actions against you as listed under sub clause (a), without prejudice to other rights available to us under these Terms or under applicable laws (ii) below

II) We may be permitted to take one or more of the following actions at our sole discretion;

a. send the Seller a letter of caution;

b. An amount equal to the greater of (a) INR 1000/- (Rupees One Thousand Only), (b) an amount equal to the total invoice value of the audited shipment, or (c) any other amount as specified under applicable law, shall be levied on the seller for each instance of non-compliance from your end and/or any loss incurred by us as a result of the non-inclusion of a hard copy of the invoice in the shipment;

c. An penalty equal to the greater of (a) 2 (two) times the value of the Product for which the non-compliance is being recognised, or (b) an amount equal to the entire invoice value, shall be imposed on the Seller for any such non-compliance other than those mentioned in Article 3(ii)(b) above.

d. suspend or cancel a Seller's account on the Platform, with or without notifying the Seller in advance; and/or

e. any additional actions we may consider appropriate at our sole discretion.

S&D SERVICES FEES AND CHARGES

• The Seller will be required to pay a fee to Dukaan Dost (referred to as the "Sales and Distribution Support Services Fee" or "S&D Fee") in exchange for the S&D Services that Dukaan Dost provides to the Seller. It is hereby made clear that the S&D Fee will be determined using the Order's entire invoice value.
• The applicable Sales and Distribution Support Services Fee will be disclosed from time to time to the Seller(s) via the Platform or another method of communication that Dukaan Dost may choose in its sole discretion. It shall be the duty of the Seller to verify such Sales and Distribution Support Services Fee on a regular basis.
• The invoice for the Seller's Sales and Distribution Support Services Fee will be issued by Dukaan Dost, and the Seller is responsible for paying the invoice. Seller acknowledges that only Seller shall be in charge of seeing that Dukaan Dost gets paid the Sales and Distribution Support Services Fee. Seller grants Dukaan Dost permission to adjust and deduct the Sales and Distribution Support Services Fee from any sum that is paid by the Buyer or otherwise obtained by Dukaan Dost in accordance with the procedures outlined in the Payment and Settlement Services.
• According to current applicable laws, the Sales and Distribution Support Services Fee is subject to all applicable taxes. If required by applicable legislation, the seller must deduct income tax from the amounts payable to Dukaan Dost in the appropriate amounts, unless Dukaan Dost produces a certificate for reduced or no withholding. By supplying a suitable and timely certificate of withholding as required by the relevant law, the seller must enable Dukaan Dost to claim a tax credit and return the withholding taxes to the respective tax authorities.
• For any additional services or services that are not included in the S&D Services, Dukaan Dost will bill the Seller with additional fees. Seller hereby authorises Dukaan Dost to adjust the charges from the receivable that are due and payable to Seller by Dukaan Dost. Dukaan Dost shall be entitled to recover/deduct such additional costs from the money collected or received by Dukaan Dost from the Buyer. Any settlement shall be made in accordance with the settlement provision of the Payment and Settlement Services. In order to offer the Seller with these extra services, Dukaan Dost may, at its discretion, enter into a separate agreement with the Seller.
• In the event that the Seller is late in paying any debts owed to Dukaan Dost, Dukaan Dost has the right to levy penalties or late payment fees. It also reserves the right to charge cancellation fees in the event that the Seller cancels any orders. Seller grants Dukaan Dost permission to modify or deduct the penalty amount, late payment fee, or cancellation fee from the receivables that are owed and payable to Seller by Dukaan Dost. The process for this settlement shall be carried out in accordance with the Payment and Settlement Services provided above.

S&D SERVICES

a. Standard Platform Services

• As long as you abide by these Seller Terms, you may post Items for sale on the Platform. The Product(s) that you post for sale on the Platform must be able to be sold legally.
• You must make sure that the product(s) on the list do not violate any third parties' intellectual property, trade secrets, other proprietary rights, or rights of publicity or privacy. Just text descriptions of your product for sale, graphics, and photographs are permitted in listings.
• Every product that is listed must be listed on the Platform in the proper category. For the purpose of successfully completing sales, all specified Goods must be kept in stock. You consent to follow any listing rules that Dukaan Dost may occasionally notify to you.
• The product listing description must accurately and truthfully explain the product's features and state. You promise to return any money you may have received from the Buyer if the product description does not accurately reflect its state.
• You affirm, warrant, and agree that you will use the Platform's Services only for professional and business needs, and not to obtain goods or services for your own use or consumption. The Buyer may only use the Goods you provide or sell to them through the Platform for resale or other commercial purposes; they may not be utilised for the Buyer's personal use or consumption.

b. Standard Warehousing Services

• Depending on the Seller's requirement, Dukaan Dost may offer Standard Warehousing Services. However, Dukaan Dost shall remain liable to the Seller for the performance of its obligations to provide Standard Warehousing Services under these Terms. Dukaan Dost may, at its discretion, subcontract all or part of these Standard Warehousing Services, and/or shall have the right to use or engage the services of any third party services provider(s), sub-contractor(s), or agent(s), on such terms as Dukaan Dost may deem appropriate.
• Dukaan Dost agrees to take all commercially reasonable security procedures to protect the Products from theft or other damage. Seller fully authorises Dukaan Dost and/or its third-party service providers to obtain insurance for the secure storage of Products in the warehouse and to seek insurance from the applicable insurance company in the case of Product loss or damage while in its custody (including in transit). In the event of a loss, the Seller acknowledges that it will not object to the payment of claims by the applicable insurance company to Dukaan Dost and/or its third-party service providers.
• Dukaan Dost shall not be liable for Goods discovered to be damaged and/or not in accordance with the packing rules and instructions supplied by Dukaan Dost from time to time, at the time of handover or delivery to the warehouse(s) location, as the case may be. Dukaan Dost retains the right to refuse acceptance of such damaged Goods and return the Products in accordance with its warehouse Return Shipments Policy.
• Seller hereby authorises Dukaan Dost to conduct the administrative duty of printing invoices and Delivery Notes containing information about Goods upon receipt of Orders and subsequent delivery of Products to Buyers. Seller agrees and acknowledges that Dukaan Dost shall bear no responsibility or liability for any non-compliance with applicable laws in relation to invoices, Waybills, or other administrative tasks performed by Dukaan Dost on behalf of the Seller, unless such non-compliance results from Dukaan Dost's gross negligence or willful misconduct. Seller agrees to hold Dukaan Dost harmless in this regard.
• Seller acknowledges and agrees that the Standard Warehousing Services and any subsequent delivery of Goods to the Buyer(s) will be provided 'as is,' i.e., as received from the Seller and in compliance with the Terms. Seller further knows and agrees that Dukaan Dost may supply tertiary packing to the already packed Items maintained in the warehouse(s), so that the Products can withstand regular handling and transit for safe delivery to the Buyer (s). Regardless of everything written herein, Seller shall remain solely accountable for the Goods stored in the Seller's warehouse.
• Seller is exclusively responsible for obtaining and maintaining all necessary licences, registrations, and permits under applicable laws in order to store the Items at the warehouses. Seller agrees to completely indemnify Dukaan Dost in the event that Goods are seized by any governmental entity owing to any noncompliance with relevant law or failure to obtain required licences, registrations, or permissions.
• In addition to the Seller's other representations and warranties under the Terms, the Seller represents and warrants that:
  • Seller has legal title and possession of the Products stored or intended to be held in the warehouse(s), and Seller has the legal right and authority to sell such Products to the Buyer (s).
  • It shall not deliver to Dukaan Dost any Items that are harmful, combustible, toxic, or forbidden or banned from sale, or Products that are illegal in nature, or Products obtained illegally by the Seller.
  • Any information provided by the Seller or a person acting on the Seller's behalf regarding the Goods is complete and accurate;
  • Goods are properly and adequately prepared, packed, stored, labelled, and/or marked in accordance with the guidelines and instructions issued by Dukaan Dost from time to time;
  • The Items are packaged in such a way that they can endure routine handling, storage in the warehouse, and/or storage while being transported to the Buyer (s),
  • the Goods are in accordance with all applicable laws, regulations, and requirements; and
  • The Items comply with all applicable laws' labelling and packaging requirements.
• Seller is solely responsible for completing all documents and paying any customs and taxes (if any) imposed by applicable legislation. Seller further authorises Dukaan Dost to pay all duties and taxes (if applicable) on behalf of the Seller as required by relevant laws, to the extent such actions are required to enable Dukaan Dost to perform Standard Warehousing Services. Dukaan Dost may charge, and Seller must refund and indemnify Dukaan Dost for, any such charges, duties, and taxes incurred on the Seller's behalf.
• Seller agrees, subject to clause (j) below, that all Items in the warehouse(s) will remain Seller's property until they are delivered by Dukaan Dost to the Buyer(s) or handed over to the Buyer's carrier (s). In its sole and absolute discretion, Dukaan Dost may let the Seller to visit the warehouse(s) to check that the Seller's Goods are properly stored.
• If you fail to pay any amounts owed to us, including without limitation fees for attending, cooperating, reporting, fumigating, devanning, restoring, storing, or reconditioning and/or any other costs incurred for the benefit or protection of the Products, we shall have a general and particular lien on the Products that are stored in the warehouses maintained by the Seller and all documents relating thereto. Without incurring any liability to you or any third party, we may, in our sole discretion, suspend or discontinue providing all or any portion of these Standard Warehousing Services if any amount due and payable by you to us is not paid after receiving fifteen (15) calendar days' prior written notice. We may also, in our sole discretion, sell the Products in any way we see fit. We reserve our rights in the event that there is a shortage after the sale of such Items.
• In order to verify that the Seller is abiding by these conditions, Dukaan Dost retains the right to inspect the Goods and any warehouse(s) in which they are stored or situated. Seller acknowledges that Dukaan Dost will have the right, but not the responsibility, to inspect the Products kept at the warehouse(s), and that Dukaan Dost will not be held responsible for the content, quality, or any discrepancies in the Products supplied or kept by the Seller.
• In the event that Seller violates any of the terms of this agreement or engages in misconduct or negligence, Seller agrees to hold Dukaan Dost harmless from any losses, penalties, damages, or fines of any kind.
• Seller consents to Dukaan Dost's right to provide information to regulatory authorities regarding Products stored at warehouse(s) and/or any other information that regulatory authorities may ask or request from Dukaan Dost and other third parties to whom the disclosures are required to be made as may be necessary on an as-needed basis.
• Seller is aware of and agrees that any Reverse Shipment (as defined by the Return Shipments Policy) will result in the following treatment of the Shipments/Products:
  • If the buyer made a return request for any of the following reasons:
  • physical damage to the product(s) or a fault, including damage to the exterior box that was supplied;
  • incorrect product(s), or product(s) that don't match the details or descriptions listed on the platform's listing page;
  • a portion of the order or the products are missing for reasons the seller is responsible for,
  • then the item(s) will be delivered to the HTPL warehouse (from which it was despatched) or another location selected by the Seller.
  • After the product(s) arrive to the selected HTPL warehouse site, they will be examined for any external damage, obvious tampering with the packing, and/or material damage to the product (s). HTPL would inventory the Product(s) in the warehouse if it were discovered that there were no such damages. However, HTPL shall retain the Product(s) and refund the Seller for the order value of any tampered with or damaged Product if the Product(s) are discovered to have been damaged and/or tampered with for reasons attributable to us. The findings regarding the damage or tampering of the Product(s) and the order value to be repaid to the Seller are subject to our decision, which is final and enforceable against the Seller.
• If any of the following apply to the buyer's return request:
  • any functional or manufacturing flaws in the product(s); or
  • any problems relating to the Product(s)' quality;
  • then any such Product(s) that the Buyer returns will be sent back to you, unless the Product(s) are damaged for reasons that can be attributed to us. You will have to accept that Merchandise (s). You agree not to hold HTPL accountable for any claims, disputes, or damages arising out of any products that are returned by the buyer as per the terms of this agreement. HTPL disclaims all responsibility and liability with regard to any products that are returned by the buyer.
• Seller acknowledges and agrees that in the event of any Undelivered Shipment (as defined in the Undelivered Shipment Policy), we shall inspect the Product(s) for any visible tampering with the packaging, any material damage to the Product, and/or any exterior damage (s). The Product(s) will be inventoried in the warehouse by HTPL if, in our reasonable view, they don't appear to be harmed or tampered with. The Product(s) shall be retained by HTPL and the order value/cost of any tampered with or damaged Product will be repaid to you in the event that the Product(s) is(are) discovered to be damaged for reasons attributable to us. Our choice in this matter will be final and enforceable against you.
• Pursuant to the aforementioned clauses (n) and (o), any product(s) that must be returned to you will be sent to you within 90 days of the product(s) arriving at our warehouse location or the date that HTPL may have communicated to you, whichever comes first.
• After receiving the goods as described in Paragraph (p) above, the seller has 72 hours from the time of delivery to file a claim for any of the following:
  • missing goods or commodities, whether completely or partially; or
  • items harmed during transport.

In order to substantiate its claim, the seller must file a claim or dispute with regard to the returned goods and provide a copy of the delivery note. Seller can get in touch with HTPL at info@dukaandost.com or through the Platform to raise a dispute or claim regarding the shipment or products that were returned to you.

If HTPL so requests, Seller may be asked to submit more evidence or information in support of its claim. If there is a need, we will get in touch with you. Once the claim or disagreement has been settled or resolved, our decision about its resolution shall be final and binding upon you, and we shall not consider any additional claims. The seller agrees that HTPL or its subcontractors shall have the right to collect from the seller's location any Products against which the seller's dispute or claim has been finally resolved by HTPL and proceed with their liquidation. This right shall exist even if HTPL ultimately determines the dispute or claim in the seller's favour.

• Seller acknowledges and agrees that any non-conformity, defect, or recall of any of its products, whether public or private, is completely its responsibility. Any such non-conformity, flaw, public or private recall, or threat thereof, shall be promptly reported to Dukaan Dost by the seller, who shall also cooperate with Dukaan Dost in connection with any recalls by starting the processes for informing the buyers in this regard. Any expenditures or expenses Dukaan Dost may have in connection with a recall or threatened recall of any of the Items will be the seller's responsibility.
• Whatever the case, Dukaan Dost shall always be entitled to get compensation from Seller for any loss incurred as a result of any fault, defect, or failure to comply with any of the Goods. Any costs, losses, expenses, or damages resulting from third-party claims, legal actions, or procedures taken against Dukaan Dost and arising out of or in connection with the sale and use of the defective, faulty, and/or non-compliant Products shall be covered by Seller's indemnification of Dukaan Dost.
• As a result, Seller hereby releases Dukaan Dost (and its affiliates, agents, and employees) from any claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such transactions. Seller understands and acknowledges that Dukaan Dost is not a Party to transactions between Buyer(s) and Seller.
• If no Order has been placed for the Product(s) at the time of the recall request, the Seller may request the recall of the Product(s) from the warehouse(s) (in whole or in part). Furthermore, Dukaan Dost reserves the right to return any unsold products to the seller at its sole discretion, including but not limited to diminished or no sales of the products.
• If the Seller decides to stop using these Standard Warehousing Services from Dukaan Dost, it may do so by delivering Dukaan Dost at least 90 (ninety) days' written notice of termination (except from services relating to special access to fulfil Orders from own source).
• Apart than the service relating to special access to fulfil Orders from own source, Dukaan Dost may cancel or suspend supply of these Standard Warehousing Services by giving a prior notice of fifteen (15) days to the Sellers, unless otherwise granted under the General Conditions.
• Except than the service relating to special access to fulfil Orders from own source, Dukaan Dost may additionally cancel or suspend these Basic Warehousing Services for the Seller with immediate effect upon occurrence of any of the following occurrences, unless otherwise specified under the General Terms:
  • Seller has broken any covenants, promises, representations, or responsibilities outlined in these conditions;
  • in the case that the Seller violates intellectual property rights, sells fraudulent, counterfeit, or otherwise illegal products, or distributes or sells products in violation of the law.
• In the event that these terms are terminated or suspended, the Seller shall pick up the Products from the warehouse within seven (7) days of the termination or suspension date. If the Seller fails to do so, Dukaan Dost reserves the right to dispose of the Products stored in the warehouse(s), and Dukaan Dost shall not be responsible for any losses or damages incurred by the Seller as a result.
• In the event that the Seller neglects to pick up the Products from the warehouse after being notified by Dukaan Dost that they are available for pickup, Dukaan Dost further reserves the right to dispose of or liquidate the Products maintained in the warehouse(s) without incurring any liability to the Seller.
  • Seller does not pay its debts to Dukaan Dost in full; or
  • of the happening of any circumstance that, in Dukaan Dost's reasonable judgement, would allow it to exercise its right.
• Without affecting any other rights held by Dukaan Dost, Dukaan Dost has the right to obliterate any products found to be or suspected to be false, counterfeit, or illegally produced.

c. Payment and Settlement Services

• For each transaction on the Platform, we will offer the Sellers Payment and Settlement Services. However, Dukaan Dost shall remain liable to the Seller for the performance of its obligations to provide Payment and Settlement Services under these Terms. Dukaan Dost may, in its discretion, subcontract all or part of the Payment and Settlement Services, and/or shall have the right to use or engage the services of any third party services provider(s), sub-contractor(s), or agent(s), on such terms as Dukaan Dost may deem appropriate.
• Seller understands and agrees that we are only serving as a payment collector and acting in a fiduciary capacity when providing the payment collection services, and we are not responsible for the legality of any payment transaction between the Seller and the Buyer.
• Seller understands and agrees that, as part of the payment collection services, if Dukaan Dost is collecting post-dated checks on the seller's behalf, it is made clear that Dukaan Dost is only acting in the capacity of a fiduciary and is not responsible for the legality of the post-dated checks it receives from the buyer. It is also stated that the Buyer alone shall be liable for such payment obligation if such postdated checks bounce and/or are not enc ashable for whatever reason. The Buyer alone shall be the subject of any legal action for such failure of the payment obligation, and the Seller shall not hold Dukaan Dost liable for such failure of the payment obligations.
• If we decide, in our sole discretion, that the transaction you are engaging in is not real, suspicious, or fraudulent, we shall have the right to refuse to make payments to you or any third party.
• You hereby give your assent and agreement to abide by any rules, regulations, requests, etc. that may be issued in connection with these Payment and Settlement Services by us, other banks or financial institutions, as applicable, or a payment system provider from time to time.
• The same way they are received, refunds (if any) must be processed. Depending on the policies of the individual banks, the refund money will appear in the seller's bank account.
• Within the following time frames, we will transfer any payments made by the Buyer at the time of actual delivery of the order(s) to the specified bank account of the Seller (or to a third party in accordance with the Seller's (if applicable) instructions):
• For non-food product(s), 20 (twenty) bank working days from the date of delivery to the buyer, with the settlement taking place on the working day that falls on a Tuesday or a Friday within the aforementioned time frame; and
• With the caveat that we reserve the right to postpone paying out to the seller in the event that the buyer makes a return request or asserts any claims or disputes, as applicable, until those issues have been resolved. It is expressly made clear that we will only settle any payments made by the Buyer(s) in the form of checks if they are made at the time of actual delivery of the Order(s).
• When the Buyer makes payments online at the time of placing an order with the Seller or before the Consignment is delivered, those payments must be transferred within "T+1" bank working days to the Seller's designated bank account (or to a third party based on the instructions provided to the Seller, if applicable). For the avoidance of doubt, it is made clear that "T+1" will be the longest time frame allowed for the settlement of such a transaction. For the purposes of these Terms, "T" refers to the day on which the refund term that applies to the order expires. The formula for calculating "T" is as follows:

• In any of the settlement methods, the Seller (or third party pursuant to the instructions received from the Seller) shall receive the amount (less our Sales and Distribution Support Services Fees in relation to the S&D Services provided by us, such other amounts due and payable by Seller to us or any third party (in the event that such third party or Seller instructs us to collect such monies from the Seller), any amount to be refunded to the Buyer, and any taxes payable under applicable law). It is made clear that any settlement of payments to the Seller will be subject to applicable tax regulations, and Dukaan Dost may withhold or collect such taxes in accordance with the terms of those laws as outlined in clauses I and (j) below from the amount to be paid to the Seller.
• Regarding the tax withholding at source requirements of the relevant GST regulations, as they may be altered from time to time:
• Seller shall be obligated to give us all pertinent information in the event of any discrepancies arising from tax collection at the source, to communicate with the appropriate authorities, and to pay any deficit resulting from any omission.
• For each item sold through the Platform, the seller will supply the relevant Harmonized System Nomenclature (HSN) code number and the relevant GST rates. You acknowledge that it is your obligation to declare the product's HSN and GST rates and that doing so in advance is necessary in order to sell the product(s) on the platform.
• The seller is accountable for providing a valid GST registration number, which we shall use to submit the tax that was collected at source (in accordance with GST legislation). We will not be held liable for incorrectly disclosing the GST registration number and the ensuing loss of source tax credits in the seller's hands. If any tax, interest, or penalty is assessed against us as a result of the Seller's inaccurate disclosure of information, the Seller shall be responsible for covering the cost of any such tax, interest, or penalty assessed by the GST authorities.
• On transactions and/or payments made through or facilitated by the Platform, we shall have the right to deduct or recover, as the case may be, tax deducted at source ("TDS") as may be applicable under the applicable provisions of the Income Tax Act, 1961 (as may be amended from time to time), and as determined by us in our sole discretion. In compliance with the provisions of the Income Tax Act of 1961, we will produce certificate(s) evidencing and/or supporting the deposit of TDS for any TDS deducted and/or recovered (as may be amended from time to time). It is made clear that, for this purpose, we will be free to rely on the Permanent Account Number ("PAN") and any other information submitted to us and will not be under any duty to independently confirm or authenticate the same. We reserve the right, in our sole discretion, to recover any obligation from the Seller that may result from erroneous or incomplete information submitted by the Seller to us, including any interest, penalty, or other charges.
• According to the applicable tax legislation, the seller must abide by all rules and laws pertaining to cash transactions.
• Unless in cases where the same are caused by the negligence, act, or omission of our or its employees, officers, etc., we shall be right to collect from the Seller any monies due from it or incurred by us on account of the following from time to time:
• chargebacks on purchases;
• Any fine or fee that may be assessed against us by any payment method, the clearing house, or its local clearing agent (as applicable), including those resulting from excessive chargebacks, excessive failures, excessive buyer disputes, and/or any other reason;
• any sum that the Seller owes us.
• We shall have the right to stop or withhold payments owed to the Seller if there are reasonable reasons to believe that a transaction has been undertaken in violation of any applicable laws or is a fraudulent transaction.
• In the event of a chargeback event, we retain the right to defer payments to the seller while the banks or other regulatory bodies investigate the situation and until the problems are resolved.

FURTHER PRODUCTS AND SERVICES

Any use by a Seller of the extra services specified hereunder is subject to the terms for such services set forth in this Section IV, which is to be read in conjunction with Section III and the General Terms set forth herein. If there is a discrepancy between the provisions for any additional Service opted by the Seller and the provisions set forth under Section III or the General Terms, the provisions for the additional Service shall supersede and prevail. Dukaan Dost reserves the right to enter into a separate agreement with the Seller to offer additional services to the Seller (whether or not stated above) if necessary.

The additional services are subject to the following terms and conditions :

a. Media Planning and Buying

1. If Seller wants to increase awareness of the Goods it posts and makes available for purchase on the Platform, it can join the Dukaan Dost advertising programme (the "Program"). Upon receiving a written request from the Seller, Dukaan Dost will assist the display of such advertisement ("Ad") of the Seller on the Platform.

2. Seller shall retain all ownership rights in any and all Ads posted on the Platform pursuant hereto. To use and show the Ad on the Platform, Seller must first check that it is in compliance with any and all branding rules and regulations that may be relevant. By using the Platform, the Seller expressly provides Dukaan Dost a worldwide, non-exclusive, royalty-free licence to use the Seller's Ad and any other information given by the Seller. Dukaan Dost will, on a "as is" basis, display the Ad given by the Seller on the Platform or otherwise made available by Seller to Dukaan Dost for the purposes set out below (except for formatting changes limited to re-sizing the Ad). Seller agrees to indemnify, defend, and keep Dukaan Dost harmless from and against any claims that may arise from or in connection with such Ad with respect to the content of the Ad, any intellectual property claim, or any third party.

3. Dukaan Dost further denies any responsibility for the accuracy or completeness of any Ad, the quality, delivery, or usefulness of any Goods offered for sale by any Seller on the Platform, or for any other aspect of any Ad or the content of any Ad. The Seller acknowledges that Dukaan Dost disclaims any responsibility in this regard and will not be involved in any dispute.

4. Seller represents and warrants that

• Seller is legally able to engage into and act under this Agreement;
• Seller is not subject to any conditions that would limit its ability to fulfil its commitments and provide all rights herein;
• As of the date hereof, Seller has not entered into and has no intention of entering into any agreement that is inconsistent with its duties hereunder;
• No third party's rights, including intellectual property rights, should be infringed upon by any portion of the Ad given or approved by the Seller;
• In addition, the Seller guarantees that the Ads it provides or approves will not infringe any any rules, regulations, or other codes of conduct that may be in effect;
• When a Seller views or clicks on an Ad that Seller has provided or approved, no software will be downloaded to that Seller's computer.
• The Seller's advertisement will not contain or link to any material that is libellous, fraudulent, obscene, deceptive, or illegal;
• There will be no malicious code in the Ad, such as a virus, trojan horse, back door, easter egg, worm, time bomb, cancelbot, or anything else that could cause harm to the Platform or Dukaan Dost.
• When utilising the Site and the Bonus Program, Seller must follow all local, state, and federal laws.

5. The utilisation of the Ad programme will incur fees that the seller is responsible for paying to Dukaan Dost. The fees associated with selling on the Marketplace will be those that are listed there or otherwise made known to the Seller.

6. All taxes and other fees are not included in the amounts due from the Seller. At the times and in the amounts specified above, Dukaan Dost will send you a tax invoice in compliance with the law.

7. Any payments received by Dukaan Dost from the Buyer or a third party paying on behalf of the Buyer in connection with the Goods sold by the Seller may be subject to adjustment and setoff by the Seller. Dukaan Dost will settle the transaction in accordance with the terms outlined in the Payment and Settlement Services section of the Seller Agreement. By accepting these charges, Seller irrevocably authorises Dukaan Dost to offset any amounts owed to Seller by Dukaan Dost.

8. The Seller shall be obligated to pay the deficit balance amount to Dukaan Dost within seven (7) days from the date of receipt of email communication from Dukaan Dost in this respect if the sale profits collected by Dukaan Dost from the Buyer is less than the charges payable by the Seller.

9. If the Seller does not make timely payments of the charges, Dukaan Dost may, at its discretion, hire or use the services of any person, third party service provider, agency, or agent to collect the overdue amounts. If Seller does not make timely payments, Dukaan Dost will exercise its right to assess late payment fees.

10. For any reason or in the event of any breach of these terms or Conditions by the Seller, Dukaan Dost may at any time, with or without notice, withdraw, terminate, and/or suspend the Program. As of the effective date of such termination, withdrawal, or suspension, as the case may be, any accrued costs shall become immediately due and payable by the Seller and settled in accordance with the settlement process set forth herein.

11. A Seller's use of Dukaan Dost's advertising services may be terminated or discontinued upon seven (7) days' written notice from Dukaan Dost, unless the notice period is longer under the Terms.

12. Unless as otherwise agreed upon in writing, both Dukaan Dost and Seller will maintain ownership of all of their respective intellectual property rights.

13. In particular, but not exclusively, Dukaan Dost specifically disclaims any warranties or conditions of non-infringement or the quality or fitness for any particular purpose of the Software offered herein, and makes no warranty or condition, express or implied, with respect to any issue.

14. Unless as otherwise agreed upon in writing, both Dukaan Dost and Seller will maintain ownership of all of their respective intellectual property rights.

15. In particular, but not exclusively, Dukaan Dost specifically disclaims any warranties or conditions of non-infringement or the quality or fitness for any particular purpose of the Software offered herein, and makes no warranty or condition, express or implied, with respect to any issue.

b. The Pay Service Source

1. Dukaan Dost may, at the Seller's written request, agree to collect payment for the Logistics Services it has given to the Buyer pursuant to the Buyer Terms ("From Pay Services"), rather than from the Buyer. For each order that is properly delivered by Dukaan Dost to the Buyer, the Seller shall reimburse Dukaan Dost for any logistics/delivery costs incurred. Any taxes and fees that are relevant to such charges must be added.

2. Costs associated with Dukaan Dost's provision of the From Pay Services will be covered by the seller, who will also be responsible for paying any related taxes. If Dukaan Dost decides to change the fees in its sole discretion, Seller agrees to be bound by the new fees without question.

3. Any payments received by Dukaan Dost from the Buyer or a third party paying on behalf of the Buyer in connection with the Goods sold by the Seller may be subject to adjustment and setoff by the Seller. Dukaan Dost will handle this transaction in accordance with the terms outlined for seller payments and settlements. By accepting these charges, Seller irrevocably authorises Dukaan Dost to offset any amounts owed to Seller by Dukaan Dost.

4. The Seller shall be obligated to pay the deficit balance amount to Dukaan Dost within seven (7) days from the date of receipt of email communication from Dukaan Dost in this respect if the sale profits collected by Dukaan Dost from the Buyer is less than the charges payable by the Seller.

5. If the Seller does not make timely payments of the charges, Dukaan Dost may, at its discretion, hire or use the services of any person, third party service provider, agency, or agent to collect the overdue amounts. If Seller does not make timely payments, Dukaan Dost will exercise its right to assess late payment fees.

6. Dukaan Dost shall not charge the Seller for any Undelivered Shipment (as described in the Undelivered Shipping Policy).

7. Seller agrees to pay Dukaan Dost's restocking fee for every Order that is delivered by Dukaan Dost, accepted by Buyer, and then returned by Seller.

8. FromPay Services are subject to withdrawal, termination, and/or suspension by Dukaan Dost at any time, with or without notice, for any reason or in the event of any breach of the conditions by the Seller. The Seller's obligation to pay the fees shall arise upon termination, withdrawal, or suspension.

9. With one (1)days' written notice to Dukaan Dost, Seller may cancel these FromPay Services. In order for Dukaan Dost to honour the seller's request to cancel the transaction, the notice of cancellation must be sent from the seller to from- pay@Dukaan Dost.com.

10. At all times, Seller shall remain solely liable and responsible for the Products posted and offered for sale via the Platform, and Seller shall take sole responsibility for ensuring that the Products offered for sale by Seller comply with all applicable laws. The Goods supplied by the Seller on the Platform are not guaranteed by Dukaan Dost, and Dukaan Dost makes no promises concerning their quality, delivery, or usefulness.

c. It is possible that Dukaan Dost and the Seller will agree on other, supplementary services that Dukaan Dost will do.

d. Seller shall withhold from amounts payable to Dukaan Dost any income tax as required under applicable legislation, unless Dukaan Dost produces a nil or reduced withholding certificate. In accordance with current law, Seller shall send the withholding taxes to the relevant tax authorities and allow Dukaan Dost to claim a tax credit by providing a proper and timely certificate of withholding.

e. Dukaan Dost reserves the right to impose a variable charge on the Sellers as may be communicated to the Sellers from time to time in consideration of any special services, other than the standard services provided by Dukaan Dost to the Sellers, that are based on variable parameters, such as any logistics services provided by us to the Seller.

LIMITATION OF LIABILITY AND INDEMNITY

We shall not have any liability whatsoever for any claims arising from:

(a) any of your acts or omissions; 

(b) compliance with the instructions given by you or any person acting on your behalf; 

(c) an act or order of any government authority; 

(d) the insufficiency of the packing or labelling of Shipment;

(e) the nature or description of the Shipment; 

(f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour; 

(g) explosion, fire, flood or storm; 

(h) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; 

(i) any loss, miss-delivery, delay or damage to any Shipment; and/or 

(j) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.

Each Seller agrees to indemnify Dukaan Dost, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: 

I). your submission, posting or display of any User Content; 

II). from your use of the Platform or any of the Services;

III). from your breach of the Terms or breach of any applicable laws, including tax laws;

IV). any of the service availed by you from a third party service provider using the Platform; 

V). any liability or defect in the Products offered/ listed for sale on the Platform; 

VI). your negligence or wilful misconduct; 

VII). any sale or offer of sale of counterfeit or fake Products on the Platform or any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the Products; 

VIII) .any alleged or actual personal injury, death or property damage suffered by Dukaan Dost arising from the supply or sale of Products by Seller; and/or 

IX). any claim by a third Party or Buyer made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of Products.

SELLER TRADE CREDIT (S)

Sending a request to our registered office address together with the terms and conditions of the TC that the seller plans to issue to its buyers is appropriate if the seller wishes to award a trade credit ("TC") to its buyers.

Dukaan Dost will make an effort to respond to the Seller's request within 7 (seven) business days after receiving it. Any further information or documentation that Dukaan Dost may need will be disclosed to the Seller if necessary. Within 7 (seven) days of receiving such an extra request from Dukaan Dost, the Seller will be compelled to reply. After receiving the necessary information from the Seller, Dukaan Dost will make every effort to respond to the request in full within 7 (seven) business days.

Dukaan Dost shall have the last say over whether to activate the TC feature on the Platform for the Seller, and Dukaan Dost's decision in this regard shall be final and binding upon the relevant Seller.

Subject to different terms and circumstances that will be agreed upon between the Buyer(s) and the Seller, the Seller will activate the TC function for its Buyers.

Dukaan Dost thus disclaims any responsibility for any claims that may be made about the TC granted by a Seller to its Buyers.